Rape is one form of sexual assault that can be committed by either a male or a female of any age. It involves forced because sexual intercourse is definitely unwanted. The rapist or the offender uses violence, to threaten his/her victim, or force to have control over the other person. In certain occasions the offender tries to impair his/her victim with the use of alcohol or illegal drugs; this is to render his/her victim incapable of fighting back to defend himself/herself.
A rapist can be a date, an acquaintance, a kin, a friend, a stranger or, in certain instances, a family member, even a spouse. So long as it is forced and unwanted, then it is a crime.
In a rape charge, the following are alleged:
- There was force applied;
- The offender is in a position of authority and uses this authority to force his/her victim to submit to his/her malicious intents; and,
- The victim has a physical or mental condition that renders him/her incapable of expressing consent.
If rape is committed against a person under the age of consent, then the offense would be “rape of a child” or “statutory rape.” With regard to consent, rape f a child and statutory rape greatly differ from each other; rape, as said above, is non-consensual, statutory rape, on the other hand, is a consensual act between two individuals. The only similarity between the two is on the age of the victim; the first is forcefully committed against a minor victim, while the second is consensually committed with a minor individual (though consensual, it is still considered a crime.
Rape of a child, which is determined based on a victim’s age, falls under three degrees:
a) First degree. Rape of a child in the first degree is committed by an offender, who is at least two years older than his/her victim who, in turn, is under the age of 12 and not married to him/her.
b) Second degree. Rape of a child in the second degree is committed by an offender, who is at least three years older than the victim who, in turn, is either 12 or 13 years old and not married to him/her.
c) Third degree. Rape of a child in the third degree is committed by an offender, who is at least four years older than his/her victim who, in turn, is either 14 or 15 years old and not married to him/her.
The Horst Law firm, with address: https://www.criminalattorneysnashville.com/practice-areas/sex-offenses/, says that anyone convicted of this crime may be subject to enhanced requirements for probation or parole. The aggravated form of this charge applies to offenses committed against a child aged three years or less. Though the aggravated form is a Class A felony, the offense is categorized in such a way that the minimum prison sentence will be 40 years if the defendant is convicted.
Worse than these, however, is the devastating impact a conviction will have in the life of one who is convicted. Saving oneself from a conviction requires no less than a very strong defense from a seasoned and highly-skilled criminal defense lawyer. A conviction not only means harsh punishments, but a ruined future too. Though charged, this does not mean that chance of an acquittal is impossible.Read More
Motorcycle safety is an important concern for most drivers. Compared to much bigger vehicles, motorcycle accidents can almost always be devastating. According to the website of Karlin, Fleisher & Falkenberg, getting involved in motorcycle accidents are often serious if not life changing. There have been different misconceptions about motorcycle safety and this article will debunk all these false beliefs.
1. Loud Pipes Can Lessen The Likelihood Of An Accident
Research revealed that crashes can happen more frequently. This is due to the fact that other drivers will tend to be more aggressive and annoyed by the noise, It could also be due to the bikers getting tired themselves and becoming inattentive because of the noise.
2. Helmets Don’t Save Lives
Motorcycle drivers prefer not to wear helmets because it can impede their hearing and vision. Contrary to that belief, a helmet can protect them from head injuries as it absorbs shock and impact. It also provides bikers with eye protection. Normal peripheral vision ranges from 200 and 220. The Federal requirement is 210. Aside from that, helmets also decrease wind noise which can lessen fatigue.
3. Accidents Will Never Happen To Me
You will never know. Even the most experienced motorcycle riders can get involved in crashes or collisions from time to time. Just always be ready for the unexpected.
4. It Is Safer To Ride On A Street Than on an Interstate
Most riders think that riding on a street is safer because of a slower speed. On the contrary, when you ride on a street, you also deal with side streets, pedestrians, crossroads, and traffic coming from different directions. In an interstate, there are no pedestrians and side streets to deal with.
5. You Should Lay Down Your Bike To Avoid A Crash
When you “lay it down,” you relinquish control over your bike which makes your safety even more at risk. Such actions actually contribute more to serious injuries due to impact with the ground. In fact, this practice is no longer taught in motorcycle safety courses because it is not safe.
These are just some of the myths surrounding motorcycle safety.
