Choosing a Daycare | What to look for When Evaluating Daycares

How to Choose a Daycare

Choosing the right daycare can be an overwhelming process. There are endless things to consider, and everybody has different needs for their childcare. However, above all else, your child needs to be safe and secure at all times. Nobody wants to experience the stress and pain of their child being in a daycare accident, but unfortunately, they do happen. It’s best to prepare for the worst so you can avoid needing to file a lawsuit if your child is injured at daycare. With the right knowledge and mindset, you will be able to find the right daycare for you that minimizes the risk of daycare injuries.

 

 

Signs of a Good and Safe Daycare

Here are 3 major indicators of a safe daycare that you should keep in mind when choosing a daycare for your child. If the childcare center you are considering has all of these, then there is a solid chance that you can entrust them to take good care of your child and avoid any unwanted daycare accidents.

 

signs of a safe daycare facility; proper licensing; diligent childproofing; emergency preparation

  1. The Facility is Licensed

First and foremost, make sure the childcare facility is licensed and is willing to show you the paperwork before even considering it. You can easily look up daycare licensing online, you can go and follow the link to your state. Not only does sufficient licensing indicate legitimacy, but it also ensures that the facility follows all the baseline requirements of running a safe daycare, including:

  • Sanitation and cleanliness
  • Nutrition during meal times
  • Supervision and minimum staff-to-child ratio (varies by state)
  • Building safety (emergency exits, maintenance, etc.)

 

In addition, while in the process of choosing a daycare, you can look up any licensed daycare centers in your state online to check if they have any violations. This will let you directly compare childcare centers to aid you in your decision. By always doing your research on the daycare in question, you will be able to make a more informed decision that can ensure your child will be safe and happy in their new environment.

 

 

  1. The Facility Has Proper Childproofing

If you wish to place your child in safe care, childproofing should always be near the top of the checklist for choosing a daycare. Proper childproofing reduces the chances of accidents and injuries, and any daycare should have at least the following:

  • Covered outlets
  • Absence of choking hazards
  • Window guards
  • Sanitized toys and other equipment
  • Pools and exposure to bodies of water

 

While childproofing shows an emphasis on daycare safety, it also displays another important aspect in high-quality daycares: attention to detail. Conscientiousness is important for all caretakers, and it is a desirable quality in any good daycare facility. When the staff members pay attention to even the smallest details, they are much less likely to make mistakes out of negligence and inadvertently put your child in harm’s way.

 

 

  1. All Staff Members are Prepared for Emergency

Be sure to ask the daycare about their policies and procedures for any emergencies, whether it’s for tornadoes, fires, or medical emergencies. Confirm that all staff are CPR certified and can give first aid and some medical treatment at any given moment. The ability and training necessary to help when a child is hurt or in an emergency can be the difference between life and death in the worst cases, and you will want to make sure the staff is prepared for those instances. To find out what kind of training the staff has, bring it up in interviews. During tours, take note of first aid kits, AEDs, and any other medical equipment they have. You can also review your state’s medical requirements for licensing to confirm that they are up to standards.

 

 

3 Red Flags to Look Out For When Choosing a Daycare

Above were signs that daycare is safe and suitable for your child. Additionally, here are 3 red flags that you should be aware of in your daycare search. If the daycare in question fits any or all of these, then that should be cause for concern and you should consider looking elsewhere.

 

red flags of a daycare; understaffed; complaints; violations; conflict in values

  1. The Facility is Understaffed

Understaffed facilities presented multiple issues to parents who are choosing a daycare for their child. If a childcare center is understaffed, this may be a sign that turnover rates are high. This can be detrimental to the overall quality of the daycare since children need consistent and reliable caregivers that establish trusting relationships. Another concern about understaffed daycares is that there will simply be fewer eyes on the children, and it is more likely that a child may have an accident from neglect and lack of supervision. Here is a basic guideline for adequate staff-to-child ratios:

  • Less than 1 year: 1 adult to every 4 children
  • 1-2 years: 1 adult to every 6 children
  • 2-3 years: 1 adult to every 8 children
  • 3-5 years: 1 adult to every 10 children
  • More than 5 years: 1 adult to every 12 children

 

 

  1. There are Many Complaints or Violations on Record

Hearkening back to licensing, it is wise to verify that the childcare center has not accumulated many or any violations in recent history. By knowing their history, you can ask the daycare during interviews about what has happened in the past and how they addressed the problem. If the daycare facility learned from the complaint/violation and was receptive to the parents, that is a great sign that they have the children’s best interest in mind. On the contrary, if the daycare has had many of the same complaints through a long timespan, that may be a sign that the staff is not open-minded and receptive to feedback, which doesn’t bode well. If a daycare has several violations in the last 6 months, then that may also be a sign to take your sights somewhere else.

