Children and ATV-Related Accidents

by: John Bisnar

There is an ATV safety crisis in America today, and it poses a great threat to the health and well being of our nation’s children. All-terrain vehicles (ATVs) were first made available in the United States in the early 1970’s, and have become increasingly popular ever since. At first glance, ATVs may seem harmless; however the number of ATV-related injuries and deaths continues to rise with their popularity. Over 136,000 Americans suffer ATV-related injuries and deaths ever year and over one-third of the victims are children under 16 years of age. Despite the increasing epidemic, ATV manufacturers continue to market bigger, faster, and more dangerous ATVs for children.

ATVs have been available in the United States for approximately 40 years. They are three- or four- wheel motorized machines specifically designed for off-road travel. ATVs are intended for single occupant use and are characterized as an open chassis or frame, which travels on large, low-pressure tires, and uses handlebars for steering. Three-wheel machines have not been manufactured since 1988, however many still remain in use. ATV engines range from 49cc to 950cc and can travel at speeds well above 70 miles per hour.

By the mid-1980’s, ATV manufacturers were selling as many as 600,000 three- and four-wheel ATVs every year in the United States. As ATV sales continued to rise, dramatic increases in ATV accidents (http://www.bestattorney.com) followed. The Consumer Product Safety Commission (CPSC) responded to the safety crisis by negotiating a Consent Decree with ATV manufacturers in which they agreed, among other things, to five major elements (http://www.cpsc.gov/library/atv2005.pdf):

• ATV manufacturers agreed to halt production of three-wheel ATVs.
• ATV manufacturers would offer safety training to all new ATV owners.
• ATV manufacturers would recommend adult-sized ATVs only for those ages 16 and older.
• ATV manufacturers would label all ATVs with warnings, instructing purchasers that children should not ride adult-size ATVs.
• ATV manufacturers would recommend ATV engine sizes according to age: ATVs with an engine greater than 70cc should be used only by children 12 and older, and ATVs with an engine greater than 90cc should be used only by those 16 and older.

The Consent Decree only covered a ten-year period and expired on April 28, 1988. Following the expiration of the Consent Decree, ATV manufacturers agreed to continue most of its elements through voluntary action plans. These agreements embodied many important safety elements, however, unlike the Consent Decree; the voluntary safety plans are not enforceable by the CPSC.

In the late 1980’s the Consumer Product Safety Commission (CPSC) began to initiate a series of ATV-related injury and death studies intended for public release. The first report, titled “All-Terrain Vehicle Exposure, Injury, Death, and Risk Studies,” was released in April of 1988. Some major findings in the 1988 study included (http://www.cpsc.gov/LIBRARY/FOIA/FOIA98/os/3548A4B.pdf):

• Approximately 95 percent of children, between the ages of 12 and 15 years of age, injured in ATV-related accidents were operating adult-size ATVs.
• Approximately 65 percent of children, less than 11 years of age, injured in ATV-related accidents were operating adult-size ATVs.
• Children less than 16 years of age accounted for nearly 50 percent of all ATV-related injuries.

ATV injuries (http://www.accidentinjuryattorneyscalifornia.com/atv_accidents.html) and deaths have continued to increase since the CPSC’s first studies on ATV-related accidents in the 1980’s. According to the CPSC’s latest estimates, there have been reports of 7,188 deaths and an estimated 1,763,800 emergency-room-treated injuries that have occurred between 1983 and 2005. Over 38 percent of the victims have been, and will continue to be, children under 16 years of age. The following represents the most currently ATV-related deaths and injuries involving children, according to the CPSC (http://www.cpsc.gov/library/atv2005.pdf).

• More than 40,000 children are seriously injured each year in ATV-related accidents.
• Between 1983 and 2005, at least 2,178 children under the age of 16 died from ATV-related accidents.
• Between 1983 and 2005, over 630,000 children under the age of 16 went to a hospital emergency room for ATV-related injuries.
• Over 42 percent of the children that die in ATV-related deaths are under 12 years of age.
• It is estimated that over 36 percent of the children that are injured in non-fatal ATV-related accidents are less than 12 years of age.

