The Towing Path

When I first started police work about 10 years ago, I would never of guessed in a million years I would see what I see daily. I’m not talking about the stuff that everyone associates with police work, like murder scenes, accidents, gangs, etc., those are a given. I’m talking about traffic stops specifically, and how you’re talked to as an officer on these stops at times.

Let me explain. Here’s a situation I was in one time where I was working a school zone area. We had received numerous complaints from the school that people were constantly speeding up and down the road. Of course, there were children in the area so it was somewhat serious. Let me also add, my general rule as an individual officer is (and every officer is different), is stopping for 15 MPH over, and issuing the ticket for 5 MPH over. I think that’s more then fair, and most people are happy to hear that. But there’s always that one guy or girl that wants to give you a hard time as a police officer.

I can remember stopping a guy that was going 19 over (54 MPH in a 35 MPH zone). The guy was very polite until I came back with the ticket for 5 over. That’s when all hell broke lose. He started yelling at me, and even tried getting out of his car (I pushed it back shut and told him to deal with it in court, not here). Literally, for about 4 minutes, I listened to him yelling at me telling me he was having a bad day and that he didn’t deserve a ticket because of that. He was yelling so loud that he was spitting as he was talking. If you were driving by, you might think he was having a seizure or something (this example is a little more extreme then most).

The whole time, I’m trying to be nice explaining that its only for 5 over; that other people were cited for the same amount; etc. But he didn’t care (one thing you learn after working the streets for awhile is no matter how much you talk, how convincing, how much proof, etc. you have, some people DO NOT want to hear what you’re saying).

Long story short, I finally got mad and told him to wait in his car. I went back to my cruiser for a moment and put the ticket back to the original amount of 19 MPH over (as the ticket was never actually issued since he refused to take it originally). When I returned, I listened for about 10 seconds, and tossed the ticket in his car since he wouldn’t take it, and walked away. There was no point in standing there as he had his mind made up.

The whole point to this is all I wanted to do was issue the ticket while at the same time giving him a break. But some people don’t want breaks. I can’t tell you how many people I’ve dealt with that are rude and disrespectful during a stop. I don’t mind people asking me why I stopped them, or even explaining why they did what they did; that’s all fine, but yelling at me isn’t going to help.

So I’ve put together some examples of things NOT to do to help yourself on a traffic stop:

1. Be respectful just as you would when talking to a friend or family member. You don’t have to kiss up, but you should try to be professional and polite when talking to the officer. Its important to remember that officers take in a lot everyday, and their patience starts to wear thin.

2. Don’t yell out immediately “Why did you stop me!” I can’t tell you many times this actually happens. I even get a lot of “Why the f**k did you stop me?” It still amazes me. Obviously this will not help you at all.

3. Showing off in front of your friends in the car is not good. For instance, ignoring the officer while he’s standing there, keeping your radio turned up loud, looking away, etc.

4. Blatant lying. Probably 7 out of every 10 people I stop tell me they didn’t do what I just saw them do. If you’re going to do this, at least be a little bit convincing. For example, I’ve had people tell me far fetched versions of coming to a complete stop at a stop sign for instance, when they went through it so fast I’ve had to look up to make sure the sign was still posted. I can tell you from personal experience, the people that are honest with me, apologize, and tell me the reason (i.e. I’m running late for work, I apologize) will usually get the breaks. My personal attitude is since its been my experience that since I feel that most are being dishonest with me, why not reward the ones that are honest.

5. Fake tears. If an experienced officer suspects that you are crying purposely to get out of a ticket, you will almost always get the ticket and no break.

6. Telling the officer things like “You don’t have anything better to do with your time?” and “You mean to tell me this is more important then catching a bank robber?” These statements are all too often used, and will not help you at all.

These are just a few things you can do to help yourself when getting pulled over. Just remember, these officers are just doing their jobs. The more resistance you give them in doing their jobs, the more resistance you’re likely to get yourself. If you’re convinced you did nothing wrong, don’t argue with the officer; handle it in court. Explaining your case to a judge or magistrate in a calm, professional and logical manner will go much farther then arguing or giving the officer a hard time in the street.

