It is the highlight of many a soap opera: the disinherited evil relative screams about contesting the will and storming out of the library amidst the stunned consternation of all the other people in the room. But in real life, most wills (about 99%) go through probate court with hardly a flutter, and everyone goes home more or less satisfied.
Of course, there is still that 1% that will be contested, and there are usually quite good reasons for it. There had better be, as contesting a will is typically a complicated and expensive undertaking, and not to be decided on without due consideration.

There are several reasons for contesting a will. One is age. While most states have their own estate laws  in place, in general, a will has to be executed on behalf of an individual who is 18 years or older (some states make an exception for emancipated minors i.e. married).

Another reason is mental capacity. In most cases, state law only requires that the individual making the will is aware of what a will is, what assets can be distributed and to whom, and aware of normal obligations to family members. Unless the individual is obviously not of sound mind even to the average person, it can be pretty hard to contest a will under this reason. This is one of the main reasons why two adult witnesses are usually required, to attest to the behavior or the state of mind of the individual upon making the will.

A popular plot twist in many dramas is the famous “undue influence.”  It could be an evil stepmother, unscrupulous caregiver, or a favored psychic. As mentioned in an article on the website of Keystone Law Group, P.C. in Los Angeles, inheritance laws can be highly complex and proving undue influence can be difficult without the help of a shrewd lawyer experienced in these matters.

If you are unsatisfied with the conditions of a will that directly affects you, you should consult with an inheritance rights attorney without delay. Once a will passes through probate, it will be too late to do anything about it.

Most workers establish a sort of routine for their everyday tasks. It may be getting a mug of coffee to carry to the desk before starting up the computer, or arranging tools on the workbench before starting on a repair job. This type of repetitive behavior is beneficial because it makes work more efficient. But there are some routines that can be hazardous to the health.

Repetitive stress injuries in the workplace are also known as cumulative trauma disorders because they are chronic injuries that worsen over time. Many of these types of workplace injuries result in no apparent harm to the doer in the short term, but may have serious consequences when done over a long time.

A good example would be shifting boxes from shelf to the other. The boxes are not extremely heavy, but heavy enough to require some effort to lift and manipulate. If it occurs once in a while, this will usually not do much harm because the muscles have time to heal. But when it is done regularly, a more sustained musculoskeletal injury may result, usually to the back when lifting is not done properly. Many workers have claimed workers’ comp benefits for back injuries due to forceful exertions.

In fact, such seemingly harmless activities can progress in severity to a point where the worker can become permanently disabled. Taking the above example, back pain may be indicative of a herniated disc, nerve root compression, or fracture of the spine. When it is not properly treated, the causes of back pain can become progressively worse. Back injuries constitute the most common permanent partial disability claim with the Social Security Administration.

If you have become temporarily or permanently disabled because of repetitive stress injuries at work, you may be entitled to benefits from the SSA and workers’ compensation insurance. Consult with a disability benefits lawyer in the area to know your options.

Bits of apple, a case of sticky foot, piles of trash, and spotting your mother may not seem likely causes of road accidents, but they can be. Driving is a skill requiring focused attention, and distractions like these can easily lead to serious accidents if the vehicle in question is an 18-wheeler truck.

In fact, one such accident has already occurred. In 2011, a trucker was eating an apple while driving along the highway when a piece got stuck in his throat. The man started choking and blacked out, crashing his rig on the concrete barrier. The crash caused the blockage to dislodge as the man collided with the steering wheel chest-high, which saved his life. It was just lucky that the truck hit the barrier and not another vehicle.

Driver errors are the most common causes of truck accidents, but you don’t really expect an experienced driver to mistake the gas pedal for the brake at a crucial moment. However, when a person is over-fatigued, it results in impaired judgment and slow reflexes, and this can certainly cause pedal confusion.  This pedal confusion is often featured in television shows showing videos of weird accidents, and it is portrayed as funny, but there’s nothing funny about the amount of damage a big rig can cause in a similar situation. This is the reason why there are strict regulations regarding the hours of service for truck drivers.

