Category Archives: Spanish

Damages that can be Recovered in Wrongful Death Cases

wrongful death claimsAn unexpected death in the family always leaves a void in everyone. Although wrongful death laws vary by state, justice should always be served. For one, the bereaved family members are encouraged to seek compensation for both past and future losses. You can file a claim for funeral expenses, hospital charges, future economic contributions and many more.

Kinds of Wrongful Death Damages

There are many things that you and your family can claim after an accidental death. You can claim monetary and various types of compensation that are related to the future of the family of the deceased. Here are some examples:

  • Wage loss for the deceased’s life expectancy – this range from the untimely death to the anticipated time/age the deceased will retire from work.
  • Loss of household roles
  • Loss of spousal companionship
  • Loss of aid in caring for his/her children

As the direct family of the deceased, you may also file claims for the damages that you have already incurred including funeral expenses, medical bills for the accident and the family’s pain for the unexpected loss.

Factors that Affect Wrongful Death Claims

Let’s be honest, it will always be inhumane to put a price on a person’s life. Monetary and other forms of compensation can never replace the life of your loved one. The negligence of a company, individual or anyone can never be paid for when a life is lost. The bereaved family’s pain can never be compensated enough. However, it is the only way to help the family of the deceased move on from their loss. A wrongful death claim may help determine the life of a victim is valued at. It includes factors like employment, family roles and lifespan.

When a younger person becomes a victim of a wrongful death, it is reasonable that he or she is expected to live for a longer time compared to an elderly victim. Had the accident not occurred, the victim is expected to have contributed more to his or her family. This is why a wrongful death claim for a younger victim is expected to be more than what is provided for elderly victims.

Moreover, the compensation for the future income of an individual who has a high-paying job is higher than that of a victim that has low income. The compensation is also expected to be high if the deceased has more dependents (spouse and children). Wrongful death claims is a complicated situation to be involved in. But a reliable and knowledgeable lawyer should be able to clearly explain everything to you.

Different Categories of Criminal Offenses

criminal offenseThe three categories of criminal offense in the United States include felony, misdemeanor and infraction. These different categories are differentiated by the severity of the offense and the type of punishment given to an individual that is convicted of the crime.

Felony

This is the most serious category of all crimes. The punishment for a felony committed is incarceration of more than a year in jail. Some cases even go as far as life imprisonment without parole and others even end up in execution. Property and violation crimes can both be considered as felony. Rape, robbery, murder and many other crimes all fall under felony and are appropriately punishable under the law.

Moreover, the person who committed the crime along with all his or her accessories will be charged with felony and will serve the sentenced punishment for the act they committed.  People who helped prevent the capture of a felon will also be punished. The classification of a felony is different from one state to another and each has its own minimum or maximum sentences.

However, anyone who is convicted as a felon will lose his or her civil rights, will not be allowed to vote or even bear arms.

Misdemeanor

This category encompasses crimes that are not as severe as felonies. These illegal acts are referred to as lesser crimes wherein the maximum sentence is for 1 year or less in prison. A misdemeanor can be distinguished from a felony depending on the seriousness of a crime. Frustrated homicide is considered a felony while punching someone is just a misdemeanor. However, there are some cases of misdemeanors that can rise up to felony under specific circumstances. Take for instance, possession of marijuana that is less than an ounce in some states is classified as misdemeanor. But if you have more than an ounce then possession with the intent to distribute can be charged to you and this is a felony.

Infraction

An infraction is a committed crime that does not call for jail time as a sentence. They are usually considered as petty crimes that are punishable by fines. Infractions may also not be taken to court if the settlement has already been done. They are ordinances that are passed to control the behavior of residents in a certain community. Examples of these are speed limit, no parking and anti-noise laws. However, just like any other crime an infraction may also be raised up to a more serious level of crime. So be very careful not to commit an act that causes damage or injury as it can be considered as a serious offense.

Everything to Know About Crime

CrimeA crime refers to an act that breaks the law and this will result to an appropriate punishment. In the event that you violate a law or breach a rule, then you are considered to have committed a criminal offense. Crimes are categorized into two types – property crime and violent crime.

Property Crime

This type of crime is committed to you when someone damages, destroys or steals your property. Good examples are stealing of a car and vandalizing an establishment. This type of crime has the highest percentage of occurrence in the United States.

Violent Crime

 Violent crimes, on the other hand, occur when someone harms, threatens or conspires to harm you or anybody else. This type of crime involves force or threat of force. The most common violent crimes committed in the country include rape, murder, robbery and kidnapping.

Some crimes can be categorized as both property and violent crimes. A good example is carjacking a vehicle at gunpoint or conducting robbery at a convenience store using a handgun as a weapon.

Federal, State and Local Laws

Society has a system of laws used to determine if an act is a crime. There are three separate systems of laws in the United States and these are federal, state and local systems.