Despite the increasing ATV-related injuries and deaths, ATVs continue to get bigger, faster and more dangerous than ever. ATV manufacturers aggressively advertise ATVs based on power and speed, weighing up to 800 pounds and traveling at speeds well above 70 miles per hour. Regardless of warning labels and size restrictions, 90 percent of children involved in ATV-related accidents in 2005 were operating large, powerful, adult-sized ATVs.

According to the Wall Street Journal, ATV manufacturers are now pushing for a new category of bigger and faster ATVs aimed at image-conscious 14- and 15-year-olds. ATV manufacturers call this new category “transitional” ATVs, claiming they would reduce fatalities by encouraging children to ride ATV models more appropriate to their age. However, many consumer advocates claim “beefing up youth options” would undercut safety messages and put younger riders on bigger, more powerful machines (http://online.wsj.com/public/article/SB117677627556672193-8Uwp189JnDUw1_56wvQpY9v2CEg_20070521.html?mod=editsend).

The occurrence of ATV-related injury and death to children has become so great that pediatricians, orthopedic surgeons, medical researchers, consumer advocates and other professionals have called for a ban on use of ATVs by children under the age of 16.

T.S. Park, M.D., the Shi Hue Huang Professor of Neurological Surgery at the School of Medicine and pediatric neurosurgeon-in-chief at St. Louis Children’s Hospital, contributed to a review published in the Journal of Neurosurgery claiming that ATV-related accidents are “leading to an increasing number of fatalities and devastating injuries with lifelong consequences for children and their parents.” In the review, Park and his colleagues strongly recommend new legislation to reduce the increasing rates of serious injury and death from ATV-related accidents. The following are guidelines that Park and his colleagues believe would greatly reduce the number of injuries and deaths to children in ATV-related accidents (http://www.consumeraffairs.com/news04/2006/09/atvs_children.html).

• Children younger than 16 years of age should be banned from riding ATVs.
• Mandatory helmet laws should be in order.
• Mandatory instruction and certification programs for all ATV owners and operators should be in order.
• ATVs should be prohibited for all public streets and highways.

Nearly 20 years after the ATV industry agreed to improve safety, ATV-related accidents continue to take an alarming toll on children. Every year hundreds of thousands of children are injured or killed in ATV-related accidents. Although increases of ATV-related injuries and deaths to children have consistently followed the increases in popularity, sales, size and power of ATVs, state legislatures have failed to enact proper legislation to ensure that safety follows as well. It is clear that ATVs pose a significant hazard to children and it is time for national safety standards to be implemented.

About The Author

John Bisnar is the founder of the Bisnar|Chase law firm, who's roots can be traced back to Bisnar & Associates, founded in 1978. He is the visionary of the firm and the creator of the firm's mission statement, "To provide superior client representation in a professional and ethical manner, while experiencing high job satisfaction, earning a high standard of living and having fun; and to make our world a safer place for us all." The firm's mission statement is it's guiding principal. It is the yard stick against which all actions and decisions are measured. Every Bisnar|Chase employee can recent the mission statement, tell you what it means and how the firm lives up to it.

Trouble Finding A California Medical Malpractice Lawyer?

by: John Bisnar

If you or a loved one has been misdiagnosed or have been a victim of medical malpractice in the State of California and would like to take the doctor or hospital to court, you my find it very difficult to get a lawyer to represent you. There’s a reason California personal injury lawyers (http://www.bestattorney.com) cringe at medical malpractice lawsuits – in this state, we have a $250,000 cap on medical malpractice awards and a cap on attorney’s fees. These two factors combine to make the pursuit of a medical malpractice not worth the costs and risks for wronged patients and their attorneys.

This cap on medical malpractice awards has been in existence for more than 30 years now in California. In 1975, the state enacted legislation capping malpractice awards and lowering attorneys’ fees (only for the patients’ attorneys) after doctors and insurers in California protested saying oversized awards and ever-increasing insurance rates were driving physicians out of the state.

What this law known as Medical Injury Compensation Reform Act (MICRA) essentially did was limit the amount of money for “pain and suffering” – which is the physical and emotional distress caused by an injury – to $250,000. There is no limit on what patients can collect for loss of future wages and other expenses. So if a non-wage earner dies because of medical malpractice the maximum jury award would be $250,000 no matter what.

