Some Worry About Ammo and Alimony

Posted by on Aug 19, 2019 in Family & Law | 0 comments

Someone who serves in the United States armed forces has to go through rigorous training before he or she is able to serve on the front lines. Military life is more than just running a nine-minute mile or going on a deployment. In addition, these men and woman have to have cultivated copious amounts of discipline. From boot camp to deployment, these dedicated members of the United States make many sacrifices for their country.

One unique challenge faced by people in the armed forces is marriage. Marriage can mean a bright future, filled with love and joy. Marriage can change the lifestyle of the person who is serving, as it is the basis for an onslaught of complicated paperwork. Unfortunately not every marriage has a happy ending.

Soldiers are not spared from divorce, and they often have to jump through additional hoops. Divorce proceedings for people in the military can be very different from a traditional civilian marriage. Certain policies complicate the matter, such as the division of property and benefits.

Sometimes, the couple will not be able to file for the divorce! These circumstances have special procedures that can complicate the matters even further. All of these issues are on top of things that occur in a normal divorce court, such as child custody and support, as well as visitation rights. Having all of this in mind, it’s not surprising that military divorces tend to seem so long and drawn-out.

Something that is guaranteed to make things easier is the help of legal counsel. A lawyer that is well-versed in military divorce can assure that everything is being handled properly. The Law Office of Andrew A. Bestafka, Esq. is a Monmouth-located firm that knows the ins and outs of a military divorce. In addition to Monmouth county, he also reaches out to Middlesex and Ocean counties to provide his knowledge and expertise to those who may need it.

Make sure that your lawyer knows not only military law but also the laws surrounding the state you’re in! Certain states are equitable division states, which means that they try to divide all of the shared property in an equal manner. The division of property between a member of the armed forces and their spouse can be affected by many things, such as the earning capacities of the spouses and the length of the marriage.

It is not uncommon for military couples to sign premarital agreements, in which case it becomes a necessity to have a competent lawyer. Division of benefits is also highly variable from state to state, even without the complications that being a military couple adds.

On top of this, a lawyer who has their roots in military divorce law can help with the custody agreement. Custody agreements are known for their tedious proceedings, and things only get more difficult when there’s a chance of the child being moved around a lot.

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The Solution to Anxiety-Inducing Depositions

Posted by on Mar 19, 2019 in Uncategorized | 0 comments

I’ve recently become more interested in the process of depositions. Whether you’re an employee working in high-stakes business litigation or simply a plaintiff in a car accident injury case, depositions are increasingly common. Thus, it’s becoming more and more important to know how to navigate depositions. Thankfully, it can be easy to offer deposition especially with the guidance of your lawyer. That being said, the process can still be intimidating: if you find yourself needing to give a deposition and you’re anything like me, you might be trying to find the nearest ticket out of town.

Why Depositions Can Be So Scary

Lots of people like to joke that Americans fear public speaking more than death itself, with the punchline that at a funeral, people would rather be in the casket than give the eulogy. While depositions are not usually open to the public, sometimes multiple lawyers, experts, or other people will be in the room as you answer questions about tough subjects.

Depositions are important because the information gathered during the process can be used during other parts of litigation. While your attorney will almost certainly prevent the presence of trick questions in the questioning, the questions from the lawyer who ordered the deposition can sometimes be anxiety-inducing because of their precision or detailed nature.

The good news is, not all hope is lost. By following the tips provided below, you can participate in a deposition in an honest, prepared, and confident manner.

Deposition 101

Hopefully, your lawyer or attorney has properly directed you on what questions are likely to be brought up during the deposition. It’s smart to look at medical and financial records because attention to detail is crucial. Obviously, the types of questions that will be asked are contextual to the issue being litigated. But using common sense in regards to the situation in which you find yourself, you can work with a friend or loved one to better understand the topics that are sure to be discussed.