When someone dies, it is natural for their family to question the cause of their loved one’s passing. Although death usually happens naturally, sometimes the negligence of others is the cause of death. If the death was avoidable and preventable, a wrongful death may have occurred.
According to the Cazayoux Ewing Law Firm, thousands of people lose their lives as a result of another person’s reckless actions, causing their loved ones and families to be left with immeasurable grief and other repercussions. The loved one’s family the needs time and ability to cope with their lost one. Being able to focus on what’s important can really make a difference with the coping process for the victim’s family and friends.
Usually a doctor is the last person to see someone alive, thus wrongful death cases are closely tied with the issue of medical malpractice. The negligence of a medical professional is not something to let go lightly, as this individual could go on to cause further injury or even death to others. Often, wrongful deaths result from botched surgeries, inaccurate medical diagnoses, or diagnoses that occur too late into the illness to successfully save the patient. According to the Centers for Disease Control (CDC), 130,557 people died from unintentional injury last year.
By holding the responsible party accountable, you could collect financial compensation for your loss. A successful claim could help cover the costs of a funeral, lost wages, medical bills, prescriptions, psychological treatments, pain management, and even the simple loss of companionship. Although the loss of a loved one is extremely hard to deal with, the option of seeking justice should not be overlooked. Time is also of the essence when it comes making a wrongful death claim.Read More
Most of our internal organs, such as the lungs and the abdomen, are lined with a membrane called the mesothelium. When cancer cells develop in this layer, mesothelioma occurs. According to http://www.williamskherkher.com/houston-personal-injury/, this aggressive type of cancer is heavily associated with exposure to asbestos, a naturally-occurring fiber used in different industries such as shipyards, metal works and power plants. Although the government has already banned the use of asbestos in construction, insulation materials used in older houses may still contain asbestos.
Mesothelioma is known for its long latency period. Usually, it takes between two to five decades before its signs and symptoms occur. Depending on its type, signs and symptoms of mesothelioma are the following:
- Pleural (lung) mesothelioma
- Shortness of breath
- Unintentional weight loss
- Chronic cough and chest pain
- Night sweats
- Peritoneal (abdominal) mesothelioma
- Abdominal mass
- Obstruction of bowel
- Abdominal pain
- Unintentional weight loss
- Pericardial (heart) mesothelioma
- Labored breathing (dyspnea)
- Build-up of fluid around the heart
- Chronic coughing
- Testicular mesothelioma
- Lumps in the testes
- Swelling of the scrotum
If you are of older age, has been exposed to asbestos in any possible way, and are experiencing any signs and symptoms above, visit your doctor immediately for a mesothelioma examination. Imaging tests, such as computerized tomography (CT) scan and X-ray can be used to detect mesothelioma. A tissue sample of the affected body part may also be obtained for laboratory tests. Once it is diagnosed, doctors will conduct further testing to evaluate and stage the severity of the disease.
Because mesothelioma is an aggressive type of cancer with long latency period, aiming for a complete cure is almost always impossible. However, with proper treatment and right support, mesothelioma patients are able to relieve some symptoms and make them as comfortable as possible.
Although a mesothelioma diagnosis can be life-shattering, you should keep in mind that this is far from being a death sentence. Talk to your friends, families, and mesothelioma groups to seek the support and guidance that you need.
A traumatic brain injury is one of the most severe conditions that the human body can encounter. Because the brain plays a vital role in the way that our bodies function, having tremendous external force applied to the head can lead to significant damage and long-term consequences.
Based on data from the Centers for Disease Control and Prevention or CDC, there are an estimated number of 1.4 million traumatic brain injuries that occur each year. Not all traumatic brain injuries are alike. The severity of the trauma will depend on how much force is applied to the head and disrupts the functions of the brain. Usually, any kind of violent jolts or blows to the head are enough to cause some level of dysfunction in a specific area of the brain. Less forceful blows will usually result to temporary brain damage. Typically, such injuries result in bleeding, bruising, torn tissues, loss of consciousness, disorientation, and sensory problems. However, a more powerful force will usually result to permanent damage or even death.
While traumatic brain injuries will commonly lead to loss of consciousness, there are moments when victims in an accident walk away without noticing any symptoms. As such, any person who has been in a car accident, a blast or explosion, or anyone who has slipped and hit their head in a fall should be observant of any signs that may point to the possibility of this serious condition. Feeling dazed, disoriented, and confused can mean that you are suffering from a traumatic brain injury. Having weakness or numbness in the fingers or toes is another sign, as well as headaches, nausea, and vomiting.
