Johnson Law PLCFindLaw IM Template2024-02-01T14:22:44Zhttps://www.johnsonlawplc.com/feed/atom/WordPress/wp-content/uploads/sites/1201722/2019/08/cropped-Fav_icon-min-32x32.jpgOn Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=479102024-02-01T14:22:44Z2024-02-01T14:22:44ZWhat machines are subject to recall?
More than five million Philips brand pressurized breathing machines, including continuous positive airway pressure or CPAP machines, are now subject to a major recall. The devices manufactured by Phillips contain foam in the mask that the user wears that can break down over time with repeated use.
People may inhale both dangerous chemical fumes produced by the degradation of the foam and may even inhale or swallow minute pieces of the foam itself as they sleep. The contents of the foam could be dangerous to human health, and may potentially even be carcinogenic. The type of foam used has produced thousands of reports of medical side-effects including cancers that may relate to the foam used.
Therefore, Philips has recalled millions of machines and estimates that the recall could cost the company as much as $400 million to execute. Until the organization finds a way to address the issue, it has agreed to not sell any more of the affected units in the United States.
This is an example of a recall that could have major implications for the well-being of individual consumers and one in which the United States government has played an active role. The Food and Drug Administration (FDA) applied pressure to Phillips throughout the recall process and negotiated to halt the sale of machinery pending a resolution of the issue with the foam in the masks.
Consumers exposed to dangerous products often have rights under the law. Pursuing a product defect claim when someone develops an illness or suffers a major injury because of a defective product is a reasonable response to the harm at issue.]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=479092023-11-30T09:14:48Z2023-11-30T09:14:48ZShenandoah National Park here in Virginia to Great Smoky Mountains National Park in North Carolina. Approximately half of these collisions result in serious injuries.
Where the greatest risks?
Certainly, parts of the parkway are more challenging to navigate than others. Things can get especially dicey where there are:
Curves with little or no view of what’s ahead: These generally have a very low speed limit, so it’s important to adhere to it – no matter how impatient those behind you are. Make sure your headlights (but not your brights) are on so you’re more easily visible to those approaching from the other direction.
Narrow shoulders: Because the trees and foliage often grow right up to the road, it’s crucial to keep your tires on the road. Swaying off it just a bit can be dangerous – particularly if there are cyclists or hikers there.
Steep grades: It’s important to watch your speed carefully when going downhill. You can end up traveling much faster than intended and lose control.
Closures and road work: In the winter, it’s not uncommon for parts of the parkway to close temporarily due to a large snowfall. Flooding can happen any time of year. When the weather is good, be prepared to see roadwork being done. This can take stretches of road down to one lane for both directions of traffic.
Of course, no matter how cautious you are as a driver, if you encounter another driver who isn’t, it may not matter. If you’ve suffered injuries due to another person’s negligence, it’s crucial to get the compensation you need for medical care and other expenses and damages. Don’t agree to a settlement until you have received legal guidance.]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=478302023-10-01T16:47:21Z2023-10-01T16:47:21ZMore moving parts means more defect risks
Small mistakes in the manufacturing or design process could ultimately lead to a vehicle that is unsafe on the road. Even components that seem relatively minor could cause collisions. For example, Kia recently announced a recall of more than 83,000 Sorento SUVs because of an issue with the rearview camera. Water can leak into the cameras as installed, preventing the device from working.
The failure of a backup camera when someone is used to looking at their dashboard rather than over their shoulder when in reverse might mean that they don't properly monitor their surroundings and cause a crash. Far less technical issues could also lead to preventable collisions. The hood latch on a vehicle failing, which has also been the source of recalls previously, might mean that someone traveling at incredibly high speeds suddenly loses visibility with no warning.
Those defects, whether the driver knows about them or not, will make them less safe on the road. Automotive manufacturers must therefore very carefully test their products and respond proactively when something fails or doesn't work as intended. Recalls can help repair and replace damaged vehicle parts that could put people at risk. Unfortunately, recalls are often very slow efforts, in part because manufacturers need to communicate with buyers and arrange for them to bring the vehicles into dealerships to be repaired.
Vehicle owners affected by defective vehicle components may have grounds for a product defect lawsuit. They could take legal action against the manufacturer or possibly the company that supplied the defective components, depending on the circumstances. Understanding that a recent crash may have been caused (at least, in part) by a defective vehicle part is often the first step toward pursuing justice in this way.]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=478292023-08-01T03:06:19Z2023-08-01T03:06:19ZHigh traffic volumes lead to more crash risk
Wherever there is a high density of traffic, the potential for a collision rises accordingly. More vehicles in close proximity to each other while traveling at high speeds inevitably increases the likelihood of some kind of crash occurring. With 48,000 vehicles estimated to use the road each day, I-81 has such a high volume of traffic that an increased rate of collisions is almost unavoidable.
