Responding to an Affair

Once you learn that your partner has been involved in affair, you may not be sure on how exactly you should react. It goes without saying that it is an extremely difficult time — for both partners.

If you recently went through an affair in your own relationship or are looking to give advice to a loved one dealing with an affair, check out these tips to begin your road to recovery.

Take Some Time to Heal.

Before beginning the hard emotional labor associated with recovery from the affair, take some time for yourself to heal emotionally. While marriage counseling is a great tool for those looking to recover from infidelity, you need to make sure that you are in the mental headspace to begin healing before reaching out to a counselor. This applies whether you are the one who had the affair or the one who was cheated on.

If you are the one who was betrayed, avoid speaking with your partner to learn more details about the affair. At this stage, you are emotionally very vulnerable and learning intimate details of the affair may prove to be extremely upsetting for you. If you are the one who initiated the affair, keep details of the affair away from your partner until you meet with a counselor. Though you may be attempt to heal your relationship by comforting your partner, give them their own space to heal so that you do not rush the recovery process.

Break Off Contact.

This tip applies to the person who cheated on the other. If you are truly dedicated to fixing your marriage, completely cut off contact with the person you cheated with. Keeping in contact with them, even just as friends, increases the chances of the affair happening again. Secondly, it will cause a lot of discomfort in your partner who may not trust you to not become entangled with the other person again.

Reach out to a Marriage Counselor.

Once you believe that you and your partner are both ready for therapy, reach out to a marriage counselor like Kathleen Snyder MFT. Experts agree that going to therapy as a couple — not as individuals — is one of the best things you can do for the future of your marriage. A marriage counselor will be able to help you regain trust in one another, and will help to squash any feelings of resentment or guilt that are likely still lingering after the aftermath of the affair.

Identify the Cause of the Affair.

More often than not, affairs do not just happen out of the blue. To keep an affair from happening in the future, it is best to figure out why the affair happened in the first place. A marriage counselor is the best person possible to help you figure out the reason behind the affair. Perhaps it was a lack of communication or a lack of excitement in the marriage. No matter what it was, it lead to betrayal — and working to fix the issue will make your marriage grow stronger.

Next Steps After an Accident

If you have been involved in an accident involving a collision between two vehicles, you may find yourself in a sad, confused state. Car accidents can be chaotic and cause damage to not just your vehicle, but also to yourself and others. If you are injured after an accident, it is no surprise that the next steps to take can be a tad confusing; whether a person is supposed to go the hospital or talk to a lawyer is not something discussed.

Unfortunately, most of the best practices to model after a car accident are only known to lawyers or people who have already gone through the process. When you have actually had to deal with a car accident you may not be in the space to carefully analyze your options. While I am not an expert in these matters, I have done some research on a few steps to take after an accident. The first step is to immediately call a lawyer. Besides this, there are other steps to take:

The Accident Site

First things first, if you are experiencing personal injuries of any type, you need to see a medical professional as soon as you can. If you are experiencing an extremely minor injury like a cut on your hand, you may be able to delay the treatment and medical visit for a few hours, but as I discuss in the next section, contemporaneous records showing you sought medical treatment may be a crucial piece of evidence in litigation stemming from car accident personal injuries.

With that being said, if you are able to, you should stay behind and take as many pictures of the crash site and accident area as possible. Almost everyone has a high-quality camera with them at all times in the form of a smartphone. Take pictures of the car, of the tread marks, and of everything else. There is no such thing as too many photos! Collect other evidence as you see fit.

Medical Care

Every respectable law firm in the world, including the guys at the well-established Hare Wynn, will tell you that if you are experiencing personal injuries resulting from an accident, then you need to seek medical care as soon as possible. Even for smaller injuries or if you cannot surmise what exactly feels “different,” but you can tell something is wrong.

It is important to establish contemporaneous evidence that you experienced medical injuries as a result of a car accident because this will provide proof that your personal injury claim is not fabricated or exaggerated.