You can find more information at http://realpolice.net on legal questions, research, police reviews, police vidoes, news, and much more.

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In this article we’re going to do an overview of medical malpractice, what it is and what are the main causes of medical practice.

Medical malpractice, technically and legally defined as “a specific legal term related to lawsuits alleging various different circumstances leading to damage to a patient.” To put that into English, medical malpractice is anything where a patient receives poor care from a physician leading to the patient developing problems because of this care.

These malpractice suits, stemming from this improper care, include misdiagnosis, mistreatment and any type of negligence. Not all errors are considered malpractice because there is always a certain amount of risk involved in medicine, especially when dealing with a patient who has serious medical problems to begin with. That is why malpractice suits have to be settled in a court of law because it is not so cut and dried.

The most common diseases that are usually involved in malpractice suits are breast cancer, lung cancer, colorectal cancer, heart attack and appendicitis. The main cause of these malpractice suits is usually misdiagnosis either because the diagnosis was delayed for some reason, such as the equipment required wasn’t available or a wrong diagnosis was made. Delays in diagnostic testing too often lead to a patient’s death. The severity of these delays explains why the monetary awards, when given, are so large.

In winning a malpractice suit there are several factors involved. The first is that the claim itself must be made before the statute of limitations expires. If a patient or the patient’s family (assuming the patient has died) brings up the suit after too much time has passed then the case never even makes it to trial. So speed is probably the most important element in winning a malpractice suit. The actual statute of limitations varies depending on the type of lawsuit and where the lawsuit takes place. Each state and country has its own rules.

The next thing is that malpractice has to be proven. It must be proven that the error, if an error occurred, was not an error that could have been reasonably avoided. If something unforeseen happens that could not have been accounted for then the likelihood of proving malpractice is slim. For example, many surgeries and procedures have risks associated with them and therefore if something were to go wrong malpractice would be difficult to prove as long as the patient received what is called “accepted standard of care.”

The problem with many malpractice suits is that in too many cases the patient delayed seeing a doctor about a symptom. Usually they disregard it as just life’s everyday aches and pains. Finally the pain gets bad enough that the patient goes to see a doctor and by that time it is either too late to successfully treat the problem or the treatment itself needs to be more severe than it would have been had the patient seen the doctor right away. This of course leads to a greater risk that the treatment will not be successful. When it’s not, the patient or patient’s family then sues for malpractice.

Maybe if both sides were a little more diligent medical malpractice suits wouldn’t be so common.

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Michael Russell
Your Independent guide to Malpractice
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It seems like Lawyers are always in the news for some unethical behavior. But this should not be surprising as Male Lawyers are seven times more likely to cheat on their wives with another woman or Man than the average American. Since we have lawyers abusing the law so often yet pretend to be upholding it in some helpful way, we need more disclosure. We should demand phone records, financial records and all lawyers must be made to publish their books, so we can tell where the payoffs to judges went if any. Additionally we must register them and have GPS devices, which we can inject into their skin. This will help us in the future find them, when they try to hide, when society is so sick and tired of their BS, that we take Caesars advice and be done with it.

As a business man, we have regulations calling for massive disclosure about ever facet of our personal lives and businesses, yes, down to the toilet tissue counts for the annual audit, we must pay for this out of our profits. Everything the government does, every ridiculous, asinine rule that some agency comes up with, we must comply. Then we have to prove our audits are correct, we have to pay more accountants to review what we just paid to have checked?

Then we have to ask our attorney if every single business decision we make is lawful and there are so many areas of law and so many laws, that no lawyer can know all the information. But the attorneys hide all the information, government forms from us so we have to hire them, teams of lawyers and accountants. And if, we fail to make a profit or someone says we did something wrong the government launches an investigation on hear say and the lawyers go in for the kill. Lawyers in my opinion are the biggest group of self-serving scoundrels and cockroaches that have ever walked the earth. One business friend of mine calls them Sub-Humans. (freedom of speech).

