Arnold & Stafford, Attorneys at LawArnold & Stafford, Attorneys at Law2024-03-22T05:37:55Zhttps://www.coastallawyers.com/feed/atom/WordPressOn Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502262024-03-19T05:38:08Z2024-03-22T05:37:55Zeyewitness testimony can be problematic.
Confirmation bias
It is a misconception to view the memory as a tool that records events that can be replayed at a later date. People construct their own memories. There are several factors, including biases, that can skew the memory. For example, if a serious crime has been committed, then a witness will be determined to make sure someone pays for it. Their biases could lead them toward telling the police what they want to hear rather than what they actually saw. Stress, pressure to try and convict and other environmental factors and biases can all impact the reliability of eyewitness testimony.
The passage of time
It can take several months or even years for a criminal case to reach trial. This is when the eyewitness will be called to the stand to give their testimony. As mentioned, the memory is not a recording tool that can be accurately replayed at any point. Over time, the memory diminishes, and gaps can be filled by information such as news reports, that are not necessarily accurate to what the witness saw.
When facing criminal charges, you will be given the opportunity to challenge the reliability of eyewitness testimony. Having legal guidance behind you will help ensure that this is done effectively.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502202024-03-04T09:21:52Z2024-03-07T09:21:16ZThere are risks with surgery. Even minor surgery carries some level of risk, and major surgery that requires a person to be under the influence of anesthesia presents an even greater risk. There are thousands of successful surgical operations every day, of course, but it’s still important for patients to know that these risks exist.In some cases, the risk could come from the negligence of the surgical team. This may qualify as medical malpractice. One example is when surgical items are left behind or retained by the patient after the surgery has been completed.
What items would be retained?
Sponges and gauze are two of the most common items to be retained after surgery. Other implements or tools could also be involved, such as needles, scalpels, drill bits, clamps and much more. It depends on the specifics of the surgery, but the surgical team is responsible for counting the implements and making sure they are all recovered.
What complications can this create?
If the team miscounts or other mistakes lead to items being retained, it can have severe complications. In some cases, it can be fatal. It could lead to pain, discomfort and infection. Even in the best case, a second surgery may be needed to remove the items, extending the healing time. All of this can be very expensive when looking at lost wages while out of work and the cost of additional surgery and care. For all of these reasons and more, it’s important for patients who believe they have suffered from medical malpractice to know how to seek financial compensation.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502182024-02-16T05:26:12Z2024-02-21T05:25:59Z20/20/20 and 20/20/15. These two rules directly impact what a civilian spouse is entitled to in the divorce.
20/20/20 rule
The 20/20/20 rule applies to former spouses of military members and outlines eligibility for continued military benefits after a divorce. To qualify under this rule, there must be at least 20 years of military service that counts toward retirement, at least 20 years of marriage and those must overlap by at least 20 years. The former spouse can retain full military benefits when these conditions are met. This includes medical benefits, commissary and exchange privileges and potentially a portion of the military retirement pay if awarded as part of the divorce settlement.
20/20/15 rule
The 20/20/15 rule is similar to the 20/20/20 rule but with slightly different requirements and benefits. Under this rule, the marriage must have lasted at least 20 years, the military member must have at least 20 years of creditable service but the overlap between the marriage and the service must be only 15 years. Former spouses who qualify under this rule are entitled to one year of transitional military medical benefits but don’t retain commissary or exchange privileges.
Retirement benefits
Those two rules aren’t dependent upon Georgia law; however, there’s another matter that civilian spouses must consider. If the servicemember is on track to retire with benefits, the civilian spouse may be entitled to a percentage of the retirement. This must be included in a court order.
Understanding how military divorce is distinct from purely civilian divorce is critical for anyone in this position. Having a legal advisor to assist with determining how to handle these matters effectively can take some stress out of the divorce process.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502192024-02-15T04:15:57Z2024-02-20T16:34:39ZHydroplaning occurs when a thin layer of water builds up between a vehicle's tires and the road surface. This is what causes the tires to lose contact with the road. The loss of traction can result in a driver losing control of their vehicle, leading to accidents.