Besides working on recollection or firming up the understanding of the things that you do know, it is important to be honest when the answer to a question is unknown. If the lawyer asks you a question to which you don’t know the proper or accurate response, do not approximate or guess! Depositions are considered an information-gathering activity during the litigation process: if the information is unknown, say so. And if you are unsure whether you understand the question as the lawyer is asking it, you can always ask for clarification or repetition.

Finally, as you move toward a deposition, you should know your options. If you feel like your lawyer is not adequately helping you plan for the deposition, it is possible to meet with other law firms to hear their second opinion. You can talk through the issue with other lawyers. If they think your current counsel is not offering sufficient guidance, law firms like Hach Rose can help you prepare for your deposition so you’ll feel more comfortable. You have the right to great representation and expert advice on how to navigate depositions and every other aspect of litigation!

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A Better Breast Reconstruction Option Is Available for Mastectomy Patients

Posted by on Sep 18, 2018 in plastic surgery | 0 comments

While cancer is incredibly traumatic, for many women, the hardest part about breast cancer is having to live long-term without their breasts. Mastectomy is becoming an increasingly common procedure since it so effectively removes the threat of breast cancer, but the results can be incredibly psychologically damaging even as health is restored.

Breasts are a very visible indicator of sex, and they hold a very significant place in how many women think of themselves. It is no small cosmetic issue, then, to lose your breasts. Many women would eagerly go for breast reconstruction surgery to rebuild their breasts and restore some sense of their womanhood, but they are dissuaded by the use of gels and silicone that seem unnatural.

Thankfully, there is now a better way. Autologous reconstruction surgery uses the fats and skin from the woman’s body to rebuild her breasts. By working with skin and fat from the abdomen, backside, and inner thigh, it is possible to rebuild natural looking breasts with natural materials that avoid many of the negative aspects associated with some reconstruction options.

This is becoming an increasingly popular choice everywhere. Popular surgeons like Bergman Folkers Plastic Surgery in Des Moines are now well practiced in the procedure. As it becomes more and more popular, hopefully, more women will come to hear about this option. It may go a long way to restoring their confidence and their sense of self after such serious treatment for their cancer.

That is not to say, though, that autologous reconstruction surgery is for everyone. Bergman Folkers warns that women who are particularly skinny or had particularly large breasts may struggle to meet the requirements for the surgery. It may also be problematic for women who hope to get pregnant. It can take some amount of recovery time and, unlike silicone implants, it is not a surgery that is easily performed over and over again.

Despite these limitations, this is a major breakthrough for women who want to feel natural in their bodies, particularly after going through what can feel like a very unnatural process. With luck, more women will be able to get this surgery in the near future. It could go a long way to bringing them back to a sense of self they need. Not only will this help their self-confidence, it can also help avoid more serious issues like depression and other emotional difficulties that come with surviving such a traumatic illness.

While plastic surgery continues to be considered a cosmetic tool in America, increasingly it is clear that it can be used for serious mental health issues as well. With the advent and recent popularity of autologous reconstruction surgery across the country, it may be time for America to reconsider what reconstruction can do, how it can do it, and how it can help those who need it.

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Questions about workplace injury

Posted by on Oct 12, 2017 in Workplace | 0 comments

I’ve got a legal dilemma, but I don’t want to go to a lawyer and pay to ask, so I’m going to try and just post it here and see if I can’t get a bit of free advise from you all.

I work for a company based in California (no names here, because I don’t want anyone to see this and get me in trouble). I’m biased here, but I do go on business trips regularly to other branches. My work is mostly in consulting with those branches to see how they can better align with the expectations and goals of the headquarters in California. Simple and straightforward, right?

Well, my position is a little nebulous as a consultant. It isn’t clear whether I’m in charge or the branch boss is, which can lead to a butting of heads at times.

I was in Iowa recently, in Des Moines, and one of those branch heads decided to pull rank and try to humiliate me after I’d laid into him—ill-advisedly, I admit—in front of a couple of his colleagues about some major slip-ups that were occurring on his watch.