I therefore propose that we have complete and full disclosure from every attorney firm and updates immediately of any changes in their firm, which are material. Failure to comply should be met with jail time mandatory. Until which time we start monitoring these lawyers they will continue to operate above the law and remain parasites of our civilizations greatest productive assets. Think on this, I am with Caesar, you should be too.

“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/

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There is a difference between common law marriage and cohabitation. In some cases if you are a cohabitant, you could be considered single and in some cases if you are common law married you are considered married as if you did it the traditional way.

The difference between cohabitation and common law marriage is critical. If you are a cohabitant, you may be legally considered single; if you are common law married, you are legally considered married to the same degree as if you had a ceremony. So, how do you know if you are married in the eyes of the law? Common law marriages are recognized in only certain states, including the District of Columbia, Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah.

In order to qualify for a common law marriage, you and your partner, in general, must agree either in writing or orally to enter into a husband/wife relationship, hold yourselves out as husband and wife and acquire a reputation as a married couple. The length of time you’ve cohabitated may play a role in the determination of common law marriage. Common law marriages typically are limited to heterosexual couples.
If you and your partner live in any of the states that recognize common law marriages and do not want the state to consider you as married, you may wish to consult with a lawyer and create a document that would establish your relationship as unmarried cohabitants.

Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com

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Thousands of people in the UK are employed in jobs which require the use of dangerous machinery. In 2004/5 57 plant, process and machine operatives were killed whilst carrying out work tasks compared to 2 people in administrative and secretarial occupations. Wood working machinery causes more injuries from work accidents than machinery in any other sector.

The risks to health are obvious, machines with movable working parts carry the risk of trapping workers, between rollers or cogs, entangling limbs, when there are rotating or moving parts or ejection, from grinding wheels or drills. Personal injuries can also be caused by straightforward contact with moving parts such as drill or sander which can cause abrasions or friction burns.

Workers are also at risk from non mechanical faults and hazards such as electrical risks, noise, vibration, dust and fumes. All of these can cause considerable work related injury from electrocution to dust related cancers.

By law all machinery should have safety guards so that moving or dangerous parts are kept away from reach. If dangerous parts are within reach then they should be properly covered to prevent access. If guards can be removed, for example to be cleaned, then proper supervision should be given in order that operatives do not remove the guard at any other time.

Guidelines to prevent a work accident In order to prevent an accident at work that could potentially endanger someone’s life there are some guidelines that should be followed when machinery is used.

The guidelines are as follows:

Everyone using a piece of machinery should be fully trained and checklists should be used to ensure that all important points are covered

The proper guards should be used and signs displayed to remind workers to use the guards. Guards should be in place before the machinery is started

The areas around the machinery must be kept clean and tidy and free from obstructions

There should be clear space around the machinery so that the risk of accidental interference from other workers is reduced

Lighting should be sufficient around the machinery. Flickering lights should be fixed as they can cause problems with moving parts

Appropriate clothing should be worn when using machinery

If a machine is broken it should be clearly signed to prevent workers from using it and possibly causing a work accident

Making a work accident claim If you have been in a work accident and sustained a personal injury then you may be entitled to claim personal injury compensation. All employers are responsible for providing a safe working environment. If they have failed in their duty of care and you have sustained an injury as a result then you are entitled to seek compensation.

For free legal advice regarding making a work accident claim or to learn more about machinery accidents visit www.the-claim-solicitors.co.uk, or call them on freephone 0800 197 32 32 for free legal advice.

www.the-claim-solicitors.co.uk have many years experience of handling personal injury claims and can help anyone suffering from a work related injury to get the compensation that they are entitled to.

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Be impudent today to check up if you have a great deal or if you don’t with the bank that offers you a bank loan.

Translated it means: Woon je in Scheemda of Leerdam en heb je BKR codering. Lenen met een BKR notering is nog nooit zo gemakkelijk geweest. Verwen jezelf met een andere caravan met geldleningen met bkr notering, 251843 euro is geen probleem om te financieren. Van Maasbree tot Tholen, geld lenen met en BKR codering gaat hier altijd.