But the big question that lingers all these years is: Has there really been a benefit to the public in terms of insurance premiums lower health care cost because of this cap? Victim advocates and experts who oppose the cap say: No. This law, they say, is increasingly preventing victims and their families from getting their day in court. This is especially true of the most vulnerable population such as low-income families, children and seniors. Opponents of the caps also argue that this limit on pain and suffering has never been raised or affected by inflation over the last three decades.

As for attorneys, it is not a cheap proposition. They bear the out of pocket costs of putting on these trials. Those costs easily exceed $75,000 and they have been skyrocketing over the years. Ad a discount fee structure and it makes no economic sense for attorneys to represent malpractice victims, they are much better off working for the medical providers and their insurance companies.

The malpractice caps are being reconsidered in many states because of the manner in which they have been hurting poorer patients. But California has never reconsidered these caps. A recent Los Angeles Times investigation (http://www.latimes.com/business/la-fi-malpractice29dec29,1,5087969,full.story) revealed that the cap is in fact preventing many California families from getting their day in court.

Here are some of the findings listed in the Times article:

• Court malpractice filings have fallen in eight out of the 10 most heavily populated counties. In Los Angeles county there was a 48 percent drop in filings since 2001 and a 29 percent drop in Orange County,

• At Kaiser Permanente, where arbitration is the way rather than court, claims have fallen by 20 percent since 2001.

• The number of payments to victims and their families across California had also dropped by 24 percent since 1991. The Times looked at a federal database of half a million claims to make that determination

• Insurance companies have made record profits in California compared to other states. The Times article states that California insurers have only paid 39 cents of every premium dollar since 1991 while the national average was 63 cents.

In spite of these facts, proponents of MICRA paint a dire picture of a world without caps or increased caps saying that it would lead to significantly higher healthcare costs and limit patients’ access to doctors.

But several studies done on the subject especially one by The Foundation for Taxpayer and Consumer Rights (http://www.consumerwatchdog.org/malpractice/rp/1008.pdf), say the malpractice caps have not helped doctors either. The study says that other state policymakers should learn from California’s experience.

The state with its cap tried to set tort limits and voters through the passage of Prop 103 in 1988 set the stage for insurance reform. The study concludes that while the stringent continued regulation of malpractice insurance rates lowered premiums for doctors, malpractice caps and other restrictions on the tort system failed to provide doctors the relief they sought. This study found that malpractice rates rose six-fold between 1975 and 1988, until Proposition 103 was passed, after which those rates have held steady.

One of the largest studies done on the topic was by Dartmouth College researchers, which is also cited in the Los Angeles Times article. This study concluded that malpractice payments have risen along with medical care costs, while doctors’ insurance premiums grew way quickly – by double-digit percentages annually for some specialties.

The caps, above all, violate victims’ constitutional rights to due process and equal protection by limiting what they can receive for their pain and suffering. How it is equal protection if you suffer a particular injury because of a doctor’s negligence as opposed to a traffic accident and the doctor is not held fully accountable, but the negligent driver is made to pay?

A recent decision in Cooke County, Illinois, where a judge struck down a two –year-old state law that capped compensation to victims, gives new hope. According to an article in the Chicago Tribune (http://www.chicagotribune.com/business/chi-wed_medcapnov14,0,6319134.story), Cooke County Circuit Court Judge Diane Larsen decided that caps on malpractice awards violated the Illinois Constitution’s “separation of powers” clause.

She ruled that the legislature cannot interfere with the right of judges and juries to determine fair damages. Her ruling reportedly falls in line with a 1997 Illinois Supreme Court decision, which overturned a 1995 law setting caps on personal injury lawsuits.

Many California personal injury attorneys (http://www.accidentinjuryattorneyscalifornia.com/medical_malpractice.html) are looking for the “right case” to appeal to our state’s highest court with similar arguments to overturn these caps that are neither equitable nor beneficial to doctors or patients. We hope this law changes soon so patients can actually get fair compensation for their injuries or at least the opportunity to have their day in court.

What is the Medical Injury Compensation Reform Act (MICRA)?

The law enacted in 1975 basically did the following:

• Placed a $250,000 cap on the amount of compensation paid to malpractice victims for their “non-economic” injuries

• Eliminated the “collateral source rule” that forces those found liable for malpractice to pay all the expenses incurred by the victim.

