Posted on October 03, 2016 in Personal Injury

According to information from the Centers for Disease Control and Prevention (CDC), nearly three million Americans suffer a slip and fall injury each year. Though most commonly associated with traumatic brain injuries (TBIs) and broken bones, these slip and fall accidents can injure many different parts of the body. Some of these injuries might seem minor—knee injuries, for example. Yet new research suggests that these victims could end up suffering ill effects for the rest of their lives.

Knee Cartilage Regrowth Efforts Unsuccessful

Researchers have been studying the cartilage regrowth in knees for some time now. One study showed that it simply never happens. In fact, even attempts to induce regrowth were unsuccessful. They used a multitude of approaches—using everything from stem cells to grafts of healthy cartilage—but were still unable to detect any regrowth in the knees of 22 different patients. The short lesson is to take care of your knees—guard them and protect them because an injury can last a lifetime. What happens, though, when the injury is not your fault?

Continue Reading ››

 Posted on October 03, 2016 in Immigration

Immigration attorneys are very familiar with the concept of the aggravated felony; yet, the layman will likely not understand. The term is an arcane one, taking two words familiar to average people and making them into a new phrase. However, if you are an immigrant, aggravated felony is a term that is imperative you know. If you commit what is adjudicated to be an aggravated felony, you may wind up subject to deportation.

Where Did the Term Come From?

The first appearance of the term ‘aggravated felony’ was in 1988, under the Anti-Drug Abuse Act of 1988. At this point, the term was construed only to include three disparate crimes: murder, drug trafficking, and illegal trafficking of firearms. Over time, approximately 50 more crimes have been added to the list, to the point where the term has been redefined and redefined again. As of this writing, the list contains any crime that can be said, in any way, to relate to fraud or dishonest character, but there are many exceptions.

Continue Reading ››

 Posted on September 30, 2016 in Personal Injury

The sheer volume of goods that traverse American highways to meet the demands of consumers, is nothing short of mind boggling. The people behind getting those truckloads of items to you are the masses of truck drivers, driving day and night to get products onto to store shelves expeditiously. And while it may seem relatively straightforward to get items loaded onto a truck, follow a GPS route, and unload boxes of items, there are regulations are in place to ensure a safe delivery.

Unfortunately, there are trucking companies who, along with their employed drivers, flout the rules, stretch the limits, and jeopardize the safety of those around them. A common breach are drivers who are driving for time periods beyond prescribed federal limits causing severe fatigue and, in many cases, crashes. If your loved one has been seriously injured or killed in an accident involving a truck and you suspect the truck driver was fatigued, contact a personal injury attorney to assist you.

Continue Reading ››

 Posted on September 29, 2016 in Immigration

Most people who seek permanent residence in the United States tend to do so via family-based petitions. If someone has an immediate relative who is a U.S. citizen or permanent resident, they can apply for their spouse, child or parent to become a lawful permanent resident (LPR, or “green card” holder). However, it is also possible to become an LPR through your employer. The requirements are slightly different to those of a family-based petition, but if followed appropriately, the wait may be shorter than those for family categories.

Categories

There are five different categories under which an employer may apply for you to become a permanent resident, though two are by far the most frequently used. The categories are:

• EB-1, also called first preference. This is a rarely-used category designed for people with extraordinary abilities, such as star athletes or Nobel Prize winners. This classification does not require a labor certification from the Department of Labor.

Continue Reading ››

 Posted on September 27, 2016 in Family Law

When couples start to think about divorce, they often fear that it will be this horrible, contentious battle. They worry that both they and their spouse will be emotionally, financially, or mentally devastated (if not all of the above) by the end of it all. True, divorce is an emotionally difficult process with a lot of legal and financial complexities, but there are many couples who are able to divorce amicably. In fact, there are even some spouses who walk away as friends. If you know that divorce is the path that is right for your marriage, but you would like to do so without tearing one another apart, the following information may help.

Why an Amicable Split?

There are many reasons that a couple may wish to part ways in a peaceful manner. Some may simply want to preserve the happy memories of their marriage, or they may be dead-set on not hurting the spouse that they still very much care about but no longer wish to be married to. Others may wish to split amicably because they do not want their children to be caught in the middle of a war zone. They want future family get-togethers and an environment where their children feel safe and loved, despite the ending of the marriage. Whatever your reason, the key to moving forward peaceably is to keep it in the forefront of your mind whenever things get stressful. Because they undoubtedly will.