The website of McCutchen & Sexton quotes from the American Congress of Rehabilitation to point out these milder traumatic brain injuries are much more difficult to diagnose. This tends to exacerbate the situation, causing the patient suffering from the injury to face greater risks.Read More
Migraines and epileptic seizures can seriously affect a sufferer’s quality of life. Such conditions make it difficult to go into certain careers, or to do many activities that most of us take for granted. Medications like Topamax (topimirate) effectively manage the symptoms of these conditions so that patients can lead more or less normal lives. However, there is a price to pay.
Like most prescription drugs, Topamax is effective but it can also be dangerous. Topamax is approved for the management of migraines and epileptic seizures. Powerful drugs such as these can have serious adverse side effects that can sometimes outweigh the benefits they offer patients. In most cases, a physician will explain these side effects to a patient, and the patient can choose whether or not to risk the side effects.
When the drug company fails to disclose known side effects to the public, the patient takes risks they did not know existed, and sometimes this can have long-term consequences. Johnson & Johnson (J&J) subsidiary Janssen Pharmaceuticals is currently facing more than 130 lawsuits claiming that the drug company has withheld important information about its product Topamax that led to women giving birth to children with birth defect. According to the website of Williams Kherkher, subsequent studies indicate a strong link to this with taking Topamax, and plaintiffs allege that J&J knew about the risks but did not inform the public.
The Food and Drug Administration (FDA) required J&J to put a black box warning on its Topamax labels in 2011, too late for many women. However, the problems with Topamax may not be confined to birth defects. There have been complaints that Topamax may have other side effects that patients do not know about, such as reduced cognition and chronic kidney disease. There are no supporting evidence yet for these other side effects, but complaints from patients are how these things get found out. Somebody had to be first.
If you are on Topamax and suspect that it may be causing you medical problems you were not warned about, you could be that first claim. Consult with a Topamax lawyer in your state to find out your legal options.Read More
Accidents happen all the time, and South Carolina is no different from other states. However, while state law defines negligence in a pretty straightforward way, and allows for most of the usual causes of personal injuries, it can be a little harder to make a claim in South Carolina.
For one thing, you have to be less at fault than the negligent party. This is called the modified comparative fault doctrine. In essence, it means that if you are more at fault than the negligent party by just a little, you cannot recover damages. For example, if you are jaywalking and a car comes around the corner and hits you, the jury can find you more than 50% at fault for crossing the street illegally.
A Columbia personal injury lawyer can probably help your case by arguing that you were trying to keep an unaccompanied child from walking into the street at the time of the incident, which can lessen your share of the fault enough to help you get some compensation for your injuries. However, the award will be reduced by your fault. If you are found 40% at fault and the jury awards you $20,000 in compensation, they will take away 40%, which means you will only receive $12,000.
One of the major components of certain personal injury claims are punitive damages, which applies to defendants that acted in an egregious manner, such as drunk driving. It is meant to punish the defendant and not award the plaintiff. Punitive damages are more subjective, and some states place a cap on this. In South Carolina, the cap is at $500,000 or three times the amount of compensatory damages, whichever is lower. For defendants with a prior felony conviction for the same act, this can go up to $2 million or four times the amount of compensatory damages, whichever is lower. In some cases, the punitive damages cap does not go into effect if there was intentional harm or responsible party acted in an extremely bad manner.
If you are in South Carolina and you want to get compensation for a personal injury, you should consult immediately with a lawyer that specializes in personal injury cases in the state. This will give you a better chance of getting positive results.Read More
It is easy to take your workers’ compensation for granted when everything is fine and hunky-dory, but when the time comes that you have to make a claim, do you know what you are entitled to? The website of the LaMarca Law Group may be able to put you straight on that right away, but maybe you should know the basics of what you are entitled to, anyway. Just to set the record straight, and all that.
Iowa law is very specific about what benefits you can get under workers’ compensation insurance. It requires employers to provide medical care, lost wages, and permanent disability benefits.
The employer should pay for your medical benefits for a workplace injury even as the insurance claim is being processed. Your employer (or insurance carrier) can choose which doctor will do the treatment, and because your employer has to reimburse you for transportation costs (gas and vehicle use) for doctor’s appointments, it will probably be someone who is in the vicinity. However, if you are not happy with their choice of physician, you can petition to have him or her replaced subject to certain conditions as laid out in Iowa Code § 85.27.