• Permitted those found liable for malpractice to pay the compensation they owe victims on an installment plan basis.

• Imposed a short "statute of limitations" on malpractice victims (generally one year).

• Established a lowered sliding scale for attorneys’ fees that discourages lawyers from accepting malpractice cases.

Source: How Insurance Reform Lowered Doctors’ Medical Malpractice Rates In California, The Foundation for Taxpayer and Consumer Rights

About The Author

John Bisnar is the founder of the Bisnar|Chase law firm, who's roots can be traced back to Bisnar & Associates, founded in 1978. He is the visionary of the firm and the creator of the firm's mission statement, "To provide superior client representation in a professional and ethical manner, while experiencing high job satisfaction, earning a high standard of living and having fun; and to make our world a safer place for us all." The firm's mission statement is it's guiding principal. It is the yard stick against which all actions and decisions are measured. Every Bisnar|Chase employee can recent the mission statement, tell you what it means and how the firm lives up to it.

Five Major Ways Of Attaining Legal Residence In The United States

by: Lovemore Ncube

There are several ways of attaining legal residence in the United States. In this lead article, I will discuss what I consider to be the five major routes to legal residence, namely, family based visas, study visas, work visas, asylum and refugee status and the diversity visa program. In the rest of this article, I will summarize each one of them.

It should be noted that within one of the categories you can have a further classification as to whether the visa is an immigrant or non-immigrant. A non-immigrant visa is one that allows an alien to be resident in the United States for a short period of time for a particular purpose. A study visa is a good example of a non-immigrant visa. On the other hand, an immigrant visa allows the recipient to be resident in the United States for the long term, for example the Diversity Visa Program.

1. Family-based immigrants

Spouse of US Citizen

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. You can file an immigrant Petition for Alien Relative; Form I-130 or Nonimmigrant visa for spouse (K-3); Form I-129. It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

Fiancé of US Citizen

A fiancé is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

You must file the Petition for Alien Fiancé, Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé will apply for a K-1 nonimmigrant visa for a fiancé.

2. Study Visas

Every year, hundreds of thousands of people come to study in the United States from all over the world. This provides diversity to the US classroom, and makes a US education so vital in broadening each student’s world view. The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for non-immigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for non-immigrants wishing to pursue nonacademic or vocational studies.

You first must apply to study at a USCIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should give you USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) or Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students), which you will need to apply for your student visa.

3. Work Visas

a.I-129 Non-immigrant Petition for Temporary Workers

Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file an I-129 petition. Form I-129 is mainly used for non-immigrant categories; thus, in most cases, workers who enter the United States under this petition must depart the U.S. when their maximum period of stay has been reached. Form I-129 may also be used to petition for an extension of stay or change of status for certain non-immigrants.

There are many categories of workers who are temporary visitors and who may be petitioned for on the I-129. The most common visa for temporary workers is the H-B, which is normally valid for 3 years and is renewable for a maximum of 6 years.

b.I-140, Immigrant Petition for Alien Worker

Form I-140 is used for an immigrant visa petition, meaning the petitioner intends to relocate to the United States for the long term. This is in contrast to Form I-129 which is used for temporary workers. However, the petitioner has to meet a very high standard of excellence in their field of endeavor.

U.S. employer may file this petition for an outstanding professor or researcher, with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding and is a member of the profession holding an advanced degree or is claiming exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest.

4. Refugees and Asylees

If you are currently in the United States and you have a risk of persecution for your political opinion or for belonging to a particular social group in your home country, you may be eligible to apply for asylum. If you currently outside the United States and face a similar danger of persecution you may be eligible to apply for protection by the United States as a refugee.

In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution. The US law that provides for the asylum benefit for persecuted aliens is 8 CFR PART 208. If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status.

5. Diversity Visa Program

Every year, thousands of people from all over the world are given an opportunity to become US residents, in a deliberate program to promote immigration. This program reinforces the fact that the United States is a nation of immigrants and that despites security challenges in the last few years, remains open to welcome visitors and residents from foreign lands.