Hilly roads present many dangers
One of the reasons that I-81 is so dangerous is that it has many inclines and declines. It is a very hilly route that will require constant attention from motorists as they drive up and down the mountainous terrain. It only takes one lapse in judgment for someone to potentially lose control of their vehicle while going up or down a hill. Commercial vehicles can be particularly dangerous on inclines, as their greater weight leads to more momentum and a longer stopping distance. Additionally, abrupt motions might lead to a rollover or jackknife incident that could shut down the road entirely.
Ideally, those driving commercial vehicles like semi-trucks would slow down or take alternate routes that are a bit safer. However, they tend to use the most direct route and travel at the maximum speed possible to reach their destination as quickly as they can. The unfortunate result of such choices is a high number of theoretically preventable collisions.
Motorists in smaller vehicles don't necessarily have to avoid I-81, but they should familiarize themselves with the risks on that particular road if they hope to maximize their safety while traveling. Identifying the most dangerous roads in Virginia and understanding what makes them so hazardous may improve the safety of motorists and their passengers overall.]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=478122023-06-01T13:22:33Z2023-06-01T13:22:33ZIt's hard to be fair without seeing the big picture
In a Virginia divorce, equitable distribution is the standard. Couples can settle on their own, or a judge will use state statutes to evaluate their situation and their inventory of assets to decide what would be fair and equitable regarding the division of their property and financial obligations.
A spouse negotiating a settlement cannot demand a fair outcome if they are unaware of several valuable assets. Hidden bank accounts, physical property and other assets may not be part of the inventory provided during the divorce but could still be part of the marital estate. People who don't find those hidden assets may accept unfair settlements or may be bound by a property division order that does not fairly reflect the couple's circumstances.
There are multiple ways to reduce the chance of falling victim to a spouse's attempt to unfairly hide assets to keep them out of the pool of marital property. Those who obtain financial records from their marriage and go over them carefully may spot discrepancies that alert them to hidden assets. Others may need to have a lawyer review the paperwork or may even need to bring in a forensic accountant.
In scenarios where people locate hidden assets and inform the courts of the matter, it is sometimes possible to secure a larger portion of the marital estate because of the attempt to hide property and keep it out of the pool of marital assets. Those in higher-asset marriages have more valuable property to fight over and also have more diverse holdings, which can make it easier to overlook assets or misunderstand their value.
Carefully looking over records for signs of hidden assets may help those who are preparing for a Virginia divorce to minimize the risk of misconduct on the part of their spouse on fairly affecting their economic stability moving forward. Seeking legal guidance is often a good place to start.]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=478052023-04-07T13:24:18Z2023-04-07T13:24:18ZDetermine how assets will be classified
Identify whether the investments are considered marital or separate property. Marital property typically includes assets acquired during the marriage, while separate property refers to assets that were owned by either spouse prior to the marriage or received by one spouse as a gift or inheritance. A couple’s division of investments approach will focus on the management of marital property.
Gather documentation
Collect all relevant documents related to your investments, such as account statements, purchase confirmations and tax records. This information will help to establish the value of the investments and provide a clear understanding of the nature of the assets to be divided.
Calculate value
Determine the current market value of the investments. This may require professional assistance from financial experts or appraisers, particularly for more complex investments like stocks, bonds or retirement accounts.
Consider tax implications
Be aware of the tax consequences of dividing investments. Some assets, like retirement accounts, may be subject to penalties or taxes upon withdrawal or transfer. In some cases, related tax burdens can be considerable, so this is a concern worthy of the attention of both parties.
Manage retirement accounts
Some retirement accounts require couples to have a qualified domestic relations order in place before they can split the value of a particular account. This document is very specific and must be approved by the court. It includes the account owner and the recipient, as well as the method of division. The plan administrator must approve the QDRO or it will need to be sent back to the court for revision.
Ultimately, dividing up considerable assets can take time. You should try to work out a property division agreement that’s in your best interests. Be realistic about what you can afford and how the long-term financial obligations of acquiring and/or losing particular assets will impact you. Seeking legal guidance can help you to achieve these consequential goals.]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=477962022-12-02T20:48:45Z2022-12-02T20:48:45ZHow Virginia divides your property
One of the most important considerations when planning for your future after a divorce is what resources you will have to rebuild your life. Unless the two of you already have a marital agreement, you will either need to settle property division matters on your own or ask a judge to apply state law.
Virginia uses an equitable distribution rule that requires judges to learn about the marriage and review household assets and debts before dividing everything in a fair and just manner. The outcome will largely depend on the judge's perspective related to your relationship and finances.
When the courts order spousal support or alimony
Getting alimony, which some people call spousal support or maintenance, is not automatic in a Virginia divorce. A spouse with lower earning potential or who left the workforce to handle household matters can file papers requesting alimony.