 

 

  1. The Daycare’s Values Conflict With Yours

In interviews and tours, asking the daycare about their philosophies and values towards nurturing children is incredibly important. Everybody’s situation is different, so if the daycare’s values align with yours, it can go a long way in ensuring open communication and support for your child. It also reinforces the values you want to teach your child and helps form strong relationships with the staff. A final aspect to pay attention to when choosing a daycare is how the staff handle misconduct and discipline towards the children. If staff members use harsh words or physical punishment and do not discipline in a way that encourages development, this could also be a sign that it is not the right fit for you.

 

 

Do I Need a Lawyer? | 9 Reasons to Hire an Attorney

Some minor legal disputes do not always require you to hire an attorney and it can be tricky to determine when you need the help of a legal representative. However, more often than not, it can be beneficial to have a legal professional in your corner. The civil lawsuit process can be time consuming and overwhelming to those without extensive legal knowledge. A legal representative can take the weight off your shoulders by helping you assess damages, gather evidence, and fight for financial compensation. If you have ever asked yourself “Do I need a lawyer?”, the chances are that you likely should contact an attorney at the very least. Here are nine reasons why you should hire an experienced professional.

 

 

1. When There Are Complicated Laws Involved

The legal system is designed for professionals and uses difficult legal jargon that can confuse people that do not have proper representation. Certain laws can be hard to pinpoint because they vary by states, cities, districts, etc.

Example:

Defective Products: Product liability law is also a complex subject that relies heavily on a well-rounded understanding of law. Someone who suffers an injury or financial loss as the result of a defective product, such as a dangerous drug, would in almost every instance need an attorney to help them navigate the laws and civil procedures surrounding product liability litigation. Your attorney will be able to help you determine what type of litigation to pursue or join – a single action personal injury lawsuit, mass tort lawsuit, or class action lawsuit – establish a liable party or parties, determine the best venue to file your complaint, and assist you throughout the entire civil litigation process.

 

 

2. When Losing Could Cost You More in the Long-Run

The amount of compensation awarded in lawsuits largely depends on the severity of the damages suffered by the plaintiff. The cost of hiring an attorney is relatively minor when compared to the expenses you may hay to pay if the court does not rule in your favor. If you suffer a personal injury and are worried about the cost of an attorney, you should seek a law firm that operates on a contingency fee basis. This means that you do not owe any form of payment until you have been awarded compensation.

Example:

Medical Malpractice:  If you suffer an injury due to medical malpractice, you will likely have to take legal action against the doctor or hospital that provided your medical services. In order to bring on a viable claim, you will face costs for necessities like accessing medical documents, getting expert testimony, receiving additional medical treatment, taking time off work and filing a lawsuit. Unless you successfully try the case on your own and win compensation that covers your initial losses as well as these costs, then these are sunk costs. By seeking assistance from a medical malpractice lawyer who offers contingency fee services, you know that you will not face any additional financial loss as a result of filing a lawsuit.

 

 

3. When There is Evidence Against You

Once you have established the grounds of your case, an attorney will help you gather evidence that supports your claim. This evidence can come in the form of photos, videos, witness statements, medicals records, etc. and will help you solidify your chances at obtaining a successful outcome. Conversely, your lawyer will be able to dispute any evidence that is presented against you. If you are not familiar with the legal system, you may not know whether another party’s evidence is permissible, contradictory or been illegally handled.

Example:

Slip and Fall Injury: Slip and fall injuries generally fall under the category of premises liability law. Premises liability laws can be extremely complex and differ by state, county, city, and even more localized municipalities, such as home owner’s associations. For this reason, premises liability law can be hard to understand. Some premises liability laws encourage consideration of shared-liability, liability in which both the at-fault premises owner and the injured party share some of the blame and therefore costs of the accident. If there is evidence to show that you share some fault for the accident, the premises owner’s attorney will use their understanding of the law to shift more of that shared liability onto you. An experienced slip and fall lawyer will work to make some of that evidence against you inadmissible, while also using the evidence they have gathered to shift the scales of liability back onto the premises owner.