Federal Law – this system is run by the House of Representatives and the Senate. The laws passed by the Congress apply to everyone living in the country. There are instances when a federal law is in conflict with the state or local law of a certain place. When this happens, the federal law is generally followed.

State Law – this system is ruled by elected legislators and may greatly vary from state to state. Drunk driving is considered illegal in the United States but the punishment for each state is different. Another example is the gun laws followed in all 50 states – there is variation from one state to another.

Local Law – this is usually referred to as ordinances because it is passed by the local county or governing bodies of a specific city. Local laws or ordinances usually rule how the residents of a specific community should behave. For example, a local no smoking ordinance may prohibit the citizens of Mississippi from smoking in public but it will not affect the residents of the other 49 states.

Ignorance of the Law

There is usually intent to break the law for an individual to commit a criminal offense. However, there are instances that a person is unaware of the law when he or she commits the act and is therefore charged with a crime. Always remember though, that ignorance of the law is not an excuse. So always be aware of the laws that apply in the place where you are.

Federal Judge Refuses New Reform Law for Health

new health law A federal judge has just ruled the new health care reform law in the United States as unconstitutional. He said that the federal government does not have the right to demand payment from people for health insurance.

This provision is an important part of the new legislation which was signed by the President himself, Barack Obama. Many people have anticipated the judge’s decision. It garnered both support and criticism from different parties of the legislation. However, the final decision about the new health law will come from the United States Supreme Court.

The ruling of the said law was handed down by Henry E. Hudson, District Judge of the United States. He is a Republican who was appointed by former President George W. Bush. He did the ruling in sympathy to the state of VA where oral arguments were conducted last October according to Associated Press.

The White House retaliated to the ruling by stating that a negative ruling will not affect the implementation of the new health law, especially when its major provisions will not take effect until later.

Moreover, the Attorney General of Virginia who is also a Republican had filed a lawsuit against the new law. The lawsuit is intended to bar the federal government from requiring the citizens of VA to purchase health insurances. His argument states that it is unconstitutional for the government to demand from people to buy health insurances and to charge fines if they don’t.

The United States Justice Department stated that the new health law is within the scope of the federal government’s power under the Commerce Clause. But the Attorney General argued that purchasing an insurance plan is an economic issue and is no longer in the government’s authority.

Key Provisions of the New Health Law

  • Health insurance plans should provide coverage to individuals who have pre-existing medical conditions.
  • Health insurance plans should allow children to stay on a parent’s coverage until they reach the age of 26.
  • Health insurance plans should no longer include lifetime dollar limits on essential benefits.
  • New health insurance plans should include preventive services like mammograms and various screenings without assessing deductibles or co-payments.

Everything You Need to Know about Kidney Stones

kidney stonesWhat are kidney stones?

Kidney stones are composed of salts and minerals found in the urine. When these components stick together, they form small pebbles which are called kidney stones. The size of these stones may vary – they can be as small as sand grains or as large as cherry tomatoes. They can also either stay in your body or travel out through your urinary tract. And when the stones travel through the tract, it may either cause unbearable pain or none at all.

Causes of kidney stones

Kidney stones are usually formed when there is an imbalance among the minerals in your body – water, salt and other things found in urine. One of the most common reasons for having kidney stones is lack of water intake. Always make sure that you drink at least 8 to 9 glasses of water every day. This will make your urine light yellow or clear in color. Others acquire kidney stones because of an existing medical condition like gout. It may also be genetic. So if you have a family history of kidney stones, there’s a high risk that you may have them as well.

Symptoms of kidney stones

As mentioned above, having kidney stones may be painless while they are in the kidneys. However, they can also cause severe pain as they start to travel through the urinary tract. Consult your doctor immediately when you suspect that you have kidney stones to get proper treatment. Some signs to watch out for are pain in your side, belly or groin. Your urine will also look pink or red. You may feel nauseous or sick to your stomach.

Treatment for kidney stones

For most situations, doctors would recommend that you take extra care of yourself at home – like drinking more water, eating a healthy diet and getting enough rest. Your doctor may prescribe some medicine for the pain and advise you to keep hydrated. Doctors may also give you medicine to aid in the passing of the stone.

However, if the size of the kidney stones that you have is too large to pass through smoothly then you may need to get more intense treatment. Out of 10 kidney stones situations, 1 or 2 need more than home treatment. The most common treatment that doctors recommend is extracorporeal shock wave lithotripsy. The process will include shock waves to break down the kidney stones into tiny pieces.

Criminal Injuries Claim

criminal injuries claimCriminal injuries claim are filed by victims of violent crimes or those who suffered from an injury from the hands of a criminal. Making such claim is not a complicated process, especially if you have a good lawyer to help you out. Choose an attorney who will be able to clearly explain the legal technicalities of your case until you understand.

