Law Degree Journal

If you had once been convicted of DUI, you will surely run into situations in the future wherein you will be required to show your record. This may happen when you are applying for a new job which requires you to drive a company vehicle. In such cases, an employer would always want to check the applicants’ driving record and there will be no other way around it.

Sometimes, DUI records stays on you indefinitely. While most people believe that a DUI record will be automatically removed from your records after a certain time, it may not always be true. There are many states that have laws that will keep a Dui record with you for a number of years and there are also others that do not have these laws and would keep a DUI on your record forever.

But if you are lucky enough to be in a State that allows the expunging of DUI from your record after a certain period of time, you still need to do the following; go down to your local Department of Motor Vehicles and find out how you can take off the DUI from your record.

Your local department will provide you with the needed paperwork and documents that you need to fine in case your State allows the expunging of DUI from your records. However, if you experience difficulties and road blocks during this process, hiring a Dui Attorney who has knowledge and experience in the area will be a wise decision to take.

You should never allow a DUI conviction to rule your life forever. You can inquire with your local department of motor vehicles office how you can file the necessary requirements to expunge DUI from your record. You can also check on your driving record to see what’s in it and help yourself in cleaning up your record. There are some people who really don’t have any idea of the content of their driving record or were aware that they have the right to check out their own driving records.

You can go down to your local department and ask for a copy of your driving record. You may have to fill out a request form show identification proof and then you easily get the copy of your driving record then and there. In most states, there is a nominal fee charged for a copy of driving records requested.

When you have the actual copy of your driving record, you will be able to come with better decisions when it comes to DUI expunging process. You may then be surprise at how easy it really is to for you to clear your record.

However, if you find yourself having difficulties and road blocks with the process and you don’t know how to proceed with clearing your DUI record, it is best to seek out a qualified DUI attorney who can expertly assist you expunge DUI from your records.

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In May 2008, the BBC Watchdog programme alerted viewers that a number of people were reporting itches, blisters, burns and rashes after buying imported Chinese leather sofas.

The reason: sachets containing the chemical dimethyl fumarate (DMF) had been used by Chinese manufacturer Linkwise to prevent mould from growing on their leather sofas during transportation and storage.

Unfortunately, the chemical, which is sometimes used as a fungicide, led to severe allergic reactions in some people using the sofas.

Tests have shown that DMF can cause severe eczema, a term referring to a range of skin conditions which are difficult to treat. The allergic reactions occur when the substance warms up.

Consultant dermatologist Dr Sandra Winhoven explained the condition at the time: ‘The substance that’s causing the sofa dermatitis outbreak is a fungicide, and this fungicide has a very low vapour point. So when it gets warm, more of it gets released.’ As a result, the summer months led to higher numbers of allergic reactions.

Symptoms of eczema

Eczema, which is sometimes known as dermatitis, can refer to a range of unpleasant and distressing symptoms including itching, blistering, redness, swelling, dryness, crusting, flaking, cracking, oozing and bleeding of the skin. These symptoms can be very damaging to a person’s quality of life, and some of the sofa rash sufferers reported symptoms of depression as a result.

With up to 50,000 households having been sold a contaminated sofa, and many people suffering from increasingly severe reactions, sufferers were often unaware that the reaction they were experiencing was connected to their sofa.

Some sufferers even unwittingly aggravated their injuries by staying at home to recover from their symptoms, thereby further increasing their contact with the problem sofa.

How the stores reacted

The sofas were sold by Argos, Land of Leather and Walmsley Furnishing. After learning of the problem with their sofas, the shops selling them responded in different ways. According to a Daily Mail report from June 21, 2008, Argos, who had sold the most contaminated sofas, withdrew the sofas from their shops and notified buyers, contacting them to arrange collection of the products.

Land of Leather, meanwhile, withdrew the sofas but was criticised for not notifying buyers, while Walmsley said they had removed the sachets from sofas they sold after they learned of the issue, though they also did not recall the sofas which had already been sold, as Argos had done.

Claiming compensation for sofa rash

In the UK’s largest ever consumer injury claim, thousands claimed for compensation against the stores where they bought their sofas. Compensation is expected to total up to £10m for this initial class action.