 

 

4. When You Need to File Documents

Paperwork is a massive part of any civil lawsuit. With that being said, you will need to be punctual in submitting these files to ensure that you are meeting mandatory deadlines. Missing a required deadline or incorrectly filling out a form can severely hinder your lawsuit back or ruin it completely. Filing paperwork may seem like a mindless task, but it easy to make mistakes in the process. Thus, you should hire an attorney to guide down the right path.

Example:

Statute of Limitations: Statute of limitations (SOL) are state-based legal statutes that establish a timeline for how much time a plaintiff has to file a claim after an accident has occurred. These statutes differ not only by state, but also by type of accident or injury. If a plaintiff misses their statute of limitations, or misfiles a claim, they waive their right to legal action. Although SOL’s seem relatively straightforward, they are actually quite difficult to understand at times. It is best to seek assistance from an experienced attorney who can help you establish an SOL.

 

 

5. When You Need Access to Witness and Expert Resources

Experienced attorneys likely have a plethora of expert tools and people within the network of legal professionals at their service to help them determine the appropriate steps to take in a lawsuit. Non-attorneys do not have this same privilege and their lawsuits can suffer from the lack of accessibility to these resources. By hiring a lawyer, you are ensuring that you will not be fighting your legal battle alone and you are receiving as much help as possible.

Example:

Wrongful Death: In the unfortunate case that you are representing a lost loved one in a legal dispute, you will have very limited access to that person’s personal testimony or account of events. For this reason, you will have to rely heavily on witnesses and experts to testify on their behalf. Finding credible witnesses and reliable experts can be a difficult task. However, experienced wrongful death attorneys can be of great use. Attorneys can use legal methods to summon witnesses. They will also most likely have a pre-established network of reliable experts to assist you with the lawsuit. Unfortunately, expert testimony usually costs a lot of money. But, if your attorney operates on a contingency fee basis, this is a cost that you will not incumber unless the lawsuit is a success.

 

 

6. When You Have to Negotiate

Negotiation is a critical component of any form of lawsuit regarding compensation. You should hire a lawyer so that you can be assured that you are abiding by the best practices and using similar cases to yours as precedent. A large percentage of lawsuits are resolved through negotiated settlements. When you hire an attorney, you are giving yourself the best chance at receiving maximum compensation.

Example:

Auto Accident: If you are involved in a vehicle accident, it is always smart to at least consult with a car accident lawyer or truck accident lawyer about the incident. Oftentimes, people who suffer injury, property damage, or financial loss due to a vehicle accident are quick to accept the first settlement payment offered by the at-fault driver’s insurance provider. However, while these sums generally reflect all current costs associated with the accident, they fail to consider future costs that the injured party may face. An attorney can help you to assess the total damages that you incurred as a result of the accident.

 

 

7. When Another Party Has Legal Representation

When an opposing individual or organization has obtained legal help; it is likely that you should follow suit. As previously mentioned, the legal system is very detail-oriented and can be overwhelming without the help of an attorney. If the other party has legal representation, you should immediately contact a lawyer to discuss your options.  If you do not hire an attorney and attempt to represent yourself without professional legal help, you are putting your lawsuit at a major disadvantage. It is safe to assume that all private companies, institutions, and insured at-fault parties will have at least some access to legal representation, so any claims made against them without representation from your own attorney will be unsuccessful.

Example:

Chemical Exposure Lawsuit In a toxic tort lawsuit, the defendant is almost always a corporation, institution, or public/private group, and in almost every case, they will have a defense firm on retainer. These defense firms are highly funded, well-resourced, and staffed with teams of experienced attorneys. They are constantly prepared to take on any legal claims made against their client and they likely have previous experience with a claim similar to yours. Without your own legal representative, it is very unlikely that you will be adequately compensated for the losses you incurred as a result of the chemical exposure your endured.

 

 

8. When Bodily Injury Is Involved

Unfortunately, countless sever injuries occur every day. Personal injury lawsuits can be quite lucrative depending on the severity of the damages that someone has suffered. Billions of dollars are shelled out in settlements for personal injury lawsuits every year. You should hire a personal injury attorney to help you prove the liability of another party, assess your damages, and calculate a number for compensation.

