If you have been charged with domestic abuse—whether the charge(s) against you are classified as misdemeanor, felony, or a mix of both—it is vitally important that you treat your situation with the utmost seriousness. Whether the charges against you are wrongful or not, it is important to have an attorney by your side who will construct a strong defense on your behalf. Even if you are unable to achieve an acquittal (or have the charges against you dropped), consulting with a dedicated criminal defense attorney will help to ensure that any consequences you may face are as mitigated as possible.

Honoring the Terms of an Order of Protection

If you are named in an order of protection, you need to abide by every single restriction in that order. As an experienced domestic violence lawyer – including those who practice at The Law Office of Daniel J. Wright – can confirm, violating these terms (even indirectly) can land you in jail and/or damage your defense to the underlying charges against you. If you are having trouble honoring the terms of a protection order because you need to communicate with the protected party for some reason, don’t do anything to violate the order… not even by communicating with the protected party through anyone else who isn’t a lawyer. Instead, reach out to an experienced attorney, who will know how to convey what you need to communicate in ways that don’t violate the order of protection.

Cautious Communication – Be Proactive

Don’t post about your situation online and be very careful what you say in texts, emails, phone conversations, and even during face-to-face conversations with others until your case is fully resolved. All too often, even innocent alleged offenders compromise the strength of their defense by communicating with others in careless ways. What may feel like “venting” to you in the moment could be used by a prosecutor as evidence of your erratic temperament, etc. Don’t risk the strength of your defense for the temporary satisfaction of complaining about your situation.

Connecting with an Attorney

If you have not yet spoken with an experienced criminal defense attorney in your area, do so now. The more proactive you are about building a strong defense on your behalf, the better your chances of navigating this challenging situation successfully will be. Attorneys need time to build a defense—give them the time they need to help you.

Domestic violence can occur in many different forms. As a victim, it is important to know what domestic is violence is so that you recognize the signs. It is also best to understand the forms of domestic violence so, you know how to avoid abusing someone else. Because there are such incalculable variations of domestic violence, it is very easy to submit to this offense without knowing. At the same time, it is difficult to report domestic violence because you may be unaware that you have been or are being abused.

Domestic violence can be described as an instance of physical, emotional, and sexual interactions where a dominant party is expected to be controlling, coercive, compromising, corrupting, and wild. Domestic violence is usually brought about by a past or present domestic partner, relative, or loved one.

Sorts of Domestic Violence:

Physical abuse is any kind of contact that may cause harm to a person. This includes hitting, pushing, punching, biting, slapping, cutting, and any other contact-based interactions achieved by another party. Essentially any sort of physical discipline can be viewed as domestic violence.

Mental abuse is an attack on the emotions of an individual. This is characterized as taunting, disparaging, or coming at an individual with reports of false claims and accusations.

Sexual abuse is terrorizing an individual to partake in sexual developments, but the other individual involved has not concurred. People do not think about the term when it is a partner or spouse but this is still sexual abuse. This can also include offering unwarranted sexual comments towards someone, often referred to as sexual harassment.

Stalking is a sort of bullying that is also characterized as domestic abuse. Instances of this are invading a victim’s personal space or home and workplace, sending messages or gifts when they are not requested.

Financial abuse happens when a victim’s money or financial information is taken advantage of without consent. This may include denying a victim access to resources or taking resources without consent and moreover not allowing them to acquire cash somehow.

Domestic violence is not in any way agreeable. There are various ways for you to be a victim or a witness without knowing. While these cases may seem easy to avoid, it is not this way for everyone. If you or someone you know has been charged with domestic violence talk with a skilled Criminal Defense Attorney, like The Lynch Law Group to assist you.  

Food and drug products are recalled when they pose a safety risk to consumers. When a food or drug is recalled, most often it is the manufacturer or distributor who voluntarily recalls the product in question after a defect is discovered. In other instances a government agency such as the Food and Drug Administration (FDA) can issue a recall. The FDA will usually notify a company that their product is defective and needs to be recalled, often that company will comply. If they do not, the FDA can acquire a court order which allows the agency to seize the defective item. 