To humiliate me, he demanded I do several menial tasks. Since part of my job is to “assist the branch in any way within your capabilities” (he quoted this to me more than once), I had little choice in the short-term to comply.

One of those tasks, however, resulted in my straining a muscle pretty severely. I reported this at the time, but I’m not sure the branch head recorded it. I did call back to headquarters and mention it as well.

The problem is this. I’ve flown back to California and seen my doctor, and he believes I have a muscle tear and should take time off. He also said, because the tear is severe enough, I may need to go on disability for a while.

The thing is, I don’t want to go on disability, and I certainly don’t want to raise headquarter’s insurance rates because I did so.

Now, something I should point out here, though these are all businesses conglomerated under one title, the branches are actually semi-independent. I have more information on this if anyone posts back and needs it. Each branch has its own insurance, for instance. What I want to do is demand Iowa’s branch pay for my disability, so they have to suffer the rate rise later.

I’m just not sure if I can do it. Technically, I’m an employee from California’s headquarters, but the accident did happen in Iowa. But then again, I saw a doctor in California. It’s quite a tricky business.

There’s a lawyer in Iowa I’ve considered calling, but again, if I can get the advice for free here, I’d much rather do that.

So, if anyone knows anything about this side of the insurance world, once again, get hold of me however you’d like, and we can discuss the issue in greater detail.

I really appreciate anyone who might be reading this and willing to get back to me.

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Possible Effects of Sleep Apnea if Untreated

Posted by on Jul 12, 2017 in Sleep Apnea | 0 comments

Sleep apnea, as defined by the National Institutes of Health, is a common disorder in which a person has one or more pauses in breathing or shallow breaths while asleep. Though sleep apnea can cause a person to snore loudly, it is totally different from snoring. Snoring occurs when the airway becomes partially blocked. Sleep apnea, on the other hand, is when a person stops breathing (for several seconds to minutes). These pauses in breathing can occur 30 times or more an hour during a sleep cycle. The dangerous effect of this sleep-disrupting chronic condition is that it can completely block the flow of oxygen. However, since a blood test cannot diagnose the condition and the person who has it is not aware that he or she has it since it only occurs during sleep, sleep apnea is, therefore, often undiagnosed.

Obstructive sleep apnea is the most common type of this sleeping disorder. This causes breathing pauses or shallow breathing and loud snoring. Though obstructive sleep apnea can affect anyone, this is more common in people who are overweight.

Another type of sleep apnea is central sleep apnea. This type is less common and, typically, does not cause snoring. In central sleep apnea, the area of the brain that controls breathing does not send the correct signals to the breathing muscles, resulting to brief periods of pauses in breathing. This type of sleep apnea is more common in people with certain medical conditions or use certain medicines.

If untreated, sleep apnea can result in a growing number of health problems including: high blood pressure, stroke, heart failing, irregular heartbeats, heart attacks, diabetes, depression, worsening of ADHD, and headaches. In addition, untreated sleep apnea may be responsible for poor performance in everyday activities, such as work and school, motor vehicle crashes, and academic underachievement in children and adolescents.

One form of sleep apnea treatment, which many patients choose, is through the use of oral breathing devices, such as nasal dilators, which a person should wear at night.


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The Most Common Defects on the Road

Posted by on Mar 22, 2017 in Common Road Defects | 0 comments

The Most Common Defects on the Road

Many traffic accidents occur because of the drivers’ fault, but there are some accidents where third parties become the triggers. Road defects are one of those third parties. What makes road defects so effective in causing accidents is the fact that they are almost always unexpected, and it will be too late for the involved driver to react.

If the driver can react on time, he may be lucky enough to avoid accidents. But if he cannot, he may be injured or even killed, which, of course, go with financial burdens such as medical costs, lost wages because of lost time at work, and funeral expenses. According to the website of this Fort Worth accident lawyer, those who have been hurt in defective road accidents may get compensation from responsible parties.

But sometimes, there is no monetary value for the pain and suffering these drivers have sustained. They should know the most common road defects as a safety measure.