Example:

Catastrophic Injury: If you or a loved one suffers a major catastrophic injury, you may need the assistance of both a personal injury lawyer and experts to help you assess the total current and future damages that could come with your injury. When you suffer a major injury, you oftentimes do not consider the full scope of costs associated with your injury. Common damages, such as loss of consortium, loss of future earnings, loss of enjoyment of life, loss of bodily function, and emotional distress, go unconsidered in the negotiating process between injured parties and insurance providers. With the help of an attorney and experts, someone suffering from a catastrophic injury can more accurately assess their damages so that they can make a demand for appropriate monetary compensation.

 

 

9. When a Contract Is Needed

Contracts and laws are similar in that they both are complicated and can be broken down with the help of legal professionals. Breaching a legally binding contract also be a violation of the law, which would require legal representation. Contracts can be extremely lengthy and non-attorneys tend to skip over or disregard certain parts when forming an agreement. A lawyer will be able to review the contract and determine the legality as well as provide you with expert legal advice.

Example:

Major Purchases: Individuals who are making major purchases or sales, such as the sale of a home or automobile, would need to draft a contract to outline the legally-binding terms of that sale. Even minor flaws in a contract can open up loopholes for future contract disputes and payment discrepancies. Some people choose to avoid the cost of an attorney by using online tools to draft their own contracts, but come to learn that their lack of understanding of the law made their contract a vulnerability to their sale or purchase. It is always best to consult with an attorney when drafting legally-binding contracts, agreements, or other documents.

 

 

 

How Much Does An Attorney Cost? Understanding Lawyer Fees

Attorney fees; Lawyer fees; cost of lawyer; How Much Does An Attorney Cost

 

Filing a lawsuit may seem like an unnecessary hassle, but it does not have to be. Before filing a lawsuit, it is important to do some background research and talk to experienced legal attorneys to find out the viability and profitability of your claim. It is not always easy to tell when you need an attorney, but certain scenarios can require legal action. The costs behind the respective services can fluctuate depending on the type of litigation, the experience of the lawyer, the requested method of payment, geographical location, the extent of the litigation, and other factors.

 

Average Cost of a Lawyer

Although there is no universal cost of a particular lawyer, the average cost can be determined through a number of factors and fees. In the U.S., the average cost of a lawyer on a national scale is approximately $200 per hour for their services. This figure is not applicable to all types of attorneys. For example, many plaintiff’s personal injury lawyers do not charge an hourly rate for services rendered. Instead, they charge an agreed-upon percentage of the client’s verdict or settlement amount. Generally, attorneys operating under these agreements receive 30% to 40% of the plaintiff’s award. These fees are often factored into verdicts and settlements so that the plaintiff retains the necessary monetary compensation to cover their damages and their attorney’s legal costs. Many other attorneys, such as corporate lawyers and defense lawyers, charge their clients using an hourly fee agreement. Through this method, the client is billed for the number of hours that the lawyer accumulates while working on the client’s case. Therefore, lawsuits that require less of their time will be cheaper than complex cases that take a long time to resolve. Hourly fee amounts can differ depending on the location and case specifics. While the average cost-per-hour is $200, hourly fees can range significantly. Some lawyers charge thousands of dollars per hour for their services, while others charge a more modest hourly wage. Additionally, flat-rate fees are another commonly used billing method by attorneys. This payment plan involves a defined amount of money upfront. Therefore, unlike hourly fees, the cost of a lawyer will not increase over time. Also, clients will not be charged for any extenuating circumstances like contacting their attorney.

 

Standard Attorney Fees

So, how much does a lawyer cost? Well, that depends on the type of legal fees the attorney enforces. Standard attorney fees can range from $250 to $600 per hour. The following common attorney fees make up the majority of the expenses associated with the hiring of a legal representative.

 

Consultation Fee

Consultation fees are defined as the costs of legal advice from a professional lawyer. The rate of consultation fees varies by the law firm. Typically, firms may charge around $50 to $100 for the initial hour of consultation. On the other hand, some may offer free legal consultations. The cost of consultation generally depends on the type of litigation the client is involved in.