The Diversity Visa Program is a congressionally mandated program that makes available 50,000 to 55,000 permanent resident visas annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. It is free to submit the application, anybody or organization that solicit a fee from you must disclose that they are charging you a fee for their services in assisting you file the application, and non of the fees charged will be forwarded to the Diversity Visa Program, because it is free.

For latest information, prospective applicants should check the Diversity Visa Program website at http://www.dvlottery.state.gov Information about the program for each particular year is normally available at the State Department website in the second half of the year, the next program will be the DV-2010 and information should be available in late 2008.

About The Author

Lovemore Ncube

I am an immigrant in the USA. I have done some research and would like to share some information on different options for attaining legal residence in the United States. Blog: http://legal-alien-usa.blogspot.com Website: http://www.legal-alien.com

The Federal MediCare Insurance Benefits

by: Manuel Salvacion

The Medicare program is one of the health insurance programs of the federal government for the elderly and disabled. It is administered by the Centers for Medicare and Medicaid Services (CMS).

The following will give you some important facts about the said program. Yet, it is still highly advisable to seek the aid of a medicare insurance attorney for proper assistance and representation.

Under the law, the program provides benefits for the following persons:

• Those who have reached age 65 and are entitled to receive social security or railroad retirement benefits

• Disabled individuals of any age who have received social security or railroad disability benefits for at least two years

Other people may be eligible and participate in the program. They include:

• Persons eligible for social security benefits who have end-stage renal disease and require kidney dialysis treatment

Medicare pays or reimburses qualifying health care providers for specific medical services. There are two separate programs:

1. Medicare Part A - Also known as the Hospital Insurance Program, it provides beneficiaries with coverage for mostly hospital-related claims, such as:

• Persons over age 65 who are not eligible for either social security or railroad retirement benefits who purchase monthly Medicare insurance coverage
• Inpatient hospital care
• Limited post-hospital skilled nursing facility
• Home health care
• Hospice care

2. Medicare Part B – Known as the Supplementary Medical Insurance Program, it focuses on medical costs other than hospitalization, such as:

• Physician and surgical services
• Diagnostic tests
• Home health care
• Physical, speech and occupational therapy
• Medical supplies
• Durable medical equipment
• Ambulance services
• Some preventive care services

Getting part B coverage is optional but each program requires different deductible and co-payment amounts.

The program also offers new plans for eligible members under the MedicarePlus Choice Program. Under this, any individual who is entitled to benefits under Part A and enrolled under Part B can choose from several types of health insurance plans. These include the following:

• Coordinated Care Plans such as health maintenance organizations (HMOs), preferred provider organizations (PPO), and provider-sponsored organizations (PSO)
• Private Fee-for-Service Plans
• Medical Savings Accounts (MSAs)

Aside from that, there are other plans available for people under the federal program.

1. Medigap Plans

The Medicare supplemental insurance ("Medigap") plans provide coverage for:

• Medicare deductible and co-payment amounts
• Some health services not covered by Medicare

2. Qualified Medicare Beneficiary program (QMB)

3. Selected Low-Income Medicare Beneficiaries program ("SLMB")

The two latter plans may also provide payment for Medicare deductibles and co-payments to qualified individuals.

Medicare Exclusions

However, there are certain services not covered by the Medicare program. These include the following:

• Custodial nursing home care
• Most outpatient prescription drugs
• Routine physical examinations
• Routine eye examinations and eyeglasses
• Hearing examinations and hearing aids
• Routine dental services
• Routine foot care and orthopedic shoes
• Most immunizations
• Personal convenience items
• Cosmetic surgery

The social security administration allows individuals to have legal representation when pursuing their claims and benefits. In fact, getting the services of a medicare insurance attorney with a deep sense of professionalism can improve your chances of obtaining the claims that you deserved.

Further information about your medicare insurance benefits may be found at our Social Security Law attorneys’ website at http://www.socialsecuritylawattorney.com/Medicare-Insurance.html . We also provide free case evaluation services for our clients.

About The Author

Manuel Salvacion

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

Things to Consider When Planning a Retirement in Acton City

by: Manuel Salvacion

How does it feel to live in a place like the old rural west, amid native California Junipers in a valley flanked by the rolling Sierra Pelona and San Gabriel mountains?