As with property division, your marital circumstances will influence what a judge orders. The ability of one spouse to pay and the need of the other are also major considerations. Spousal support is often temporary, and the duration will depend on family circumstances.
How the courts address child custody
The custody laws in Virginia are relatively neutral. They do not refer to either parent's role or sex. Each parent theoretically has the same rights regarding time with the children and decision-making authority as the other.
However, a judge can create very detailed, nuanced parenting plans based on your family's situation. The best interests of the children and your family will be the main consideration in all custody-related decisions.
Once you understand the basic rules that apply to the three biggest issues in most Virginia divorces, you will be in a better position to start planning for your future.
]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=477942022-10-04T20:03:37Z2022-10-04T20:03:37ZMisdiagnosis or failed diagnosis
Researchers estimate that diagnostic mistakes claim between 40,000 and 80,000 lives every year, possibly more.
Doctors sometimes rush to conclusions when they hear about a patient's symptoms without ruling out serious medical issues first. Other times, they fail to order necessary testing or choose to ignore self-reported symptoms that a patient informs them about during an exam.
Diagnostic mistakes can lead to someone undergoing the wrong treatment, while diagnostic failure might mean a long-term delay in getting necessary care.
Medication errors
Medication mistakes come in many different forms. A nurse physically handing out prescription medication to patients in a hospital could mix up similar-looking capsules.
A technician in a pharmacy could improperly mix medication intended for intravenous (IV) administration. Staff members had a nursing home could forget to give someone their pills, undermining the effectiveness of an antibiotic regimen.
Any of these mistakes could have serious health consequences for the patient affected.
Medical neglect
Overworked nurses trying to do their last rounds before they leave for the night might fail to check in on patients and could therefore miss something crucial. Understaffed workers at a nursing home facility may have no choice but to ignore call lights illuminated by individuals who desperately need to go to the bathroom. Medical neglect or the failure to respond appropriately when someone needs support in a medical facility is common and likely seriously underreported issue.
When you recognize the human shortcomings of those providing your medical care, you will be in a much better position to hold someone accountable if their mistakes or oversights harm your health. Learning more about medical malpractice can help you stand up for yourself when you don't receive the care that you deserve.
]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=477922022-08-05T20:26:17Z2022-08-05T20:26:17ZLegal options when divorcing a narcissist
You have multiple legal options when divorcing a narcissist. Right away, your first step should be to get as many of your financial documents and papers as possible to your attorney. You can also copy text messages or emails that you think they need to see, such as those from your ex-partner threatening you or stating that they’ll manipulate the case to hurt you. Having evidence against them from the start may help you have more leverage.
Next, you should consider letting your attorney be the negotiator. While you might want to look into mediation or arbitration with a reasonable spouse, a narcissistic spouse may not be interested or will be looking for a fight even if you do go through those options.
Third, if you have children, now is the time to look into setting boundaries and establishing methods of keeping them safe. Using court-monitored communications could make sure that you have evidence if your ex doesn’t bring them home on time or threatens to withhold custody.
It’s a challenge to divorce those with harsh personalities
Divorcing someone who doesn’t want to go through a divorce can be very difficult, but it is possible. With enough documentation and good organization, you can limit your ex-spouse’s options and make sure you’re clear that you’re moving on and don’t want further complications as you do.]]>On Behalf of Johnson Law PLChttps://www.johnsonlawplc.com/?p=477672022-06-07T22:11:29Z2022-06-07T22:11:29Z
Motor vehicle crashes are a leading cause of TBIs
According to the Centers for Disease Control and Prevention, motor vehicle collisions are a leading cause of traumatic brain injuries. TBIs can lead to death in traffic collisions.
Traumatic brain injuries range in severity
Not all TBIs are the same. Minor TBIs may heal in a few weeks, while moderate injuries could require years of work to correct. Acute cases may result in permanent disabilities.
People with TBIs may need medical interventions
The medical interventions that can help after a TBI could range from surgery to relieve pressure within the skull to medications to help with intracranial pressure. Physical and occupational therapy are commonly used therapies.
TBIs cause a range of symptoms
Depending on the part of the brain that was impacted, a TBI can cause all kinds of symptoms. Some may affect speech, memory or hearing, for example, while others might affect a person’s vision or personality.
TBIs can develop over time
It’s possible for some TBIs to be missed initially after a crash. Called delayed onset injuries, they may develop as swelling and bleeding continues in the coming hours or days.
TBIs are serious injuries requiring immediate medical attention. If you or a loved one suffer from a TBI, it’s important for you to go to the hospital and seek help. Early treatment may help minimize the risk of further complications.
After you are stable, you can then look into holding the at-fault driver accountable for the collision as well as think about making a claim for compensation.]]>