 

Retainer Fee

Retainer fees are something that a lawyer may ask for in advance of working on your case. In essence, retainer fees can serve as a down payment on lawsuits. As your case progresses, your attorney will subtract the costs from the initial retainer fee that you paid. The cost of a retainer fee often depends on the type of lawsuit being filed, but the typical fee ranges from $700 for simple cases to $1200 for more intricate cases. In some cases such as corporate litigation retainers, the retainer fee can be thousands if not hundreds of thousands of dollars. Retainer fees orchestrate cooperative relationships between lawyers and plaintiffs because it is a tangible indicator of how much money is available to be spent on the case.

 

Contingency Fee

Contingency fees involve the attorney receiving a portion of the clients’ verdicts or settlements, as discussed above. The percentage awarded to the attorney can be determined in court and is often between 30 to 40 percent of the compensation. This gives plaintiffs the advantage of being able to file a lawsuit at no cost until they have been compensated. Again, attorney fees are frequently calculated into verdicts and settlements so that the plaintiff’s compensation reflects their total losses and costs, including attorney fees.

 

Statutory Fee

These types of fees are decided by previously existing statutes or laws. Statutory fees are determined through the court system. Whether or not a lawsuit requires statutory fees to be paid depends on the type of claim being filed. For instance, several civil rights violations and discrimination lawsuits include statutory fees that must be paid by plaintiffs. Statutory fees are established by law to protect citizens. They ensure that individuals or groups can take legal action in the court system to protect their civil rights without being limited by cost of legal representation.

 

Flat Rate Fee

Flat rate fees are price-marked costs of service for common legal actions. For example, a family law attorney might have a flat rate fee of $1,000 to handle a client’s divorce. A criminal lawyer may offer legal representation for clients facing DUI charges at a flat rate of $10,000. This flat rate fee is independent of the cost of litigation or the outcome of the client’s case.

 

Legal Aid Fees

Legal aid agencies may help you for free if they decide to take the case pro bono. However, if they insist on charging a fee, it should cost less than $100 per hour. When discussing fees, you should be direct with potential lawyers about how much you can afford to pay.

 

Pro Bono

Attorneys will sometimes take on work at no cost to the client. This is called pro bono. Some attorneys are required to provide a minimum number of hours of pro bono work each year. If a case is taken pro bono, the cost of the litigation will fall on the firm or attorney. Oftentimes, pro bono work is offered to clients who are financially limited and who would otherwise not be able to afford legal representation.

 

Factors That Affect Lawyer Rates

As stated earlier, there is not a standard fee amount that applies to all lawyers. Fees fluctuate depending on multiple circumstances. Rates are often negotiable, so it is best to discuss them with a potential lawyer before deciding who to hire. Here are some of the more common factors that influence the cost of lawyer rates.

 

The Lawyer or Law Firm Reputation

Veteran lawyers that work at a law firm with a history of success will understandably cost more to hire than attorneys who work under newly established or unproven law firms. The reputation and size of a law firm are important factors that should be considered when hiring a lawyer. A lawyer with a better reputation or a firm with more notoriety will often cost more, but with a higher expectation for success. However, this does not necessarily mean that cheaper attorneys are not as qualified. Younger attorneys and attorneys with smaller practices can be just as talented as big name attorneys and firms but at a much cheaper rate.

 

Type of Legal Work

Legal services rates depend heavily on the type of litigation and the fee agreement used in that area of practice. Personal injury representation, for example, generally operates on a contingency fee basis where the legal fees are an agreed upon percentage of the client’s award, generally 30 to 40 percent or the settlement or verdict amount. Different cases — such as wrongful death, car accidents, or premises liability — result in a multitude of different compensation amounts. The total amount of compensation translates to the total fee of the attorney. In other areas of practice, like family law, the attorney might offer flat rate fees for each type of service offered. In corporate law, businesses generally pay a retainer fee as well as hourly fees for legal work. There may be additional fees administered for cases that go to trial, arbitration, or add additional work. Complex cases will cost more money than lawsuits that are straightforward and require minimal legal work.

 

Experience

Attorneys that have more experience may be better-versed in the legal system and present you with an increased chance of winning compensation. Therefore, more experienced lawyers will cost more than those who are new to the industry. Experience is an important factor to consider, but lack of experience does not always translate to bad legal services. You should consider other factors, like client reviews, when considering an attorney.