Dubbed as the “Beverly Hills” of the Antelope Valley, Acton City may be an ideal place for vacation or retirement life - close to nature yet only 25 to 30 minutes away from the San Fernando Valley and approximately 50 to 60 minutes to Los Angeles.

If you wish to retire and settle in a place such as Acton, it may do good to consider planning with your Social Security lawyer.

Having a retirement plan to work for you will depend on good preparation and your goals. To start early on your plan, you have to invest and save for the future.

Saving for retirement includes the following:

1. a comprehensive retirement calculation

2. enough social security contributions (40 points)

3. other contributions to potentially reach your financial goal within your desired time frame

4. contributions to tax-advantaged retirement accounts, such as your employer-sponsored retirement plan and an internal revenue allotment (IRA)

5. asset allocation aligned with retirement goal, risk tolerance, and time horizon

6. a review your retirement portfolio each year and a rebalance your asset allocation, if necessary

If you are nearing retirement, consider the following things:

• the payout options available to you (e.g., annuity or lump sum) with your employer-sponsored retirement account, and the pros and cons of each option

• your health insurance options, (i.e., Medicare and various Medigap supplemental plans or employer-sponsored health insurance), out-of-pocket medical expenses, and other related health care costs

• contact the Social Security office to make sure your benefit statement and relevant personal information are accurate

• decide whether to purchase a long-term care insurance or investigate which benefits are desirable

• adjustment of asset allocation to reflect your need to begin income from your portfolio soon

• an appropriate withdrawal rate of your assets to help ensure that your retirement money will last longer

• a strategy to reduce your tax burden once you begin taking your annual required minimum distribution (RMDs)

• appoint a health care proxy and durable power of attorney to take charge of your health and financial affairs if you are unable to do so

• a review of all your financial and legal documents with a Social Security lawyer to make sure beneficiaries are up-to-date

• developing an appropriate estate plan

One’s retirement plan is determined by his future needs. To identify possible needs, you must be able to pinpoint potential retirement expenses in relation to the sources of your income. Investing early for your retirement and knowing the value of your assets may help you prepare for a good retirement life.

To know how you can plan your retirement, you can visit the nearest social security office and ask them about the available options for you. Alternatively, you can visit the agency’s website to look at how you can avail of their retirement plans.

In other ways, consulting social security lawyers in Acton City can help you plan and enjoy the uninterrupted, peaceful life of retirement.


For immediate assistance regarding your retirement plans, visit our website at http://www.mesrianilaw.com/Acton-Lawyers.html and find out how you may reach our dependable and experienced Social Security lawyers in Acton City.

About The Author

Manuel Salvacion

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

Ways to Improve Settlement in a Pedestrian Accident Claim

by: Manuel Salvacion

Pedestrian accidents happen mainly for two reasons. First, the accident may be caused by the pedestrian himself, due to carelessness and lack of safety precaution; second, it can be attributed to motorist’s negligence of road safety, traffic violation, or as a result of a vehicle accident.

At any rate, statistics show that more than 100, 000 road accidents involving pedestrians occur every year in the country. Fifty percent of these accidents result in serious injuries or death. Children and elderly are the high-risk victims in most pedestrian accidents.

Some accidents involving motorists may be caused by the following factors:

• An inattentive or pre-occupied driver

• Over-speeding and not adhering to the limits set on that particular road

• Failure to stop at pedestrian crossings and in other pedestrian right of way areas

• A driver busy with another task while driving the vehicle, ex., using the phone, etc.

• A driver that is over the legal alcohol limit or has been taking drugs

Other factors, which could affect a driver or motorist, may also come into play in most road accidents:

• Weather conditions
• Road conditions
• Other motorists

A pedestrian accident can result in a range of injuries, from minor to serious ones. These are some of the common injuries that one may suffer in a pedestrian accident:

• Broken or fractured bones
• Permanent disability
• Temporary incapacitation
• Head injuries
• Brain injuries and damage
• Disfigurement
• Mental distress and damage
• Death

Injuries and harm sustained in pedestrian accidents can be recovered. Under the law, injured victims of these accidents are can sue for injuries and damages from negligent parties.

However, not all accident victims get what is due them. Sometimes, victims or their relatives abandon their claims, especially when a relative-victim dies under tragic circumstances.