Serious injury frequently results when truck accidents happen, and it is usually the driver of the smaller vehicle that gets the short end of the stick. Because of this, truck drivers carry a heavier duty of care than ordinary drivers when they go out on the road. If you have been seriously injured in an accident caused by the truck driver, you may be able to get compensation. Consult with a truck accident attorney in your area to get a better idea of the lay of the land.

Forgetting something inside a patient’s body may seem to be the height of carelessness, but it happens much more often than most people would believe. While the most commonly retained surgical item (RSI) is a sponge, there have been instances when CT scans revealed scalpels, scissors, and other rather large metal objects as the cause of pain and discomfort in a patient sometimes years after the operation. So it requires no real stretch of the imagination to discover that there are cases where the RSI left is part of a robot.

medical malpractice lawsuit was filed and won by a woman in Oregon against the doctor that used the da Vinci surgical system on her for a procedure that removed her right fallopian tube, ovary and appendix, and a malfunction caused a plastic item from the robot to be left behind. Three years later, a CT scan for an unrelated surgery revealed the presence of the foreign object, which turned out to be a laparoscopy sheath.

In that case, da Vinci surgical robot maker Intuitive Surgical was given a pass, but there have been numerous instances when Da Vinci robot errors were traced to defects in the system’s design or malfunction of the mechanical parts rather than to surgeon error.  A majority of plaintiffs against the medical device manufacturer alleged electrical burns caused by malfunctioning tip covers as the main cause of their injuries, in some cases eventually causing death.

The legal problems of Intuitive have been exacerbated further by a suit filed by its shareholders against the company’s board of directors for underreporting the complications caused by the robotic system. Share price for Intuitive dropped from $573 to $393 when the actual number of injuries and deaths attributed to the device hit the newsstands.

Patients who have developed complications from having the da Vinci surgical robot used on them or from RSI may be eligible to seek compensation. If you are one of them, get in touch with a product liability or medical malpractice lawyer in the area to assess your case.

Children are entitled to special protection under the law, and that includes family law. Child custody and visitation rights are directly affected by evidence of child abuse, neglect, or dependency in all states. In some divorce cases where child custody is bitterly contested, one parent may allege that the other parent is not fit, and may provide evidence to support it. It is the right of the accused parent to deny these allegations, but first it may be helpful to understand what these terms mean.

Child abuse is primarily the intentional infliction of physical or emotional harm to a child, or creating an environment that may reasonably lead to physical injury of the child. This includes hitting, yelling, name-calling, false imprisonment, sexual contact, exploitation, and prostitution. It may also include corruption of a minor by allowing or encouraging immoral acts or behavior.

Child neglect is failure of a parent to give the child appropriate supervision, discipline and care, including medical or remedial care as necessary as well as proper nutrition and education. It may also be defined as the failure to ensure the physical safety and mental health of the minor.

Child dependency may be considered the offspring of the marriage between child abuse and neglect. It is a situation in which the child is temporarily or permanently removed from a parent who may be incapable of providing the necessary care and supervision of a child. It may be due to illness, addiction, disability, or incarceration of the parent, or due to the special needs of the child.

A parent who is unable to mount a convincing defense against allegations of any of these will almost certainly lose rights to child custody and visitation. If you are in a situation like this, consult with a family law attorney in your area for help.

Elderly people often require as much care and attention as small children, but are much harder to control because they are often set in their ways and determined to have it. In nursing homes, however, a good portion of the residents are infirm, requiring assistance to move about, or bedfast. Some who are physically fit may be suffering from mental problems, which makes them equally unable to care for themselves. These are the people who are in most need of constant professional medical care, which is why they are placed in nursing homes. Unfortunately, they don’t always get it.