 

Billing Method

Although most lawyers charge by the hour, it is not a standard industry-wide practice. In order to figure out the true amount of money you will be receiving through your lawsuit, you will need to determine how much you are paying your lawyer in advance and how much they will receive after the case has been resolved. You should discuss preferred billing methods with your potential attorney before hiring them. Depending on the type of litigation you are involved in, it may be acceptable to negotiate the terms of your attorney’s services.

 

Geographical Location

The cost of a lawyer may also vary depending on the lawyer’s location. Attorneys who more in more populated regions may charge more because they have a larger client pool. It may also be more expensive to litigate certain types of case in specific geographic locations. For example, if your attorney needs an expert to testify on your behalf and there is no one available in your area, you may end up spending more on acquiring an out-of-area expert to offer their professional opinion.

 

 

 

Gamunex-C Recall Announced | Lawsuit to Follow?

Gamunex-C Lawsuit; Gamunex-C Recall

 

A Gamunex-C recall has been announced, as the drug’s manufacturer voluntarily pulls the product from shelves. What does this mean for individuals taking Gamunex-C and are there potential lawsuits to follow?

 

What is Gamunex-C?

Gamunex-C (immune globulin) is a prescription medicated used in people with a certain type of weakened immune system, such as primary immunodeficiency (PI). The medication is made from human blood and is intended to increase the number of blood cells in people with idiopathic thrombocytopenic purpura (ITP). It is typically given by slow injection into a vein by a health care professional. In rare cases, some brands of this medicine may be given at home after you’re taught how to inject yourself correctly. If you or a loved one have suffered personal injury while taking this medication, you may qualify for a Gamunex-C lawsuit.

 

Gamunex-C Recall

Grifols Therapeutics LLC issued a voluntary lot withdrawal of Gamunex-C after an increase in reports of hypersensitivity/allergic-type reactions in August 2019. The FDA communicated this potential signal of a serious risk with a public posting in September 2019 and continues to review all hypersensitivity reports. Since the initial recall, there have been 8 additional voluntary withdrawals of Gamunex-C due to hypersensitivity reactions.

 

Injuries Linked to Gamunex-C

The following injuries have been linked to Gamunex-C:

 

Hypersensitivity

In August 2018, an increase in hypersensitivity adverse effect reports began to appear. Some of the effects would resolve spontaneously, but others required treatment with antihistamines or steroids. To date, a total of 271 reports of hypersensitivity – including 107 serious adverse effects – have been recorded, according to data presented by the FDA.

 

Anaphylactic/Anaphylactoid Reactions

Anaphylactic/anaphylactoid reactions are a known risk with this product. Anaphylaxis is a severe, potentially life-threatening allergic reaction. The reaction causes your immune system to release a flood of chemicals that can cause you to go into shock. Of the 25 pediatric hypersensitivity reports, there were three cases of anaphylaxis recorded in children.

 

What To Do if Taking Recalled Gamunex-C

First and foremost, do not self-inject Gamunex-C if you do not fully understand how to complete the procedure. How you take the medication, how often you receive it and the dosage all depend on the instruction of your doctor. Follow your healthcare provider’s instructions. Use disposable injection items only once and properly rid of them in suitable containers. Be sure to tell any doctor who treats you that you are using Gamunex-C.

 

Do I Qualify for a Gamunex-C Lawsuit?

If you or a loved one begin experiencing adverse effects of Gamunex-C, you may be eligible for financial compensation through filing a Gamunex-C lawsuit. The amount of compensation that you could be awarded varies depending on the specifics of your personal Gamunex-C lawsuit. A bad drug lawsuit is extremely complex and each one has its own individual characteristics. At this time, TorHoerman Law is exploring legal action and investigating injuries linked to Gamunex-C. If experiencing adverse effects due to the medication, you should seek immediate medical attention & mitigate injuries to the best of your ability. Call your doctor if you develop any of the following:

  • Dehydration symptoms – feeling very thirsty, heavy sweating, being unable to urinate.
  • Kidney problems – little to no urination, swelling, rapid weight gain, feeling short of breath.
  • Lung problems – chest pain, wheezing, blue-colored lips,
  • Signs of a new infection – fever with a severe headache, neck stiffness, eye pain, and increased sensitivity to light.
  • Signs of a blood clot – shortness of breath, chest pain with deep breathing, rapid heart rate, numbness or weakness on one side of the body, swelling and warmth or discoloration in an arm or leg.

 

Talk to your doctor if you are interested in discontinuing the use of the medication. Reach out to a professional personal injury attorney to discuss your legal options.