While undergoing treatment or during recuperation, your insurance should also cover lost days of work until such time as you are declared fit to go back to work. The daily rate may be less than your actual rate because it s not taxable. There are cases where the physician may allow you to go back to work but restrict you from certain key activities or limit your work hours because of your medical condition. This usually means you will be paid at a lower rate or for less work hours, in which case you will be eligible for temporary partial disability. This will make up the difference between what you should be earning if you had not been injured, and what you are earning after being injured. This is all spelled out in Iowa Code § 85.33 to 34.
If you are declared permanently disabled by your physician, the benefits will depend on whether you are partially or totally disabled, and what part of the body has been affected. This determines the seriousness of the disability, and how it reduces your capacity to earn. The insurance company typically calculates the proper compensation using the American Medical Associations Guides to the Evaluation of Permanent Impairment, 5th Edition in part, subject to specific conditions. It all boils down to how your injury affects your ability to do the work you were doing prior to the injury. You can find the details for this benefit under Iowa Code § 85.34.Read More
We often hear the term “duty of care” when discussing personal injury liability. This may be defined as a fancy way of saying someone was careless, and it resulted in someone getting seriously hurt. However, it is not always a simple as that. When a person is careless, it usually means the person or entity involved did not take reasonable precautions to protect others from harm. A good example is a person who causes an accident because of texting while driving. As described on the website of Ritter & Associates, the driver was careless, and may be considered negligent for causing the injury.
However, there are also personal injury claims based on an entity deliberately suppressing information, or misleading the public about a product or service that resulted in harm. This type of negligence commonly occurs with pharmaceutical companies that sell dangerous drugs. Plaintiffs may claim that the company purposely failed to give adequate warning about the possible side effects of the drug even though they knew it existed for fear of losing sales. Another approach is to market a product aggressively for off-label use, which means it hasn’t been approved for such uses. One example of the former is the oral contraceptive Yasmin, while an example of the latter is the anti-psychotic drug Risperdal for treatment of behavioral problems of elderly patients with dementia.
To define personal injury liability as mere “carelessness” would be to limit the scope of such liability. There are many people and entities that act knowingly and intentionally to achieve an end and ignoring the consequences to others. Pharmaceutical companies are one, and construction companies are another. Many workers have sustained injuries because their employers intentionally chose to ignore safety regulations and put their workers at risk because they want to cut down on costs.
Deliberate or no, if the actions of a person or company results in serious harm to you or a loved one, they can be held liable for it. Consult with a personal injury lawyer to find out if you have a provable case.Read More
Emotional distress is traditionally coupled with physical injury in a personal injury claim. The presumption is that the plaintiff suffered emotional distress because of the physical injury sustained. However, there are some cases where there was no physical injury, but the emotional and psychological impact is nevertheless significant. A good example would be a defamation suit, in which the lies told by another person ruined the reputation and social standing of an individual. There is no physical injury, but the repercussions certainly have monetary value.
In Kentucky, the “impact rule” used to be strictly applied for emotional distress claims. In that rule, the plaintiff will only recover damages if there was concurrent physical contact. No contact, no case. However, the Kentucky Supreme Court rejected the impact rule in a 2012 case Osborne v. Keeny where the homeowner did not sustain any physical injuries when an airplane crashed into her house. Instead, the court required the plaintiff to prove that there was emotional injury from the incident though expert medical proof. This means that the plaintiff has to hire a specialist to provide scientific evidence that the plaintiff in fact suffered severe emotional trauma.
The importance of this about face in negligence claims in Kentucky is considerable. A pedestrian who narrowly escapes being run down by a speeding car can claim emotional distress; the same applies for witnesses to a horrific accident or relatives of a person who was injured or killed in an accident. According to the website of the Sampson Law Group, it is far easier to recover from a physical wound than an emotional injury, so this ruling comes as a welcome change for direct and indirect victims of negligent accidents.
However, Kentucky law places a statute of limitations of one year for general injury claims. If you are coping with extreme emotional distress, you should act fast to get the compensation you deserve. Consult with a personal injury lawyer in Kentucky as soon as possible to assess your case and get going on filing your claim.Read More