Consumers can check for food, drug and cosmetic recalls on the United States Food and Drug Administration’s website. Below are three products that were recalled in July of 2021

1. Pfizer Chantix Varenicline Tablets

On July 16, 2021, Pfizer recalled:

• two lots of Chantix 0.5mg tablets
• two lots of Chantix 1 mg tablets
• eight lots of a Chantix kit of 0.5mg/1 mg tablets 

due to the presence of nitrosamine, N-nitroso-varenicline, above the Pfizer established acceptable daily intake level. Long term ingestion of N-nitroso-varenicline may be associated with a theoretical potential increased cancer risk in humans but there is no immediate risk to those taking this medication. Nitrosamines are common in water and foods and everyone is exposed to some level of nitrosamines. The impurities may increase the risk of cancer if people are exposed to them above acceptable levels for long periods of time. The recalled tablets were distributed nationwide to wholesalers and distributors in the United States and Puerto Rico from June 2019 to June 2021. Patients currently taking Chantix should consult with their doctor to confirm if they received an affected lot and if appropriate about alternative treatment options. To date, Pfizer has not received any reports of adverse events that have been related to this recall. 

2.  Old Soul’s Farms Leafy Green Products

On July 26, 2021, Old Soul’s Farms LLC recalled greenhouse leafy green products following a positive test of Listeria monocytogenes. Listeria monocytogenes can cause infection that can be serious for pregnant women. People older than 65 and people with weakened immune systems. Healthy individuals may suffer short-term symptoms such as high fever, headache, stiffness, abdominal pain and nausea. The recall includes arugula, basil, finstar, green bibb, romaine, spring mix and clamshell green varieties. Any consumers who purchased the possibly affected products are advised to not consume them and dispose of the product immediately. To date, no illnesses have been reported. 

3. Johnson & Johnson Neutrogena and Aveeno Aerosol Sunscreen Products

On July 14, 2021, Johnson & Johnson recalled all lots of five Neutrogena and Aveeno aerosol sunscreen product lines due to the presence of benzene. Benzene is classified as a human carcinogen. Humans are exposed to benzene daily from various sources. Johnson & Johnson states that the levels of benzene in the aerosol sunscreen products would not be expected to cause adverse health consequences but the company is recalling the products out of an abundance of caution. The products impacted are:

• NEUTROGENA® Beach Defense® aerosol sunscreen,
• NEUTROGENA® Cool Dry Sport aerosol sunscreen,
• NEUTROGENA® Invisible Daily™ defense aerosol sunscreen,
• NEUTROGENA® Ultra Sheer® aerosol sunscreen, and
• AVEENO® Protect + Refresh aerosol sunscreen.

Consumers should stop using these specific products and discard them. Consumers may contact the JJCI Consumer Care Center 24/7 with questions or to request a refund. 

If you are in need of a wrongful death lawyer at The Law Office of Eglet Adams call for answers to your questions and help with your case. 

Nowadays, a lot of people suffer from chronic neck and back pain. If you have difficulty coping with back or neck pain, you may want to consider seeing a chiropractor. Chiropractic care like one provided by a chiropractor at AmeriWell Clinics has been known to ease a variety of different conditions. Here is what you need to know about the benefits of chiropractic care.

Reduces Need for Painkillers

In the U.S., the opioid epidemic has occurred largely to an overprescription of narcotic painkillers. Opioid pain relievers help manage the discomfort, but it comes at a cost for some patients. Opioids should only be used for temporary relief of pain. If you have chronic pain, you may not want to use painkillers to rid yourself of the pain. After all, most patients do not want to be reliant on pain medication. Patients who visit a chiropractor are less likely to need a prescription for opioid painkillers than those who do not visit a chiropractor.

Improves Posture

Poor posture is plaguing a lot of people. With many workers working behind a desk, it isn’t easy to retain good posture. Many patients suffer from lower back pain and neck pain caused by too much sitting. In addition, they may have poor posture. You may notice that your shoulders and neck slump when you are sitting rather than sitting straight. You may have what is referred to as hunchback posture. Those who receive 30 treatments over the course of six months show significant improvement when it comes to posture. If you improve your posture, it can help you prevent back pain in the future.