Eligible People to Claim for Criminal Injury Compensation

It is always a traumatic experience to be a victim of a crime, especially if it involves physical injury. Some victims who incur scars are forever reminded by the tragic situation that they experienced. If you suffered from physical injury because of violence that was used towards you, you should definitely file a claim of criminal injury. It should be very unfair on your end if you continue to suffer after the incident has took place for a long time.

The quality of life that you lead may be impacted by the actions of a criminal and you may suffer from both physical and mental injuries. It may also cause unbearable emotional stress and you have to seek justice for that.

If in any case you feel that you have been physically or psychologically violated by the actions of a criminal, then claiming compensation is certainly one of your legal rights. Although winning financial compensation will never make up for the pain and hurt that you’ve incurred, it can still help you improve the quality of your life.

Types of Criminal Injuries Claim

There are many types of criminal injuries claim that can be made. Here are some examples to help you.

The first one can be made directly to your criminal attacker. Usually, attorneys do not advice this type of claim because it can be difficult to enforce the judgment. Most of the criminal attackers are not financially capable to pay the claimant. Therefore, you will not receive the appropriate compensation for your injuries. In some cases, the judge will rule that if the criminal is put to jail he or she will no longer be liable to pay you anything.

Next example is a claim that you can file against your employer. You can do this if you have been the victim of a violent crime while performing your role at the workplace. The claim you make against your employer will depend upon the circumstances during the incident. If there wasn’t enough security at your workplace, then you may argue that your employer did not impose the necessary precautions to protect you as an employee.

Always remember that there is a designated organization that can help you when filing a criminal injury claim. Never hesitate to seek help whenever you need it because criminals should always be punished for their violent actions.

The Relationship between Oral Contraceptives and Brain Cancer

birth control pillWhen a woman reads something about oral contraception and the big ‘C’, she gets alarmed and maybe even frightened. Truth is, when it comes to these two things the news is fairly relieving. First of all, proper intake of the pill can protect you from the risk of ovarian and uterine cancer. However, recent researches show that it can increase your risk of developing breast cancer whilst other studies say it’s a hoax. Now, you are confused and you start to ask which is really which?

To further your anxiety, recent news has been showing that birth control pills are linked to brain cancer. This leaves you, and plenty other women, panicky! The British Journal of Clinical Pharmacology has conducted a study on the incidence of brain cancer called glioma among a group of young women in Denmark. They were eager to find out if the hormones in the pill had a direct effect on glioma and they poured through all the resources that they can find. They looked into the cases of all Danish women from ages 15 to 49 who were diagnosed with glioma and checked if they were taking birth control pills.

They made a record of which type of birth control pills the women were taking and for how long they were taking it. They also compared them to a group of women of the same age range who do not have glioma. The final results show that women who took the pill have 50 percent higher risk of incurring glioma as compared to those who do not. Moreover, the risk is even higher for those who are taking progestin-only pills for a minimum period of 5 years.

Progestin-only Pills Cause Glioma

The people who conducted the research do not guarantee that the progestin-only kind is the responsible factor in the link. To be clear, the study only showed correlation and not causation. What’s clear is that the risk is higher in women who are pill takers. Glioma is a very rare health condition, there are about 5 women who develop it out of a 100,000. In a nut shell, the study does not suggest that you get rid of your pill pack just because of its results. There is no direct relation between the pill’s hormones and glioma risk. Generally, the benefits of hormonal contraception still outweigh its risks. Consult your doctor for more information.

Tips to Fight Off Flu

fluFlu is a very annoying to have especially during the holidays. It makes you miss out on some of the most exciting activities of the year – Halloween, Thanksgiving and Christmas. So to avoid missing out on your favorite events, make sure to follow the steps below.

Get Flu Vaccine

This is the best way to protect yourself against the flu. If you don’t like getting shots, you can opt for the nasal spray. Most teenagers are keen on getting that kind of prevention treatment. Getting vaccinated strengthens your immune system and empowers your health. Plus, it helps people around you because it lowers down the risk of passing around the illness.

Always Wash Your Hands

Hand washing is a very important practice. It is a good defense against germs like flu viruses, especially when it takes around 2 weeks for the flu vaccine to take effect. Also, getting vaccinated does not make you foolproof because a new virus might come around before you know it. Regular hand washing will help you get rid of getting any germs and acquiring any illnesses such as the common cold.

Wash your hands before and after using the bathroom, after you cough or sneeze, before putting on make-up, before eating and preparing food. In short, get in the habit of washing your hands before doing anything to avoid incurring viruses and passing it around.

Keep Your Distance from Sick People

If you spot someone who has the flu, try to keep your distance from that person. Flu viruses travel through the air and they travel fast! Be vigilant as some people who have the flu don’t look sick. When in public, try to refrain from touching your eyes, nose and mouth because that’s where the virus can enter your body.