The impact of hydroplaning on trucks
When a truck hydroplanes, the driver experiences a loss of control over the vehicle. This can lead to swerving, skidding or even jackknifing, especially on highways or other high-speed roads. Hydroplaning also prolongs the distance required for a truck to come to a complete stop. This extended stopping distance can be critical in emergencies, potentially increasing the risk of rear-end collisions or collisions with other vehicles.
In cases where trucks carry hazardous materials, hydroplaning accidents can result in spills that pose significant risks to public safety and the environment. Chemical leaks or fuel spills can lead to fires, explosions or water source contamination.
Preventative measures
Regular inspection and maintenance of tires are essential for preventing hydroplaning accidents. This includes ensuring:
Adequate tread depth
Proper tire inflation
Timely replacement of worn-out tires
Slowing down in wet conditions is also crucial for minimizing the risk of hydroplaning. By reducing speed, drivers can increase the contact patch between the tires and the road surface, improving traction and control.
Moreover, truck drivers should undergo training in defensive driving techniques to respond to hydroplaning situations effectively. This can include:
Maintaining a safe following distance
Avoiding sudden maneuvers
Remaining vigilant in adverse weather conditions
Trucks equipped with anti-lock braking systems (ABS) have better control over braking in slippery conditions. This helps reduce the likelihood of skidding or losing vehicle control during hydroplaning incidents.
Hydroplaning poses a significant risk for trucks. Truck drivers and fleet operators can mitigate the risks associated with this phenomenon by understanding the factors contributing to hydroplaning and implementing preventative measures accordingly.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502172024-02-08T05:09:06Z2024-02-13T05:08:55Z20/20/20 and 20/20/15 rules can significantly affect the well-being of a non-military spouse after a divorce.
The 20/20/20 rule
The 20/20/20 rule refers to a situation where the couple has been married for at least 20 years, the military member has at least 20 years of service creditable towards retirement and there is an overlap of at least 20 years between the marriage and the military service.
This includes comprehensive medical coverage through TRICARE and access to commissary and exchange services. The significance of the 20/20/20 rule is the provision of a safety net for non-military spouses that acknowledges their role and sacrifices in supporting their partner's military career.
The 20/20/15 rule
On the other hand, the 20/20/15 rule applies under slightly different conditions. It requires the marriage to have lasted at least 20 years and the military member to have at least 20 years of service but with only a 15-year overlap between the marriage and the military service.
Under the 20/20/15 rule, the former spouse is eligible for transitional medical benefits. However, this coverage is limited to one year post-divorce. Unlike the 20/20/20 rule, the 20/20/15 rule does not grant access to commissary and exchange privileges.
There are many other issues to consider during military divorce. Seeking legal guidance from someone who understands these matters is, therefore, critical for both parties.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502162024-01-19T09:20:22Z2024-01-24T09:19:40Zreduce the chance that a truck will injure you.
Allow them plenty of room
Not only are trucks less maneuverable than cars, but they also have bigger blind spots. Not only do they take a long time to stop and maneuver, but truck drivers also might not even see you. As a result, giving trucks a wide berth in all directions is best.
Accept that a driver may have been on the road for a long time
While most truck drivers are highly professional, they are human. They make mistakes just like everyone else and get tired like everyone else. Long days of driving, combined with inadequate rest due to tight schedules and pressure from their employers to meet their deadlines may mean that a driver is not at their best when you come across them.
The bigger the vehicle, the more there is to go wrong
There are many more moving pieces on a truck towing trailers than on your car. There are more tires to blow out and more nuts to come loose, and it may only take one mechanical fault for the driver to lose control. There is also a much greater area to catch the wind and topple the whole rig over.
Doing all you can may still not be enough to avoid a truck crash. Understanding how to hold someone responsible for your injuries will be crucial if you’re injured through little or no fault of your own.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502152024-01-08T07:16:38Z2024-01-11T07:16:16ZAfter your divorce, you may feel like it’s time to pick up and move on – but you can’t do that very easily when moving would affect your co-parent’s custody and visitation rights.
Relocating with a child post-divorce is something that almost always ends up before a judge, and convincing a judge to grant you permission to relocate with your child may not be easy.
It’s all about the best interests of the child
It’s not your parental rights nor your co-parent’s rights that are the priority in family court: it’s your child’s. If you want to move and take your child with you, you need to show the court that doing so will benefit your child more than staying. Some common arguments include:
Job opportunities and economic stability: If you are moving for a better career with a higher income, then you can highlight the potential benefits that would bring to your child in the form of a more stable home and an enhanced lifestyle.