Pursuing a claim in a pedestrian accident is a complicated task. It often involves other people, like police help in evidence gathering, or witnesses for their accounts. You may also need the professional services of doctors, experts and attorneys to support your claim.

Nevertheless, there are ways how to improve your settlement in such claim:

1. Hire an investigator who will gather and preserve evidence in the accident.

2. Get a comprehensive medical report of your injuries from the attending doctor.

3. Obtain all possible accounts of the incident from witnesses.

4. Ask for an official copy of the police incident report.

5. Hire a skilled and experienced pedestrian accident attorney.

It is important to seek legal assistance from an experienced legal counsel as soon as possible to be able to file the case within the statute of limitations. The attorney will need time to get witness statements and any other details that can help your case.

Therefore, the earlier you contact an attorney, the sooner that you can likely recover. Given adequate time, the plane accident attorney can put together a solid case in order to get you the compensation you deserve, and will gather all the relevant facts and information in order to increase your chances of filing a successful claim against the person at fault.

About The Author

Manuel Salvacion

For other inquiries on how to handle your accident claim successfully, visit our personal injury lawyer’s website at http://www.personalinjurylawyerinc.com/Pedestrian-Accidents.html and we will respond to your legal needs.

Ways to Improve Settlement in a Pedestrian Accident Claim

by: Manuel Salvacion

Pedestrian accidents happen mainly for two reasons. First, the accident may be caused by the pedestrian himself, due to carelessness and lack of safety precaution; second, it can be attributed to motorist’s negligence of road safety, traffic violation, or as a result of a vehicle accident.

At any rate, statistics show that more than 100, 000 road accidents involving pedestrians occur every year in the country. Fifty percent of these accidents result in serious injuries or death. Children and elderly are the high-risk victims in most pedestrian accidents.

Some accidents involving motorists may be caused by the following factors:

• An inattentive or pre-occupied driver

• Over-speeding and not adhering to the limits set on that particular road

• Failure to stop at pedestrian crossings and in other pedestrian right of way areas

• A driver busy with another task while driving the vehicle, ex., using the phone, etc.

• A driver that is over the legal alcohol limit or has been taking drugs

Other factors, which could affect a driver or motorist, may also come into play in most road accidents:

• Weather conditions
• Road conditions
• Other motorists

A pedestrian accident can result in a range of injuries, from minor to serious ones. These are some of the common injuries that one may suffer in a pedestrian accident:

• Broken or fractured bones
• Permanent disability
• Temporary incapacitation
• Head injuries
• Brain injuries and damage
• Disfigurement
• Mental distress and damage
• Death

Injuries and harm sustained in pedestrian accidents can be recovered. Under the law, injured victims of these accidents are can sue for injuries and damages from negligent parties.

However, not all accident victims get what is due them. Sometimes, victims or their relatives abandon their claims, especially when a relative-victim dies under tragic circumstances.

Pursuing a claim in a pedestrian accident is a complicated task. It often involves other people, like police help in evidence gathering, or witnesses for their accounts. You may also need the professional services of doctors, experts and attorneys to support your claim.

Nevertheless, there are ways how to improve your settlement in such claim:

1. Hire an investigator who will gather and preserve evidence in the accident.

2. Get a comprehensive medical report of your injuries from the attending doctor.

3. Obtain all possible accounts of the incident from witnesses.

4. Ask for an official copy of the police incident report.

5. Hire a skilled and experienced pedestrian accident attorney.

It is important to seek legal assistance from an experienced legal counsel as soon as possible to be able to file the case within the statute of limitations. The attorney will need time to get witness statements and any other details that can help your case.

Therefore, the earlier you contact an attorney, the sooner that you can likely recover. Given adequate time, the plane accident attorney can put together a solid case in order to get you the compensation you deserve, and will gather all the relevant facts and information in order to increase your chances of filing a successful claim against the person at fault.


For other inquiries on how to handle your pedestrian accident claim successfully, visit our personal injury lawyer’s website and we will respond to your legal needs.

About The Author

Manuel Salvacion

For other inquiries on how to handle your accident claim successfully, visit our personal injury lawyer’s website at http://www.personalinjurylawyerinc.com/Pedestrian-Accidents.html and we will respond to your legal needs.