Do Not Cough Into Your Hands

Cough into your elbow if you don’t have a hanky or tissue around. In that way, you won’t be spreading the virus when you touch surfaces that some people may come in contact too.

Stay Home If You Have the Flu

Save other people from suffering from this virus and stay home if you have it. This is the best way to avoid passing on the germs to other people – confine yourself. After all, you can curl up in your bed and watch a favorite movie if you do. Plus, you’ll have enough time to rest to regain your strength and good health.

8 Steps to Living Healthy

healthy livingHealthy living is never out of reach. You can always start today and commit yourself to living a toxic-free lifestyle. Just remember that living healthy is a long-term commitment and not just the flavor-the-month. And just like everything else, it takes little steps to get to the big thing. But it’s nothing impossible that you can’t do – as long as you have the determination.

Here are simple steps that you can include in your checklist towards healthy living today and tomorrow.

Step 1: Take Stock

Make regular appointments with your doctor and dentist. Catch up on your health by getting routine screening and immunizations required. Ask your doctor about anything that concerns you so that he or she can give you professional advice.

Assess your activities. Gauge how much physical activity you do in a week. Ask yourself if you get enough variety and if the intensity is appropriate for your age. According to CDC, adults should get at least two and a half hours per week of moderate-intensity aerobic activity or 1 hour and 15 minutes of vigorous exercise.

Keep a food diary. If you can, write down every food that you eat every day. In that way, you can keep track of your calorie intake and all the nutrients you put in your body including the bad calories.

Step 2: Put Out Fires

Always get the proper treatment for whatever medical condition that you have – heart disease, diabetes, arthritis and other illnesses. Make it a priority as you’ll only get one chance to be healthy especially if you have bad habits like smoking, drinking and any other addictions. Partner with your doctor in dealing with these situations so that you’ll get the appropriate help that you need.

Step 3: Move More

Increase your physical activity because it’s good for your heart.

Make it Fun. It is highly suggested that you do physical activities with your friends like hiking, swimming or even a belly dance class.

Keep Track of It. As mentioned in step 1, take note of all the physical activities that you do. If you’d like, put on a big X mark on the days when you exercised because a visual record is a good motivation to keep things up.

Step 4: Upgrade Your Diet

A good way to start and keep a healthy diet is replacing the phrase ‘I should’ with ‘I choose’. For example, instead of saying ‘I should eat fruits and vegetables’ say ‘ I choose to eat fruits and vegetables’. Plan out your healthy diet by stocking your pantry with healthy food and snacks. In that way, you’re always prepared when you get hungry.

Chocolate is Good for Your Health

Dark ChocolateDo you want to know how you can improve your brain power and reduce the risk of developing cardiovascular diseases? Chocolate. Yes, you’ve read right. Chocolate is good for your health when taken moderately.

An article published last October 2012 supports this claim as the study where it was based concludes that consuming chocolate can improve a person’s cognitive function. However, it has been declared that no clear cause and effect has been established by the research.

Further studies also claimed that eating chocolates on a regular basis can reduce cardiovascular diseases and the risk of suffering from stroke. Another study shows that it can also lower down blood pressure and an efficient recovery drink after performing rigorous exercise.

However, keep in mind that it should be eaten in moderation. Too much chocolate, just like anything else is also bad for your health.

Health Benefits of Chocolate

Healthier heart. Eating one or two servings of dark chocolate each week can cut down the risk of heart failure. If consumed on a daily basis, it can reduce the risk of heart attack and stroke too. This is because chocolate contains flavonoids – antioxidant compounds that help the veins and arteries become more flexible. When coupled with regular exercise, chocolate is the best reward you can give to your health.

Weight loss. Adding dark chocolate to your daily diet plan can actually help you shed off some pounds. Dark colored chocolates are filling and it gives the feeling of satiety. It reduces your cravings for sweet, salty and fatty foods. A small amount should help you stick to your diet.

Prevent diabetes. Dark chocolate, when consumed moderately, can help control your insulin sensitivity.

Reduced stress. Just like what people always tell you, when the going gets tougher than expected dig into your chocolate stash! Anxious people who eat dark chocolate on a daily basis reduced the stress hormone levels and metabolic effects of stress. When going through tough times, eat chocolate instead of ice cream!

Sun protection. A research conducted in London showed that chocolate flavanol has sun-protecting properties. The higher flavanol level of a chocolate, the more efficient it is to protect you from incurring a sun burn.

Higher intelligence. Whenever you feel pressured at work, chomp down on a bar of dark chocolate from your vending machine. It will help reduce your stress and boost your brain power too. It is said that drinking cocoa or any chocolate drink that’s rich in flavanol can increase blood flow to key parts of your brain.