In a similar vein, you need to be candid but concise with medical professionals. Make sure to disclose all of the feelings you are experiencing, but do not talk the ear off of the nurses and doctors. They may write something down incorrectly or if you are giving them too much information to record, the doctors or medical aides may simply forget to transcribe something. Additionally, and I do not mean this rudely, they do not really care about the details of the accident beyond how the collision could have injured you. Knowing the color of your crumpled car is not a piece of information that they need to know to fix a bone fracture.

Appreciating Truckers Doesn’t Mean Letting Them Off the Hook

I know a lot of truckers. Some of my best friends are truckers or they were at some point. I think it’s a great career for a certain kind of person. It’s a meaningful and important career. We couldn’t do much as a consumerist economy without truckers moving our supplies and products around. Many major companies would fail overnight if they didn’t have such a large team of truckers around to help them provide such great service at such low prices. I say all that upfront to establish that I am not the enemy of truckers or the trucking industry. I want the industry to thrive.

I have to say, though, that I was honestly shocked when I read the recent truck accident fatality numbers published by Glover Law Firm. According to the statistics they quote from the Federal Motor Carrier Safety Administration, the number of fatalities have been on the rise, 2014 excepted, since 2009. While they haven’t reached their highest number of all time (set in 2005), they’re trending that way.

And what are those numbers? In 2015, in just one year, there were 3,598 fatal truck accidents. Unfortunately, the death total is even higher than the accident total. That number is actually 4,067. More than 4,000 people died in one year from truck accidents. That’s simply unacceptable. The biggest states to suffer these deaths were the obvious ones: California, Texas, and Florida. In other words, big states with big populations have big truck accident problems.

The real story here, though, is that there are too many truck accidents, those accidents are increasing, and we aren’t doing enough (or maybe anything) to cut down on them.

What can we do? That’s the question I’ve been asking myself. Trucking is a tough business that is already heavily regulated. I know that from my friends who have been in the industry. Recent changes have made it harder for truckers and trucking companies to cheat the system and further endanger others on the road. However, even with those changes, we aren’t seeing the decrease in fatalities you’d hope to see.

So, what can we do? I honestly don’t know. We could increase regulations, which would dissuade more people from becoming truck drivers, would raise the costs of products across the country, and may also do little to actually reduce the rate any further.

On some level, perhaps there is little we can do, since we need to move products, and we need truckers to move them. Building up a better rail system is not very realistic at this point. There are large parts of the country that lack access to water routes. We need truckers trucking. Such large vehicles on the road for such long hours will inevitably lead to accidents and deaths.

I refuse to believe we just have to accept these numbers, though. So, what I’ve decided we need to do is to publicize truck accidents more, including the trucking companies that are responsible. Perhaps shaming those companies after an accident and during any lawsuits will make them regulate themselves better. I certainly hope so, because I really hope those numbers go down soon, for your sake and for mine.

What Happens if You Are Injured in a Motorcycle Accident?

Bikers are often seen as colossal safety hazards on the road, to themselves and others. Although being a biker comes with the added danger that nobody can deny, it’s important to realize exactly how often bikers are at fault and how often others are. Bikers are undeniably posing more of a danger to themselves and others by doing what they do, however, oftentimes other people aren’t entirely aware of how to behave around bikers on the road. This occurs even if motorcyclists are following all the laws of the road.

Bikers choose to live and drive the way they do for a plethora of reasons. In many ways riding a bike is liberating, both spiritually and financially. Gas is a little cheaper on a bike, and overall the experience can be chalked up to a way of life. Bikers are rarely looking to cause trouble on the roads or make others uncomfortable, and most of us are aware of the laws of the road and try our best to be courteous to everyone around us. Most bikers are aware of the stigma and increased threat they may pose. However, a lot of people don’t pay attention to the road and fail to notice bikers. Sometimes they get nervous and start driving a little sporadically, which is a significant threat to a motorcyclist. When accidents happen with bikers, it can be a catastrophic event for the person on the motorcycle, sometimes leading to severe injury and worse, death.