Reduces Neck and Back Pain

Neck pain is one of the most common ailments that patients suffer from when going to the chiropractor. If you have a job where you sit many hours out of the day, you most likely have neck pain. A lot of people have tense neck muscles from looking down at their phones or computer screens. A chiropractic adjustment can ease neck pain because it realigns the spine and eases tension in neck muscles. In some cases, spinal manipulation can be as effective as pain medication.

If you suffer from chronic neck or back pain, a chiropractic adjustment could be your ticket to living without pain. To avoid pain killers and to improve your posture, consult with a chiropractor as soon as possible. After your initial examination, the chiropractor can create a treatment plan that is custom to your condition.

Employment Discrimination Lawyer

As an employment discrimination lawyer from a firm like Eric Siegel Law can explain, one of the most pervasive types of harassment that takes place is sexual harassment.

Recent media reports confirm that this type of harassment has infected every type of industry and affected thousands of women and men. Fortunately, discrimination attorneys aggressively advocate for victims of workplace sexual harassment, and understand how devastating its effects can be on victims.

Federal Definition of Workplace Sexual Harassment

According to the United States Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

• The perpetrator lets the victim know, either implicitly or explicitly, that submitting to the conduct is a condition of the victim’s employment;

• The perpetrator lets the victim know, either implicitly or explicitly, that Submitting or rejecting of the conduct by an victim is used as the basis for decisions affecting the employment of the victim; or

• The effect of the purpose of the perpetrator’s conduct is to either substantially interfere with the victim’s work performance or to create a hostile, offensive, or intimidating work environment.

Statistics reveal that 40 to 60 percent of women in the workforce have experienced at least one incident of sexual harassment; however, it is believed the number is much higher since many victims never report the harassment.

There are several different types of harassment that fall under this category:

• Seductive behavior – The abuser makes inappropriate and unwanted sexual advances. The victim is barraged with date requests, sexual invitations, phone calls, text messages, emails and gifts.

• Sexual Bribery – The abuser promises the victim a reward in return for sex. They may be blatant in their offer or they may attempt to come across subtly.

• Sexual Coercion – The abuser threatens retribution, such as withholding promotions or raises, poor job evaluation, or job termination, unless the victim consents to sexual activity.

• Sexual Imposition – Forceful touching, feeling, grabbing or sexual assault.

Another form of behavior that many people do not realize falls under sexual harassment is called gender harassment. Sexist comments or comments that are degrading to one gender or another are types of sexual harassment. This can take place in the form of obscene and inappropriate jokes, insults or graffiti.

There is no “typical” victim of sexual harassment. How a person dresses or acts has nothing to do with being targeted. Different research that has been done has found that victims of sexual harassment are varied – there is no specific body type, age or dress style that factors into a person becoming a victim.  

Have You Been a Victim? 

If you’ve been a victim of sexual harassment at your workplace, contact an experienced workplace discrimination attorney to find out what legal action you may be able to take against your employer. Reach out to an attorney today to schedule a free consultation.

COVID Pandemia y los accidentes automotrices

Los accidentes automotrices aumentaron en un 7% en los Estados Unidos según la Administración Nacional de Seguridad del Tráfico en las Carreteras (NHTSA, por sus siglas en inglés). La NHTSA informó en su reporte que a pesar de que había menor número de conductores en las calles, en los primeros seis meses de pandemia, los accidentes fatales aumentaron debido a distintos comportamientos de los conductores de automóviles, se determinó que hubo un incremento entre los conductores en Estados Unidos que había tenido accidentes automovilísticos y que no portaban el cinturón de seguridad; así como en el uso de alcohol y drogas.

Menor uso del cinturón de seguridad en pandemia

Los conductores de automóviles en Estados Unidos decidieron utilizar con menor frecuencia el uso del cinturón de seguridad en tiempos de inicio de pandemia, probablemente porque no observaban tanto tráfico en las calles y carreteras y esto los hizo relajarse al tomar la decisión de no portar el cinturón de seguridad. Obviando una de las bondades imperativas de un cinturón de seguridad que es la de salvar vidas.