Along with the thousands already claiming compensation, an estimated tens of thousands could have suffered or still be suffering from burns which have not yet been linked to their sofas. These cases could lead to further claims for compensation.

If you have been affected by a ‘toxic’ sofa and experienced skin problems as a result, you could be entitled to claim compensation for your injuries and money lost due to time off work.

National Accident Helpline can help you make a sofa rash claim. We will put you in touch with a specialist personal injury lawyer to help you with your claim.

Eye injuries are common in car accidents. With all the flying debris it is no surprise that the eyes are at risk for severe injuries. What may surprise you is that many eye injuries are caused by airbags. Airbag induced eye injuries may not be as common as eye injuries cause by flying debris but they are severe enough for concern.

Results of Airbag Eye Injuries

Airbag eye injuries can cause partial or total blindness. Sometimes the damage is temporary, but in many cases it is permanent. There is still research being done to see how different circumstances affect the damage to the eye by an airbag. The research includes looking into the effects on people of different heights and people who wear corrective lens. There appears to be a greater risk for injury for children and women. Both drivers and passengers are at risk for injuries from air bags.

Airbag Deployment and Injury

Eye injuries occur when the airbag deploys and comes in contact with the eye. Upon the deployment of the airbag, particles fly at high speed from the air bag compartment, posing a serious danger for the eyes. There is proof that air bags may do more harm than good. Studies show that the risk of an extreme eye injury and other serious injuries outweigh the benefits of air bags.

Why Airbags Pose this Risk

Airbags were developed to be an added safety measure, but they are proving to be more of a risk than anything. Airbags were designed to work with a male of a height around 5 feet 8 inches. Since this is far from the average size of women and men, airbags have a major flaw. They are not designed to suit women drivers or those of short stature. Anyone larger than the model used is also at risk.

While there have been notices made that children under the age of 12 should sit in the backseat to avoid the possible harms of airbags, the truth is that every passenger is still at risk from the flying debris of an airbag. So, no matter where you sit in a car with airbags, you are at risk for eye injuries caused by them.

What to do About Airbag Eye Injuries

If you are in an accident and you suffer an eye injury from an air bag you may have grounds for seeking damages from the car manufacturer. You should consult with an attorney that specialized in injury law. To prevent eye injuries from air bags, you should follow all instructions from the manufacturer about safety. This includes keeping children in the back seat and using aids to help you sit higher in your seat if you are driving and are of a short stature.

Eye injuries from a car accident may happen from any flying debris. You may be able to prevent them by using airbags carefully and being aware of the risks they pose. It cannot hurt to get information and learn how to minimize your chance of a traumatic eye injury in a car accident. Wearing eyeglasses, safety glasses or sunglasses while driving or riding in a car could also be helpful.

Rex Bush handles personal injury cases in Utah. For info on injury issues visit his website: Utah Injury Attorney. Should you hire an injury lawyer? Visit this page: Utah Injury Lawyer.

Spinal cord injuries are very misunderstood. Not every spinal cord injury is permanent and not every person that suffers a spinal cord injury will immediately be paralyzed. There are actually 7 things that you should learn if you wish to understand spinal cord injuries.

#1 Spinal Cord Injury Does Not Always Involve a Cut Spinal Cord

Many people think that when a person suffers from a spinal cord injury that the spinal cord is cut and separated. In reality only a small percentage of spinal cord injuries involves a spinal cord that is cut completely. More often, the injury to the spinal cord is from discs or bone compressing the spinal cord.

#2 A Spinal Cord Injury Does not Result in the Spinal Cord Dying

Many people wrongly believe that the injured area of the spinal cord dies and that is why this type of injury causes paralysis. The truth is that the spinal cord remains alive, but is cut off from the body due to the injury.

#3 A Spinal Cord Injury Always results in Paralysis

There are many spinal cord injuries that do not cause any paralysis. Some injures may cause temporary paralysis that will go away once the spinal cord heals. In some cases, such as with whiplash, there is no paralysis. Sometimes there is just tingling or loss of feeling instead of complete paralysis.