4.5 percent rate of interest may seem so sightly but will that be immutable after you have to return your money loan. At this moment you can suss out rates quickly online and meet if there are possible traps you should know about. Inspect to see if the merchant bank who is tending to give you a money loan is solid. It doesn’t matter if you live in Midwest City Oklahoma or in Hurst Texas a safe online examination will salvage you often lots of inconvenience. This is the reason why now you really need to investigate and watch if you can have a loan at a estimable percent loan rate. A moneylender in East Providence Rhode Island or so may have a total totally different actual rate for a 12500 dollar bank loan then a bank in Hagerstown Maryland and that makes a huge clear gap in your monthly pay offs. of the banks wil show you a rate that looks equitable but doesn’t feel good or so after a period of time.

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NEW YORK, January 31, 2006 — Parker & Waichman, LLP (www.yourlawyer.com) announces that in addition to numerous inquiries from potential clients it has been retained in a case involving the use of Trasylol and is actively evaluating claims concerning Trasylol, a drug commonly used during heart surgery to reduce blood loss. Trasylol, known generically as Aprotinin, is manufactured by Bayer AG (NYSE:BAY) and is estimated to have generated $600 million in sales in 2005.

A study reported last week in the New England Journal of Medicine shows that Trasylol is linked to serious side effects. The study of 4,374 patients demonstrated that Trasylol at least doubles the risk of kidney failure and stroke, or encephalopathy, and raises the risk of heart failure or heart attack by 55 percent. Parker & Waichman, LLP represents victims of Trasylol and is actively evaluating claims on their behalf. For more information about Trasylol and the study published in the New England Journal of Medicine please visit http://www.yourlawyer.com/topics/overview/trasylol or http://www.trasylol-lawsuit.com.

Trasylol was initially approved by the FDA in 1993 and is indicated to reduce perioperative blood loss and the need for blood transfusion in patients undergoing cardiopulmonary bypass (CPB) in the course of coronary artery bypass graft surgery (CABG). While Trasylol is only approved for specific heart surgeries, it is commonly used for other surgeries including orthopedic procedures. Prior to the publication of the study reported in the New England Journal of Medicine, Bayer AG filed a request with the FDA seeking Trasylol approval for hip and spinal surgeries.

Trasylol, which is derived from the lungs of bovine, is significantly more dangerous than similar drugs used to reduce blood loss. The two generic drugs examined in the New England Journal of Medicine study, aminocaproic acid and tranexamic acid, were found to be significantly safer and just as effective as Trasylol. Furthermore, these generics are significantly less expensive than Trasylol; Trasylol costs more than $1,000 per patient versus $10 to $50 per patient for the generic drugs. The researchers estimated that using one of these generic drugs instead of Trasylol could prevent as many as 11,050 dialysis complications worldwide, and reduce drug costs by $250 million per year.

“This has all the signs of a drug that should not be on the market. It’s more dangerous than the alternatives, which are just as effective. It’s also more costly to patients and the healthcare system as a whole. There is no reason for this drug to be on the market today” said Jason Mark, an attorney with Parker & Waichman, LLP

Most surgical patients are unaware of the medications they are given during the course of a surgical procedure. Trasylol is used during surgery, and it is therefore unlikely that patients would be aware that this drug was administered. For this reason, Parker & Waichman, LLP is encouraging all patients who suffered kidney failure, heart attack, heart failure or stroke after any surgical procedure to request a free case evaluation at http://www.yourlawyer.com/topics/overview/trasylol

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Although most people believe that it is always necessary to get any agreement in writing, there are cases where a verbal agreement is legal and valid. However, since there are just as many instances where a written agreement is necessary or, at the very least helpful, it is a good idea to know which situations call for which types of agreements.

The general rule of thumb for deciding if a contract needs to be in writing is determined by the nature of the contract. For example, any agreement that is related to your business, large personal assets such as your home and contract work that will take over a year to complete should be written down in a contract and made binding. However, an agreement that involves a low amount of financial risk, is between family members or is not necessary as part of your daily business can be verbally contracted.