El comportamiento relajado a no portar el cinturón de seguridad, no se limitó únicamente al conductor; sino también, a los pasajeros del automóvil. Es decir, en el año 2019 más del 78% de los conductores hacían uso del cinturón de seguridad, mientras que en los primeros meses de pandemia los conductores que portaban cinturón de seguridad se redujeron a menos del 72%. Aunado a ello, los pasajeros también hicieron una mayor omisión al uso del cinturón de seguridad de un 74% de pasajeros que normalmente utilizaban el cinturón de seguridad en el 2019, se disminuyó dramáticamente en los primeros meses de pandemia a un 59.2% en el año 2020.

El comportamiento de los ocupantes de automóviles, tuvo consecuencias, las estadísticas demuestran que los accidentes automovilísticos con características de ocupantes expulsados aumentó en un 1.5 casos por cada cien percances.

Exceso de velocidad, drogas y alcohol en pandemia

El quedarse en casa por cuestiones de pandemia (COVID) incrementó en un importante 20% el consumo de alcohol y entre 38% y 45% incremento de ventas de mariguana legal (comparado este reporte con el año 2019) en ciudadanos estadounidenses.

Hay varios aspectos a los cuales se atribuye este comportamiento de incremento de consumo de drogas y alcohol, entre ellos a manejo de ansiedad, estrés, facilidad de consumo sin tener que presentar al trabajo al día siguiente, entre otros.  

El aumento de consumo de alcohol y drogas fue contrastante con los accidentes automovilísticos como resultado de exceder el límite de velocidad. Entre los ocupantes de estos accidentes un tercio de los mismos contaba con alcohol o drogas en la sangre. Los accidentes por exceso de velocidad aumentaron un poco más del 21% según la NHTSA, durante este periodo de recesión.

Las estadísticas demuestran que aun cuando era mucho menor el número de automóviles que transitaban en las avenidas y carreteras, el comportamiento de los conductores y pasajeros fue más negligente.

Si usted o algún familiar fue víctima de accidente automovilístico por un acto negligente por parte de otro conductor no dude en contactar a un Abogado en accidente de carro San Fernando Valley, CA de la oficina de Unidos Legales, estarán gustosos de ayudarle.

Getting hurt at work can quickly turn into a complicated situation, especially if an employer is not being supportive or acting within the law. It isn’t uncommon for injured workers to be retaliated against, demoted, harassed, or fired because they reported a workplace accident injury. When employers fail to treat their workers as they deserve to based on protection rights, it may be necessary to call a professional for assistance.

If you aren’t sure whether now is the time to contact a lawyer, here are just a few red flags that you probably should:

Your Employer Has Not Reported the Accident

If you told your boss about an injury accident and they didn’t follow up with you by having you complete paperwork or see a doctor, then something may not be right. Sometimes employers try to dissuade workers from reporting an accident so they don’t have to deal with their insurance company or pay you in compensation.

Be sure to ask for paperwork to report your injury, a copy of it, and follow up for an update about the status of your claim in the days or weeks after. If your employer hasn’t even reported the injury, it may mean you’ll need extra assistance from a lawyer to have it handled correctly.

You Have Yet to Receive Benefits

Let’s say you were approved to receive benefits under a workers’ compensation claim, but have yet to get them. You are entitled to medical treatment and a percentage of your wages if you are not able to work because of the injury. To ensure your claim was not mishandled which has resulted in a delay of payments, you may want a lawyer to intervene sooner rather than later.

You Were Fired After Reporting Injury

Employers may fire an employee after a workplace injury in an effort to avoid paying them in disability benefits. This is against the law and is considered employer retaliation, which warrants contacting a lawyer immediately. Remember, your employer may disguise the reason as to why you were fired as something not related to the workplace accident. Don’t fall for it, and call a lawyer to advocate for you.
Contact a Workers Compensation Lawyer for further advice about your workplace injury accident, such as a legal professional at Rispoli & Borneo, P.C.

Construction Accident Lawyer

After a workplace injury, many workers are entitled to workers’ compensation. As a Hauppauge NY Construction Accident Lawyer from a firm like Polsky, Shouldice & Rosen, P.C. can explain, while workers’ compensation may  not apply in every situation, it does in a majority of workplace injuries. How does workers’ compensation work? The following are some basics.