Damaged or missing barriers

Barriers on the road and on the side of the road are there to properly divide the opposite lanes and prevent those who will veer off the road to crash down embankments. Inadequate barriers or the absence of them may result into head-on collisions, off-road crashes, and rollovers.

Damaged roads

Damage on the road itself, such as cracks and potholes, can be particularly dangerous for vehicles traveling at high speeds, because going through the defects may make them lose control and crash and going around them may make them collide with vehicles on the other lanes.

Defective traffic lights and stop signs

Traffic lights that do not work properly and stop signs that are not easily seen can cause right-of-way accidents, particularly T-bone collisions.

Poor landscaping

Large tree branches, overgrown bushes, dangerously abrupt turns, and unnecessary obstructions such as rocks, are just some of the landscaping issues that may cause visibility and reaction time problems.

Poor lighting

Another visibility issue is poor lighting. Sometimes, the vehicle’s lights are not entirely reliable, so complementing them with street lights is a good idea. The absence of street lights may cause vehicles to crash on unexpected obstructions, including crossing pedestrians.

Water, ice, and snow on pavement

Slippery substances such as rainwater, ice, and snow can effectively reduce the traction of tires on the road, making vehicles more vulnerable to crashing. It is best to drive slower when these conditions are on the road.

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Mechanical Defect in Truck Accidents

Posted by on Jan 5, 2017 in Truck Accidents | 0 comments

Being diligent on the road is a must, especially because a single mistake can trigger an accident that can cause injury or death. Since trucks can pose a more serious threat compared to other vehicles because of their size, truckers should be extra careful in driving.
A trucking accident can come in many forms. It can occur because of driving under the influence of alcohol or drugs, driver error, or negligence. These things can easily be avoided by truckers, but what if the accident occur because of something they can’t avoid, like mechanical defects?

Mechanical malfunction is one of the most common causes of trucking accidents. Most of the time, it is the manufacturer or seller of the defective part that becomes liable and not the trucking company itself. But the trucking company can still be held liable, especially if it is the one responsible for the maintenance of the mechanical parts.

Brake Malfunction

One of the most vital parts of a vehicle is the brake system. If the system fails, the truck driver will not be capable of doing an emergency stop to prevent an accident. It becomes even worse if the truck is going at a high rate of speed and the driver cannot even slow it down to at least lessen the impact. Brake defects occur because of component failure, condensation, poor air pressure, or overheating.

Tire Defects

Some of the most common truck tire accidents involve burnt treads, overheated tires, tire blowouts, and tread separations. All of these can be associated with defective tires and tires that are not well-maintained. The manufacturer or seller of the defective tires or the trucking company that fail to maintain the tires of their trucks can be held liable in such accidents.

Trailer Malfunction

An 18-wheeler truck’s trailer can weigh up to 12,000 pounds empty. You can just imagine how heavy it can get if you start adding cargo in it. The sheer size of trailers alone make it a devastating factor in an accident, so it is best to ensure that trailers are safe from defects. Common incidents concerning trailer accidents involve faulty support chains, jack knifing, trailer disconnection, and unsecure trailer ball locks.

It is scary to realize that deadly scenarios such as truck accidents can be triggered by the negligence of another party, like the manufacturer, seller, and trucking company. They are the very entities that we expect to prevent accidents, but the fact that trucking accidents are still common in the streets of the United States say that they are not trying hard enough.

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Everything You Need To Know About Fit-for-Duty Test

Posted by on Aug 9, 2016 in Workplace | 0 comments

In most instances, one of the major causes of workplace injuries is letting the wrong employee do a certain job. The employee tasked to perform a certain job is either physically not ready or totally unable to perform essential job functions. This is where a fit-for-duty test can come in handy. These tests can protect an employee from injury and you from paying workers’ compensation claim.