#4 A Broken Spine Does Not Always Mean A Spinal Cord Injury

The spine is a very strong bone. It is strong because it has the job of protecting the spinal cord. Even when the spine is broken, it may still protect the spinal cord and prevent injury to the spinal cord. Not every person who breaks their spine will suffer from a spinal cord injury. In many cases the spinal cord is not affected at all by the break.

#5 The Majority of People Do Recover From Spinal Cord Injuries

Many people automatically think of the severe cases of spinal cord injury. These are actually just a small percentage of these injuries. For most people that suffer from a spinal cord injury, they will recover. Most people get proper treatment and thanks to advancements in medicine, they will be able to fully recover from their injury.

#6 Spasms Are a Natural Side Effect of a Spinal Cord Injury

Many people think spasms are a sign that the spinal cord is healing. They believe that these involuntary actions are actually somehow voluntary and that the brain and nerves are now communicating. The truth is that these spasms are not coming from the brain but are the nerves acting on their own. They are normal, but do not mean the spinal cord is healing.

#7 Spinal Cord Injuries are Always Serious

While not every spinal cord injury will paralyze a person, all spinal cord injuries should be taken seriously. The spinal cord is a major part of the nervous system that controls many parts of the body. Even a minor injury, if left untreated, could lead to a more serious situation. That is why misconceptions can be dangerous. You cannot resolve yourself to any conclusions about your condition without consulting a doctor first

Rex Bush handles personal injury cases in Utah. For info on injury issues visit his website: Utah Injury Attorney. Should you hire an injury lawyer? Visit this page: Utah Injury Lawyer.

Until you have been involved in a medical negligence suit, you probably will not appreciate how time consuming, expensive, and difficult they usually are. This is intended only as the most general overview of what these suits entail and is based generally on the laws and procedures in Pennsylvania, where the authors practice law.

In Part I, we discussed pre-suit matters and pleadings. In Part II, we discussed discovery and trial. In this, the final Part, we will discuss post-trial matters.

Post trial proceedings

After trial, the parties are allowed to file various motions challenging the result on legal grounds, in other words, that there has been some legal error during trial. These are called post-trial motions, and if they are not filed, then a party is generally prevented from filing an appeal. It is most unusual for a motion challenging the factual findings of the judge or jury to be granted unless there is simply no evidence to support the factual basis of the verdict.

There may also be a motion necessary to add interest to the verdict if plaintiff has prevailed. This interest, sometimes called delay damages, is calculated in Pennsylvania based upon Rule of Civil Procedure 238.

Only after final decision of all such motions may a party displeased with the result file an appeal to the next level of court. Those appeals do not retry the facts of the case, but are based upon legal issues–some of those issues may contest the admissibility of certain evidence, but almost never successfully challenge a jury’s finding if based upon admissible evidence. It is not the role of the court, either appellate or trial court, to substitute its evaluation of the evidence for that of the jury so long as there is some admissible evidence upon which the jury relied. As a result, challenges that only question the evidence, rather than legal issues relating to the evidence, are generally unsuccessful

And finally, usually years after the litigation process began, itself usually one to two years after the injury was suffered, the case is over. Of course, with appeals, cases can take a very long time. In Philadelphia County, it can take two years after a case is filed for a medical malpractice case to go to trial. If there is an appeal, that can take one or more years. If the appeal is successful, there may be a new trial, etc.

Keep in mind this is a very general overview. Each jurisdiction has its own body of court rules dictating procedures, and its own body of statutes and court decisions controlling the substance of medical malpractice law. This article is based on Pennsylvania procedures (generally), in particular, Philadelphia County Because of this, what is permissible procedure in one state may not be in another. What is good law some places may not apply elsewhere. Some states put a cap on pain and suffering damages and others do not. Some states recognize certain liability theories that others do not. Because of this, it is most important that parties be represented only by attorneys with experience in this field of law in the locale in which it is to be tried.

Philadelphia medical malpractice attorneys Judy Greenwood and Stephen Ulan have represented victims of medical negligence for 25 years. Their office handles medical malpractice, personal injury and catastrophic injury cases, and is located at 1800 JFK Boulevard, Suite 1500, Philadelphia, PA 19103. Email Attorney Judy Greenwood or Visit Attorney Judy Greenwood?s website.