It is reported that abuse occurs in approximately one-third of nursing homes in the US, and one form of abuse is nursing home neglect. It may be due to staff shortage, incompetence, or just carelessness. Whatever the reason, the nursing home staff typically fails to keep residents clean, fed, and medicated on a regular basis. In some cases, injuries occur because there was no staff available to assist a resident to move about, or used incorrect techniques, and this can lead to broken bones, lacerations and bruises. Because most elderly residents are in frail physical condition, such incidents can further compromise their health.

These can all also occur for the bedfast, but an added complication is bed sores, also called pressure ulcers, which are caused by the failure to regularly shift the position of the resident. Usually, a bed sore develops when the bones continuously press on the soft tissue, restricting the blood flow. If left untreated, bed sores can lead to more serious health complications and a lot of pain, and eventually death.

If you suspect nursing home neglect of a friend or family member, you can report it to the proper authorities to start an investigation. In the meantime, you may also be able to get compensation for the medical expenses as well as pain and suffering of your elderly relative. Consult with a nursing home abuse lawyer in your area to find out more about nursing home neglect and to get started.

When you are minding your own business while out and about, you're probably not thinking of the ways a person can hold your race, ethnicity, or origin against you. Sadly, that's not enough to stop it from happening. Some people's hearts brim with hate and ignorance, a dangerous combination.

When confronted with uninvited bigotry, it's easy to blow up at the person who's going out of their way to hurt you. However, that is often not the best reaction, as it may reinforce the verbal assaulter's false beliefs. Remaining calm when a person is trying to get a reaction out of you can be rather disarming for them.

Try to explain to the offensive individual in the most non-confrontational terms possible that what he or she said was wrong. Try to explain why without being too preachy, as that can be off-putting. Sure, it may seem counter-intuitive to be concerned with how a rude and insulting person feels, but that is what separates you!The main thing to remember is to remain civil; don't to get violent.

With a lot of patience, it's possible to go from this:

 

 to this!

 

 

In December of 2013 the US Food and Drug Administration approved the use and distribution of Juvéderm Voluma XC, the very first injectable hyaluronic acid (HA, the skin’s natural substance) facial filler to gain an FDA-approval. This Juvéderm facial filler was created to restore the lift and firmness in the chin, cheekbone and cheek areas. Besides ensuring immediate results, Juvéderm also delivers long-lasting a result, clinically proven to last for 24 months.

The American Society for Aesthetic Plastic Surgery has identified hyaluronic acid (HA) as the second most requested on-surgical procedure in 2013. Next to Botulinum toxin type A or Botox, HA has become the second most effective treatment that can provide clients with a healthy, young facial appearance.

Experts, however, agree that the procedure, which involves transcutaneous injection of the filler gel Voluma XC, should be entrusted only to licensed plastic surgeons or dermatologists who have undergone proper training on cosmetic procedures and so possess extensive understanding on the use of dermal fillers and know facial anatomy; this is the very practice observed at the Des Moines medical spa services by Bergman Folkers Plastic Surgery, to ensure optimum client safety and the best results in all types of cosmetic procedures. Thus, due to expert handling, the usually month’s time for clients to clearly notice the youthful curves in treated areas, plus the longer effects, never fail.

Besides combating and reversing facial aging by lifting and adding volume to one’s cheeks, and lasting much longer than other HA treatments, Juvéderm Voluma XC has also been proven to ensure the following benefits:

  • Changes in the contours of the face
  • Fills in spaces much better, thus, it lasts longer
  • Provides more lift, popping up the skin more than other fillers (even with just the same volume of gel)
  • Has a very soft feel, thus, it does not cause discomfort after it settles into the skin
  • Can be less painful compared to other fillers and less likely to cause bruising since it is injected into the deeper layers of the skin where the nerves are fewer.

Though it may be true that a syringe of Voluma costs higher than other fillers it will still prove to be more cost-effective due to its much longer effects. And with just a little volume, it can take decades off from one’s cheeks, temples, jaw line, and chin; plus, it can also be used along with Restylane (or other) fillers to treat the nasolabial folds – the creases from the corners of the nose to the mouth.