A fit-for-duty test can be administered as part of a functional employment testing. It may include the following examinations:

  • Return to work. This is administered if you are unsure that an employee who has been out for a while is ready to resume their work after an injury despite getting medical clearance.
  • Job Performance. You can give this test to an employee if you think that they cannot perform an essential function of the job or that they are not at par with the standards of other employees
  • Post-offer Physical Examination. Also called as physical abilities testing or pre-placement exams, it may include comprehensive questionnaires, musculoskeletal assessment, drug screen, and medical surveillance.

Fit-for-duty exams can also be interchanged with functional capacity evaluations (FCE). Administering such exams is a legal right of employers. While the Americans with Disabilities Act prohibit discrimination when hiring a disabled worker, the same disability cannot prevent them from doing an essential function of the job. A prospective employee who is in a wheelchair can be hired if he or she can perform say a desk job. The Americans with Disabilities Act sets two conditions for fit-for-duty tests:

  • Can the prospective employee perform the essential functions?
  • Does the worker have a medical condition that can directly threaten the safety and health of the worker or other employees?

These conditions can help decide whether a comebacking employee is indeed ready to work. The goal of fit-for-duty test is to check whether an employee can meet the physical demands of a position.

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Loneliness and the Elderly

Posted by on Apr 3, 2016 in Elderly Care | 0 comments

In this modern world wherein communication with other people can be done with an easy click of the mouse, brush of the keys, or the mere pushing of a button, studies have shown that societies in this day and age experience bouts of loneliness more so than people from the past. This includes seniors, especially seniors in seclusion.

Elderly citizens who usually feel the brunt of loneliness are those who live alone, regardless of whether they have children or grandchildren, or they have none. This is because a young person can afford to live alone, what with modern technology occupying his time and his youth making him available to activities of the body. For the old person, activities which require muscle strength are a thing of the past; what they most need during these times is someone they can talk to and someone who can spend time with them.

This is what Meals on Wheels, a program that seeks to provide food for people – usually the elderly – who cannot purchase or prepare their own food, aims to give the elderly.

Alexandria, Virginia-based Meals on Wheels Association of America chief executive offcier Ellie Hollaner said a third of the organization’s funding comes from the federal government while the other two-thirds come from state governments and local and national charities. The program aims to keep poor senior citizens from having to pay expensive bills for expensive nursing homes and similar facilities.

Many elderly citizens are poor and suffer from malnourishment and sickness, with most of them having barely enough money to spend for food, rent, medicine, or even clothes. This is because a lot of them were not able to save enough money during their youth – either because of unfortunate circumstances in life or the very inability to gain proper employment in the first place.

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How to Find a Personal Injury Attorney

Posted by on Nov 2, 2015 in Personal Inury | 0 comments

Have you suffered a personal injury? Do you not know what happens next? If you have answered yes to both queries, you’ve got reached the correct article! There certainly are things that are plenty of you must know about choosing the right attorney, comprehending the courtroom process and ways to prove everything. This informative article might help tackle these problems and more!

Ensure you employ an attorney that focuses on personal injury litigation. There are attorneys around who practice a few forms of law, but it is in your best interest to find one who practices just this form of law. Your chances of succeeding will increase since your attorney will understand precisely what he’s doing.

When choosing a personal injury lawyer, make sure that you will be going for a regulation office which includes an entire section focused on the injury. Meanwhile, it is not unusual for law offices to pursue several different types of instances, you should select legal counsel who is well-versed in your niche.

Get a detailed police report regarding a harm you receive, for potential research in court. Not simply will the information collected by the regulators be hardly incredible, it can help win your situation and prove that you had been wrongfully injured. Failure to gather evidence that is credible signifies your state could be viewed as hearsay, and that won’t earn you something!

Do everything you can to stay with personal injury lawyers that are local. Most of the time, local solicitors tend to be that may result in you being more satisfied and more liable to you. In addition, you will not have to make long distance calls, you can have faster communication, and you may fulfill with them easier.

Ideally, this short article has helped you understand a few of the matters involved with the process of reaching a personal injury resolution. By all means, it is not the article out there that is only real to aid you. Click here to learn more to fully understand what to do after a personal injury.

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