Purchasing the Policy

Your employer is responsible for purchasing a workers’ compensation policy. Many employers are required to by the state, though there are some requirements set forth. For example, in some states, only employers with five or more employees are required to purchase a policy. If you were the company’s only employee, you might not have coverage, but many employers purchase it regardless. 

Workers’ compensation isn’t like a 401k or a health insurance plan. You won’t see a contribution from your paycheck and you won’t be required to pay any monthly premiums. Instead, your employer pays for the policy and it covers all qualified employees.

Using the Policy

If you are injured at work, you will first need to report the injury to your employer. Many states require that you do this within a specified amount of time, such as one week, but other states just ask that you do it as soon as possible. After you have reported the injury, your employer will need to file the claim with the workers’ compensation board. Not all employers are on top of it like they should be, so you need to stay connected to the process to ensure it gets done.

When you receive medical care or have to pay for other expenses related to your injury, keep good records of all documents and bills. You will use these documents to prove your case with the workers’ compensation board. If you are offered lower than you feel you deserve, you can use the documents and bills as evidence that you deserve more.

Workers’ compensation covers several types of damages. This includes medical expenses, lost wages, loss of the ability to make a living and other similar damages. Your lawyer can help you understand what damages you can seek after a workplace injury.

Contacting Your Workers’ Comp Lawyer

Workplace injuries can be difficult to deal with because of all the requirements that must be met, but that doesn’t mean you should give up trying. If you are injured at work, you should be compensated for those injuries. Contact a workers’ compensation lawyer today so you can get the help you need to obtain what you feel you deserve.

As any trial lawyer has learned, proof of diminished earnings capacity presents one of the more difficult evidentiary problems for plaintiffs. While such damages often form an important aspect of a plaintiff’s damages, juries frequently express a (perhaps more than) healthy skepticism of such claims.  The defense’s counsel is likely to contest the viability of loss of earnings capacity claims, and expert opinion will often be required. Careful consideration of the operative law regarding the proof of these claims at trial is essential for any trial lawyer, as a personal injury lawyer, from a firm like the Law Offices of Ryan Quinn, PLLC can explain.

If a person has experienced a permanent injury that hinders the work for which they are qualified to perform by education, training or experience, a damage award for diminished or lost earning capacity is appropriate. Exxon Corp. v. Fulgham, 224 Va. 235 (1982). Even if a plaintiff may be earning more post injury, the plaintiff may still be entitled to damages for the impairment of earning capacity, as damages are based on the potential capacity to earn. 

Anthes v. Anthes, 258 Iowa 260, 139 N.W.2d 201 (1965).

Courts routinely admit evidence of numerous factors (including the injured person’s age, health, intelligence, capacity to work, experience, training, record of employment and future avenues of employment) in order to establish earning capacity and changes in earning capacity. Overstreet v. Shoney’s Inc., 4 S.W.3d 694, 704 (Tenn.Ct.App. 1999).  Self-employed plaintiffs present special problems in establishing lost earning capacity. If the person uses a solely owned or closely held corporation or similar business entity, a defendant may claim the individual has no loss but that any “loss” is that of the entity. See Landmark Comm. v. Macione, 230 Va. 137,

334 S.E.2d 587 (1985). One potential approach is to present the cost of hiring replacement employees or contractors as evidence of the individual’s diminished earning capacity. See Cost of Hiring Substitute or Assistant During Incapacity of Injured Party as Item of Damages in Action for Personal Injury, 37 A.L.R.2d 364. 

A claim for loss of earning capacity cannot be grounded solely on raw statistical evidence. Bulala v. Boyd, 239 Va. 218, 389 S.E.2d 670 (1990). This rule creates difficulties in proving lost earning capacity of infants. If an infant’s lost earning capacity claim is grounded upon facts specific to the infant, a court will allow recovery for the lost earning capacity. Musick v. Dorel Juvenile Group, Inc., 2011 WL 4851552, __F. Supp.2d___ (W.D. Va. 2011).

In summary, proof of lost earnings capacity presents unique problems to a plaintiff’s lawyer at trial. A thorough understanding of the relevant case law is an essential first step toward winning admission at trial of this important evidence of your client’s damages.