 

Gamunex-C Lawsuit

TorHoerman Law is currently investigating causes & injuries and exploring legal actions for Gamunex lawsuits. Contact an experienced bad drug lawyer at TorHoerman law today to see how we can serve you.

 

 

 

What is My State’s Statute of Limitations? | All 50 State SoL’s

What is My State's Statute of Limitations? ; each state’s statute of limitations; statute of limitations for all 50 states

 

The statute of limitations bars the amount of time that an individual or party has to take legal action after an incident has taken place, an injury has occurred, a diagnosis has been made, or an event has taken place. The statute of limitations is set by the state that you live in. These statutes differ for different types of accidents, injuries, events, and other legal actions. If you have suffered a personal injury, you may be asking, “what are my State’s statute of limitations?”. Use the guide below as a broad outline of statute of limitations state-by-state. This guideline is by no means a definitive outline of state statute of limitations by state, but rather a reference for potential limitations. Depending on the legal action you plan to take and the district that you plan to file your civil lawsuit in, these SOL’s may change. Consult with an experienced personal injury lawyer to discuss your situation and determine what your SOL timeline looks like.

 

What is my State’s Statute of Limitations? 

State Statute of Limitations for personal injuries:

Alabama Civil Statute of Limitations – 2 years

Alaska Civil Statute of Limitations – 2 years

Arizona Civil Statute of Limitations – 2 years

Arkansas Civil Statute of Limitations – 3 years

California Civil Statute of Limitations – 2 years

Colorado Civil Statute of Limitations – 2 years; 3 years for claims involving motor vehicles

Connecticut Civil Statute of Limitations – 2 years

Delaware Civil Statute of Limitations – 2 years

Florida Civil Statute of Limitations – 4 years

Georgia Civil Statute of Limitations – 2 years

Hawaii Civil Statute of Limitations – 2 years

Idaho Civil Statute of Limitations – 2 years

Illinois Civil Statute of Limitations – 2 years

Indiana Civil Statute of Limitations – 2 years

Iowa Civil Statute of Limitations – 2 years

Kansas Civil Statute of Limitations – 2 years

Kentucky Civil Statute of Limitations – 1 year; 2 years for claims involving motor vehicles

Louisiana Civil Statute of Limitations – 1 year

Maine Civil Statute of Limitations – 6 years

Maryland Civil Statute of Limitations – 3 years

Massachusetts Civil Statute of Limitations – 3 years

Michigan Civil Statute of Limitations – 3 years; 1 year for personal injury (PIP) claims

Minnesota Civil Statute of Limitations – 6 years

Mississippi Civil Statute of Limitations – 3 years

Missouri Civil Statute of Limitations – 5 years

Montana Civil Statute of Limitations – 3 years

Nebraska Civil Statute of Limitations – 4 years

Nevada Civil Statute of Limitations – 2 years

New Hampshire Civil Statute of Limitations – 3 years

New Jersey Civil Statute of Limitations – 2 years

New Mexico Civil Statute of Limitations – 3 years

New York Civil Statute of Limitations – 3 years

North Carolina Civil Statute of Limitations – 3 years

North Dakota Civil Statute of Limitations – 6 years

Ohio Civil Statute of Limitations – 2 years

Oklahoma Civil Statute of Limitations – 2 years

Oregon Civil Statute of Limitations – 2 years

Pennsylvania Civil Statute of Limitations – 2 years

Rhode Island Civil Statute of Limitations – 3 years

South Carolina Civil Statute of Limitations – 3 years

South Dakota Civil Statute of Limitations – 3 years

Tennessee Civil Statute of Limitations – 1 year

Texas Civil Statute of Limitations – 2 years

Utah Civil Statute of Limitations – 4 years

Vermont Civil Statute of Limitations – 3 years

Virginia Civil Statute of Limitations – 2 years

Washington Civil Statute of Limitations – 3 years

West Virginia Civil Statute of Limitations – 2 years

Wisconsin Civil Statute of Limitations – 3 years

Wyoming Civil Statute of Limitations – 4 years

 

I Do Not Know My Statute of Limitations

Unsure whether your case meets your State SOL? Contact us for a free, no obligation case consultation with an experienced personal injury attorney today.