This motorcycle accidents page was my go-to when I was trying to learn about what bikers can do to protect themselves in the event of an accident. In a lot of cases, it’s difficult to tell what exactly happened on the road, so it’s essential to hire an attorney to protect you since the bike isn’t able to. An attorney can help protect you in the event of a motorcycle accident, especially if you have paid proper attention to the rules of the road and the accident was no fault of your own. Careful and courteous bikers shouldn’t be penalized for the negligence of others, and it’s important that someone stands up for them. Even in cases that involve insurance companies and claims, an attorney can be a big help in sorting out any paperwork involved. Insurance companies often try to weasel their way out of paying for damage caused by an accident, and an attorney can help keep them honest. The help of a professional who is on your side is always beneficial if you find yourself in a legal situation. For people who drive dangerously, it’s important to find a good legal representative in case there is an accident. An attorney could be the difference between an accident with compensation, and an accident in which you’re injured and fully liable.

Anonymous confession

I have a story that I think it’s time I finally told, but being a bit of a coward, I want to keep it all anonymous, so I’m not using my name and no real names will be used here.

This was twenty years ago or so, and I was twelve at the time. Even though I was young, I still somewhat blame myself. I know that’s ridiculous, but…well, it’ll make more sense by the end.

What happened was, I saw someone almost drown in a pool. It was my neighbor’s pool, and I was spying on it from my room. It was evening, and there was nothing to do. I wasn’t in the mood for TV or anything, so I just watched the pool and waited to see who would jump in or something. I think there was supposed to be a party, but no one was there yet.

Anyway, I saw one of my neighbor’s kids, who was maybe eight, place some water on the tiles next to the pool. Very foolishly, they had tiled the entire outdoor patio that led right to the pool’s edge. I suppose he thought this would be funny somehow, either it would annoy a parent or it would get someone to slip comically maybe. I don’t know. I didn’t ever talk to him about it.

Anyway, the father did come out, and he did slip, but it wasn’t funny. I don’t know if the boy even saw. He had gotten distracted and run off somewhere by then. I don’t know if he was off watching or anything. So the father slipped, hit his head, and fell in the pool.

I know now I should have done something, but I didn’t. I didn’t call out or do anything. All I did was turn away from the window and just turn on and stare at the TV. I tried to focus on what was on, but I couldn’t.

I didn’t do this because I was callous. I think I was in shock, and I didn’t know what to do. In the end, someone did come out and get him. I heard some shouting. They dragged him out, and I think he was okay.

I don’t actually know everything that happened after that because the whole family moved away shortly. I heard something about the father recovering. And I definitely heard about a lawsuit. It wasn’t wrongful death since he didn’t die, but it was something along those lines. I don’t know if they won or not, but I sort of hope not, since it was no one’s fault really.

Really, in fact, the only person to blame is me. I should have done more, and I didn’t. I’m glad he didn’t die, my neighbor, and I hope it somehow had a happy ending, but I’ve always hated myself for not reacting better in that moment. I wish I’d had the presence of mind to act. Now I fear, no matter the circumstance, I can never trust myself to react in the right way.

Restraining and Protective Orders

,In issues that involve domestic violence, survivors of the abuse have some civil and criminal protection and restraining order options available to them. These orders can deter further abuse, as they permit the victim to contact the police and have the abuser arrested if they break the order. Yet, there are abusers that will attempt to stalk or hurt the victim, despite orders that may be in place.

In numerous states, if the police encounter a domestic violence situation, one of the two parties is requested to leave the home. This person is often the abuser; however, the police can determine who the aggressor is. The police can give the victim an Emergency Protection Order (EPO) in an urgent situation. This EPO is a short-term protection order that is usually given by the police to the victim when his or her abuser is arrested for domestic violence. The EPO is limited, as it can last about three to seven days. This permit allows the victim some time to get the longer-term protection order.