Continue Reading ››

 Posted on September 22, 2016 in Personal Injury

When drivers misuse prescription drugs or take illicit drugs, they put themselves and other road users at risk. In fact, drug use has about the same effect on a driver’s performance as alcohol use - focus can be difficult to maintain, judgment often becomes impaired, motor skills and coordination may be affected, and some drugs can even make a driver more prone to reckless or aggressive behavior behind the wheel. Sadly, this does not stop an estimated 10 million drivers from driving under the influence of illicit drugs, or many others from misusing prescription drugs and then driving. In addition, there are many other concerning facts about drugged driving, many of which might shock you.

Estimates May Not Be Accurate

In 2014, the National Survey on Drug Use and Health (NSDUH) surveyed drivers and asked them if they had driven under the influence of illicit drugs in the past year. Around 10 million admitted to doing so. The problem with this statistic is that it relies heavily on self-reporting. Though, theoretically, an anonymous poll, not all users will outright admit to drug use. Furthermore, this estimate only covers those who have used illicit drugs. It does not account for medical marijuana users, nor for those who are improperly using a prescription provided to them by a physician.

Continue Reading ››

 Posted on September 20, 2016 in Family Law

Years ago, mothers were granted sole or primary custody in divorce. This was because they were thought to be the more “important” parent. Of course, it is true that a mother’s role is crucial in terms of child development, but their involvement and presence does not outweigh that of fathers. In fact, there are reams of studies proving just how important fathers are for a child’s cognitive, social, and emotional development. Thankfully, courts have started to listen, and the rights of fathers are slowly gaining more acknowledgement and recognition. This movement – the shared parenting movement – has only further shown that, when it comes to raising children, two parents really are better than one.

Why Children Really Should Have Both Parents

Somewhere along the way, someone noticed that children were suffering from the lack of parental involvement. They started studying it, trying to figure out why and how the involvement of fathers was so important. What they found is that each parent – be it a dad and a mom, two moms, or two dads – offers something different to a growing child. One parent might be more nurturing while the other is more playful. In fact, one study indicated that mothers are more likely to socially engage with their children, which helps their children understand how their actions affect others. Dads are more likely to engage in physical play, which teaches children how to handle their bodies (i.e. discouraging hitting).

Continue Reading ››

 Posted on September 19, 2016 in Immigration

Most of the time, when someone applies for admission to the United States, they are found admissible and granted a visa. However, certain acts can render someone inadmissible, for a period of time or permanently, depending on what the person has done. If you find you are inadmissible to the United States, you may be able to apply for a waiver of inadmissibility, which can eliminate the obstacle; however, not everyone is eligible.

Why Am I Inadmissible?

There are many, many different reasons under U.S. immigration law as to why someone may be inadmissible. Some of the most commonly seen reasons are:

• Evidence of substance abuse or addiction. The United States does not admit those it believes likely to become a public charge.
• A criminal record with multiple convictions.
• A criminal record listing a crime of moral turpitude - in broad terms, any crime that shocks the conscience of the public.

Continue Reading ››

 Posted on September 15, 2016 in Personal Injury

The reminders about cell phone use behind the wheel are everywhere – in the media, on social platforms, plastered across billboards and signs, and even in messages you hear while on hold with your cell phone provider. Yet the distracted driver problem continues to grow. In fact, a recent study from the National Safety Council (NSC) revealed some highly disturbing information: cell phones are a factor in one out of every four car crashes.

Just How Big Is the Problem?

According to the NSC’s data, more than 240,000 crashes involving the use of a cell phone occurred in 2014. In those accidents, more than 3,000 people were killed and more than 430,000 were injured. Since that time, the problem has continued to grow. In fact, it is estimated that, at any given moment, as many as 660,000 drivers are using their cell phones while driving.

Texting While Driving Is Not Always the Issue

Continue Reading ››

 Posted on September 13, 2016 in Family Law

Mediation, an alternative dispute resolution (ADR), gives couples the chance to work out their differences in a controlled, neutral environment. It encourages them to compromise and develop creative solutions that work for their family. Though not for everyone, there are many benefits to choosing this route for your divorce – benefits that can be reaped by the entire family.

Mediation Can Save You Money on Your Divorce

Traditional divorce, or litigated divorces, can quickly accrue costs. First, there is the filing fee and court costs. Then you have your attorney fees, which can vary greatly and are dependent upon several factors, such as the level of contention between parties, size and complexity of the marital estate, and each party’s willingness to compromise. Mediation works a little differently. Though each party may still have an attorney present to ensure their rights and interests are not infringed upon, the process encourages the parties to work together. This can ultimately result in less billed time with the attorney, which can thereby reduce the overall cost of the divorce.

Continue Reading ››