The disadvantage to any verbal agreement, however, is the fact that they can be hard to enforce. For example, if you loan your brother fifty dollars and he verbally agrees to pay you back in three weeks but three weeks come and go without repayment, it could be difficult to get your money back. Without a signed, written agreement, your brother could claim that the said he would repay you in four weeks, or worse, he could claim the money wasn’t a loan but rather a gift. In this type of situation, aside from stopping all communication with your brother, there are really no legal actions you could take. You could attempt to sue your brother, but the lawsuit could end up costing you more than your original fifty dollars, or you could win the lawsuit only to have the judgment dismissed because he cannot afford to pay you back.

Another drawback to a verbal agreement is that many times they do not encompass all of the details necessary to a contract. For example, you may make and agree to sell woodcarvings from your home part-time to a friend. Without a written agreement you may end up facing problems down the road. For instance, he may decide that the items are not selling and refuse to pay you for the items you have already made. On the other hand, you may agree verbally on a price and then find out after delivery that your friend expects to pay a lesser amount. In either case, having a written contract that spells out every conceivable option for the agreement will protect both party’s rights and interests.

Just as some agreements do not call for a written contract, some agreements must be written down to be legally binding and to fully protect you and you assets from harm. These types of agreements usually involve the sell of real estate or other expensive material possessions, the loaning of substantial amounts of money any agreement that outlines the delivery of services.

While individuals can generally write up most contracts it is usually best to hire an attorney to draft any contracts that are related to your business or that concern large money amounts or contracted services. Although you may wish to write the contract up yourself to avoid any legal fees, paying an attorney now could save you hundreds of dollars later. If another party draws up the contract it is best to hire an attorney to look the contract over before you sign it. When searching for a lawyer, it is recommended that you contact one that has experience in business contracts or that specializes in legal business issues.

© 2005 Lawyer Vista - a website where you can find a lawyer in your city or state, including California contract lawyers and Nevada contract lawyer. You may reprint this article as long as you don’t alter or edit it in any way and include the author’s credits and this copyright notice including a working link to us

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Q: Do I even need an attorney to represent me in my claim with the insurance company?

A: No you don’t. Some claims, and some injuries don’t even warrant an attorney’s involvment. But…many do. How will you know the true value of your injuries? How will you know whether the insurance adjuster who makes you a first offer is doing the right thing? How do you know whether the insurance adjuster is simply trying to save his company money by low-balling you and giving you a take-it-or-leave-it offer? How will you know what your options are if you choose not to accept the insurance company’s offer? What can you do to maximize the amount the insurance company offers you for your injuries? Do you need further medical care for your injuries in the future? Have you considered who will pay for future medical expenses for injuries caused in this particular accident?

What happens if you have a recurrence of your injury weeks, months or years from now? Will the insurance company re-open this case and agree to pay me more later? Why is the insurance adjuster so willing to settle my case now? Why did they just send me a check for my injuries? Should I cash it? What will happen if I cash this check? Can I go back to them for more if needed, or is this it?

The bottom line is that you may not need an attorney at all. If you have experience with insurance adjusters, and you know the true value and extent of your injuries, then you just might be better off negotiating directly with the adjuster. BUT, if you don’t…then I’d strongly recommend speaking with an injury attorney who has many years of experience dealing with these exact types of cases.

For example, if you needed eye surgery, you wouldn’t go see your family doctor for treatment. If you need brain surgery, you don’t rely on a skin doctor to treat your condition. Many attorneys have focused and limited their practice to just a few areas of the law. Lawyers in New York are not permitted to say they are “specialists” in any particular field of law. However, we are permitted to tell you how extensive our experience is in the areas of law that we do practice. We can also tell you how we have helped other similar clients, even though their experiences may not reflect what we can do for you. Again, beware of attorneys who claim they practice many different areas of law. It’s very difficult to be good at everything.

The best thing you can do when faced with an injury caused by someone’s carelessness is to become informed. Find out as much as possible about the attorney, the law firm, the facts of your case, your medical condition, the procedures you need to go through to process your claim, and what your legal options are. Only by becoming fully informed about your options will you be able to make an informed decision about which legal road you will take. Beware of the legal minefields when handling your own case. In case you need it, find an attorney who can guide you through those legal minefields and avoid the traps that experienced attorneys commonly see.

Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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