All US states have statutes for a protection order. It may be called a protective order, orders of protection or a domestic violence restraining order. They all serve the same purpose — to protect the victim from the abuser. The long-term protection order can last one to five years, and in some extreme circumstances, for up to a lifetime. Additionally, the protection order can be renewed by the victim, if he or she still feels that there is a real threat from the abuser.

The protective orders have different provisions, including no contact provision, peaceful contact provision, stay away provision, move out provision and a firearms provision. Then there is the counseling provision that orders the abuser to attend counseling, such as batterer’s intervention or anger management classes.

These protection orders not only cover the victim. These orders can include children of the victim, other children, family members, roommates or anyone that may be living in the same household as the victim, such as a significant other. The same rules of no contact and staying away apply to the other listed individuals, even if they have not been physically harmed by the abuser.

As part of the protection order, some states include visitation and custody for children of both the victim and abuser. This is typically temporary and can be changed or modified by divorce or further family court orders.

However, if protection orders are violated, it can be treated in one of three ways – as a felony, misdemeanor or as a contempt of court. The felony charges are usually reserved for repeat or serious violations. In many states, it is the policy for police to arrest violators of these orders automatically.

No one should have to deal with domestic violence. If you or your children are in immediate danger, law enforcement needs to be contacted immediately. Furthermore, a family law attorney in your area, like Kessler & Solomiany, LLC, can file necessary paperwork on your behalf and can advocate for you in court.

Accidents in Harris County

According to figures released by the Houston Department of Health and Human Services (HDHHS), accidents accounted for 1,185 deaths in Harris County in 2002. While the statistics are approximately five years old at this point (it isn’t often that you find the most up-to-date stats from government entities) it is still important to note just how many people are injured in Houston each and every year.

What is worse is that so many of these accidents could have been avoided if an individual or party involved had behaved in a responsible manner, but so many of them are ultimately found to be caused by reckless or negligent actions of one or more parties. When you dig into the details of these accidents, you discover that a large number (nearly half) of these fatal accidents are vehicle collisions.

This, unfortunately, is unsurprising, given how many cars are on the road in Houston each and every day. The city has experienced explosive growth over the past decade (or more) and drivers in Houston find themselves in gridlocked traffic from Katy to Downtown, or from Downtown to the Woodlands, and every suburb and neighborhood in this city.

The 577 total deaths in “transport accidents” only tells part of the story. A full 520 of those fatalities occurred in car, truck, or motorcycle accidents, while 20 could be attributed to other land transport accidents (ATVs, bicycles, etc.), and the final 17 could be attributed to water, air, space, and unspecified accidents.

The majority (by a rather slim margin, comparatively) are non-transport accidents, which totaled 608 fatalities in 2002. Of those, 110 individuals died in a slip-and-fall accident, 40 from accidental drowning, 26 from exposure to fire, flames, or smoke, 254 to accidental poisoning, 4 to accidental discharge of firearms, and 174 to non-reported accidents that were not transport related.

Overall, these numbers tell a strong tale of how individuals in Houston are exposed to daily dangers that can potentially lead to fatal accidents. While some accidents are unavoidable, a large majority of them could be prevented if people had taken the proper safety precautions or had behaved in a responsible manner. When it comes to vehicle accidents, people have a responsibility to obey speed limits, drive while sober, and drive without distractions behind the wheel to help prevent unnecessary accidents. Property owners have a responsibility to maintain their homes or businesses in a manner that prevents unnecessary falls or slips, and if an area presents a danger to others, they must put up proper signage to warn people of the potential dangers.

Dangerous industries such as factories, refineries, and oil rigs should have proper training and safety procedures in place to prevent workplace accidents such as explosions and fires, which are often very deadly for workers who happen to be present.

All of these precautions can help people stay safe while working, traveling, and going about their daily lives in Houston. While Harris County is a busy area and is constantly growing, it’s citizens must remember to protect each other while living and working in this area.