 

 

 

CDC Releases 2020 Distracted Driving Facts and Statistics

CDC Releases 2020 Distracted Driving Facts and Statistics

 

2020 Distracted Driving Facts

Distracted driving is any activity that takes the driver’s attention away from driving. Distracted driving includes cell phone use and other activities such as eating, talking to other passengers, adjusting the radio or climate controls. There are three main types of distracted driving: taking your eyes off the road, taking your hands off the wheel, and taking your mind off driving.

 

Distracted Driving Fatalities

Every day about eight people in the United States are killed in crashes that are reported to involve a distracted driver. According to the 2020 CDC distracted driving report, more than 2,800 were killed in crashes involving a distracted driver. About 1 in 5 of people who have died in crashes involving a distracted driver in 2018 were not in vehicles.

 

Distracted Driving Accidents

A distraction-affected crash is any crash in which a driver was identified as distracted at the time of the crash. In 2018, there were an estimated 400,000 people injured in distracted driving accidents.

 

Who is at Risk?

Twenty-five percent of the distracted drivers involved in fatal crashes were young adults aged 20-29, according to the 2020 CDC distracted driving report. Furthermore, the distracted driving report states that drivers aged 15-19 were more likely to be distracted than drivers aged 20 and older, among drivers in crashes where someone died.     

 

New Strategies to End Distracted Driving

New strategies to combat distracted driving:

 

High Visibility Enforcement

Furthermore, certain states use high-visibility enforcement (HVE) to prevent cell-phone use while driving by increasing the perceived risk of getting a ticket. HVE combines increased enforcement, such as saturation patrols (increased number of officers patrolling a specific area), with paid and earned media.

 

Impacts

HVE can reduce cell phone use while driving. Pilot HVE programs in Syracuse, New York, and Hartford, Connecticut, used increased enforcement efforts with paid media, press events, and news releases over a one-year period. Syracuse saw a 32% decrease in hand-held cell phone use among drivers, while Hartford saw a 57% decrease.  

 

Graduated Driver Licensing

Graduated driver licensing is a system that helps new drivers gain experience under low-risk conditions by granting driving privileges in stages. CDC’s GDL Planning Guide can assist states in assessing, developing, and implementing actionable plans to strengthen their GDL systems.

 

Impacts

Limiting the number of young passengers can help reduce distracted driving among teen drivers. A national study of 15-17 year old drivers showed that fatal crashes were 21% lower when zero passengers were allowed and 7% lower when one passenger was allowed, compared with policies that allowed two or more passengers.

 

Ending Distracted Driving

What the government is doing to stop distracted driving:

 

What is the Federal Government Doing?

The following notes are some notable actions taken by the federal government to curb the trend of distracted driving.

  • In 2009, President Obama issued an Executive Order prohibiting federal employees from texting while driving government-owned vehicles.
  • In 2010, the Federal Motor Carrier Safety Administration banned commercial vehicle drivers from texting while driving.
  • NHTSA has several campaigns to raise awareness of the dangers of distracted driving, including their annual “U Drive. U Text. U Pay.” campaign, which began in 2014.
    • TorHoerman Law has started our own advocacy campaign regarding distracted driving. In accordance with our “End Distracted Driving” campaign, we’ve created the TorHoerman Law Scholarship Program where student contestants take part in an essay contest and are asked to discuss the dangers of distracted driving and what steps society can take to end this issue.

 

What are State Governments Doing?

Several states have passed legislative acts to help prevent distracted driving. The Insurance Institute for Highway Safety tracks cellphone use laws and young passenger restrictions by state. Some states have installed rumble strips on highways to alert drowsy, distracted, or inattentive drivers that are veering off the road.

 

What Can You Do?

What you can do:

 

Drivers

Do not multitask while driving. Put your phone in a safe place out of reach and eat your food before or after your trip. You should pull over if you feel any need to take your full concentration off the road.

 

Passengers

Speak up if you are a passenger in a car with a distracted driver. Ask the operator of the vehicle to focus on the roadway. Reduce distractions for the driver by assisting with navigation or other tasks.

 

Parents

Talk to your child about the rules and responsibilities that come along with driving. Remind them that driving requires their full attention and texts and phone calls can wait. It is important to know your state’s graduated driver licensing system and enforce those guidelines on your child. Set consequences for distracted driving. Additionally, set an example by keeping your eyes on the road and hands on the steering wheel at all times.

 

 

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