A Felony DUI’s may Leave You with a Criminal Record, Hefty Fine, and a Lengthy Jail Sentence on Top of Civil Penalties

Drunk-driving or alcohol-impaired driving is the cause of at least 10,000 fatal car crashes in the U.S. every year. Records from the U.S. Department of Transportation’s Bureau of Transportation Statistics also show that each year, at least 1.4 million individuals are arrested for driving under the influence of alcohol, illegal drugs or both.

In all U.S. states, driving with a 0.08% (or higher) blood alcohol concentration (BAC) level is a crime. A first offense DUI is usually treated as a misdemeanor; it is considered a more serious offense if the alcohol-impaired driver injures or kills someone, or if his/her BAC level is higher than 0.08%.

Many federal and state authorities are determined and overzealous in catching violators of the anti-drunk driving law, thus, they are sharp and focused on observing any signs of drunk-driving, such as braking erratically, driving too slowly, swerving, stopping for no apparent reason or zig-zagging across the road. For the same end, they set up sobriety checkpoints to check on alcohol-impaired drivers, as well as measure their BAC level.

A felony DUI is punished with costly fines and at least one year jail time. In some states, a felony leads to other heavy sentences, such as:

  • Mandatory installation of an Ignition interlock device, a device that will prevent a vehicle from starting if it detects in the driver a BAC level that is higher than what is considered a safe level (about 0.02%);
  • Administrative license suspension (ALS), a law that gives law enforcers the authority to confiscate a driver’s license if the driver fails a chemical test. This can last for 90 days – 180 days, during which driving privileges may be limited to/from work;
  • Open container law. This law, which is administered by the Federal Highway Administration (FHWA) and the he National Highway Traffic Safety Administration (NHTSA), requires states to prohibit the possession of open alcohol beverage containers, as well as the consumption of an alcoholic beverage, in the passenger area of a motor vehicle on public highways.

A driver ought to understand that being charged with felony DUI is a very serious matter. It should make him/her think twice before sitting behind the wheel after consuming alcohol. Unlike misdemeanors, felony DUI’s are issued when an inebriated driver engages in reckless driving or traffic violations that cause the death or great bodily injury of another. Great bodily injury is legally defined as an injury that causes a substantial risk of death, serious or permanent disfigurement, or protracted loss or impairment of a body part or organ.

Felony DUI’s also have more serious and long-term penalties that can ruin one’s life. A conviction may leave you with a criminal record, hefty fine, and a lengthy jail sentence on top of civil penalties. The seriousness of such charges warrants the qualified counsel of a proficient felony DUI attorney.



Job injuries and the Workers’ Compensation Benefits

Data from the National Institute for Occupational Safety and Health (NIOSH) show that, in 2007, worker death tolls were 5,488 for job injuries, which are injuries occurring in relation to one’s job, or injuries that arise due to, and during, employment, and 49,000 for job-related injuries, or injuries which may be sustained even outside of the company’s premises (in connection to this, the U.S. Department of Labor considers as work-related any injury sustained by those working at home or working in a home office, so long as such injury or illness is directly related to the work they are being paid for); about 4 million workers were also reported to have suffered non-fatal work-related injuries. Most of these injuries involved workers in construction sites, where millions of workers are employed and regularly exposed to heavy equipment, sharp tools, toxic substances, and many other possible causes of bodily harm.

Although accidents resulting to injuries or death may occur in any type of working environment, these remain most common in construction sites due to the presence of many different dangerously sharp and heavy tools, hazardous substances, and machinery which, if not correctly operated or maintained, can cause terrible accidents.

Whatever type of accident occurs, this, as stated by a Brownsville accident lawyer, can cause victims face a variety of setbacks after their injury, including painful recovery periods, expensive treatments, lost time at work, and emotional distress. The most common causes of workplace injuries include:

  • Violent acts due to arguments and office politics;
  • Continuous repetitive motion, which can lead to carpal tunnel syndrome and back pains;
  • Getting entangled in machines in factories;
  • Driving as part of work;
  • Getting struck by an object (or by a vehicle – for those working in construction sites);
  • Getting hit by a falling object;
  • Falling from a ladder, the roof, stairs, or any elevated place;
  • Slipping and/or tripping, which happens to be the second most common cause of workplace injury; and,
  • Overexertion, due to carrying, pulling, pushing, holding or lifting heavy objects.

Regardless of the cause of injury or whose fault it may be, a worker is entitled to file for benefits with the Workers’ Compensation or Workers’ Comp. This insurance benefit was introduced during the early part of the 20th century to provide immediate and sure financial assistance to workers who sustain a job-related injury or who develop an occupational illness.

Availing of Workers’ Compensation benefits, though, requires an injured worker to relinquish his/her right to file a tort suit against his/her employer to further seek compensation. This is because Workers’ Comp was established as a trade-off: receive the benefits, but give up your right to sue your employer. However, an injured worker may rather decide not to avail of the benefits for the right to pursue legal action against his/her employer. This is the path taken by those who are confident that they can prove that the accident was intended by their employer, that the employer does not carry Workers’ Comp or, that the injury is too severe or may lead to death, so that the amount of benefits offered does not fully cover the damages caused by the injury.

While allowing workers to receive compensation for any accidental injury is truly a huge benefit, making sure that this benefit should really be accepted is equally important. Thus, seeking legal advice which may help clarify a victim’s rights and legal options may be a necessary move.

Abuse and Neglect Continuously Threaten the Well-being of Nursing Home Residents

The American Association for Justice says that about 90% of nursing home facilities do not have enough qualified nurses and trained personnel capable of providing residents with the quality care they need.

Nursing home facilities, also called Skilled Nursing Facilities, Nursing Centers, Convalescent Care or Long Term Care Facilities, are designed for those who require round the clock custodial and skilled nursing care; these include adults, usually those at least 65 years old, those physically or mentally incapacitated, and people who are ill and in need of rehabilitative therapy, such as those suffering from Alzheimer’s or dementia. Since these individuals are no longer capable of performing even the basic activities in daily living, trained facility staff members are tasked to provide them custodial care, which includes eating, bathing, toileting and getting dressed.

According to the Centers for Disease Control and Prevention (CDC), as of February of 2015, about 1.4 million residents are housed in 15,700 registered nursing homes facilities in different parts of the U.S. Despite the need to house their elder loved one in a nursing home and despite the thousands of nursing facilities in each state, though, many families are unsure about which facility they should choose due to the widespread cases of neglect and abuse that cause residents to suffer physical injuries, emotional trauma, humiliation, self-pity, hatred, despair, and so forth.

In a study conducted by a research team from the Special Investigations Division of the House Government Reform Committee, it is shown that from January 1999 to January 2001, about 9,000 instances of abuse in 5,283 nursing home facilities were committed. These abuses or lack of care included inadequate medical care, inadequate sanitation and hygiene, and acts that resulted to dehydration, untreated bedsores, preventable accidents, and malnutrition, among others. Besides physical abuse, though, residents were also subjected to other forms of unjust treatment, including financial abuse, emotional abuse, verbal abuse and, the most degrading of all, sexual abuse.

The Nursing Home Reform Act that was enacted by the U.S. Congress in 1987 mandates the provision of services and activities that are gird towards the attainment or maintenance of the highest possible physical, mental, and psychosocial well-being of the residents in accordance with a written plan of care. Despite this law, however, nursing home abuses and acts of neglect continue to be committed, mostly by facility employees themselves.

Abusive nursing home aides and/or nurses can be charged with a federal offense punishable with a long jail term; they and/or the nursing home facility that employed them can also be ordered by the court to pay compensation to the victim or the victim’s family due to the pain and other damages suffered by the victim. Any sign or even hint of abuse, a family of a nursing home patient should never hesitate consulting with a skilled attorney, who can help investigate and verify the matter.

« Older Entries