Educational opportunities: If your child has special needs or is gifted (or a mix of both), you may be very justified in moving to an area where their unique educational needs can be met. If you’re moving for your own educational needs, focus on how furthering your education will allow you to get a better job and provide better for your child.
Social and familial support: Sometimes people want to relocate to be near family members who can help them with childcare. You can stress the loving bonds that have already been established between your child and their grandparents or other relatives and the benefits that they can have as a result of enhancing those relationships after the move.
Medical needs: If your child has unique medical needs and you want to relocate somewhere where there is greater access to physicians, specialists and treatment facilities, that’s definitely something to put before the court.
Asking to relocate with your child is a difficult proposition, and it requires a nuanced approach. Seeking legal guidance before you start can help you take a strategic approach.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502122023-12-26T05:25:02Z2023-12-29T05:24:39Zeffective strategies you can employ to avoid such accidents and navigate the roads more safely.
What are the dynamics of wide turns?
Due to their size, trucks require a considerable amount of space to execute turns smoothly. The challenge arises when smaller vehicles share the road, especially in busy urban environments with limited space. It doesn’t help that truck drivers often have blind spots that impede their visibility. This makes it crucial for smaller vehicle operators to understand these zones to avoid potential collisions during turns.
Tips for small vehicle operators
Keeping a safe distance from large trucks can give small vehicle operators more reaction time. This is particularly important when trucks are signaling for turns. In addition, positioning your vehicle appropriately within your lane can help to ensure that truck drivers see you. Avoid lingering in blind spots, and try to stay visible in a truck’s rearview mirrors.
Smaller vehicle drivers should also utilize clear and timely signals to communicate their intentions to a truck driver. This helps truck drivers anticipate smaller vehicles’ movements and plan their turns accordingly.
Most importantly, when approaching intersections with turning trucks, resist the temptation to squeeze between the truck and the curb. Give the truck ample space to execute its turn without compromising your safety.
Preventing wide-turn truck accidents does not solely rest on truck drivers. Small vehicle operators can also enhance their safety by adopting proactive measures and understanding the dynamics of large truck operations.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502112023-12-14T09:17:41Z2023-12-19T09:17:07ZMilitary rules do not govern divorce proceedings
Contrary to what most people believe, rules established by the military do not directly control divorce proceedings involving servicemembers. The divorcing spouses are subject to the laws in the state where they file for divorce.
Those currently serving in Georgia are subject to Georgia state law. Georgia has rules for custody matters, financial support and also property division. It is the Georgia equitable distribution statute that determines how people divide a pension in a Georgia divorce. Typically, resources acquired during a marriage are at risk of division, even if they are only in the name of one spouse. A pension can be one of the most valuable assets in a Georgia divorce.
State law or mutual agreement determines how people share a pension, but there is a military rule that can facilitate pension sharing. The 10/10 rule is a military rule clarifying when the Defense Finance and Accounting Service (DFAS) can send a portion of the pension directly to a military spouse after a divorce.
Generally speaking, the marriage needs to have lasted for at least 10 years, and the servicemember spouse will need to have 10 years of qualifying service during the marriage for DFAS to make direct payments to the non-servicemember spouse. Otherwise, the actual division and distribution of the pension may require a lump-sum payment or regular payments from the servicemember to their spouse.
Learning more about the rules that apply during Georgia divorce proceedings may help people know what to expect as they prepare to negotiate or go to court if they and/or their spouse is a servicemember.]]>On Behalf of Arnold & Stafford, Attorneys at Lawhttps://www.coastallawyers.com/?p=502102023-12-11T06:41:11Z2023-12-14T21:07:16ZAs a victim, you know first-hand that truck accident injuries can devastate your physical well-being, independence and savings. Naturally, you may expect to recover what you need for medical care through your accident claim.
Unfortunately, not all seriously injured victims obtain enough to cover all their medical needs. When filing your claim, determine if your diagnosed injuries are among the most expensive to ensure you receive fair restitution.
Traumatic brain injury (TBI)
These are some of the most severe and costly injuries that may occur in an accident. The average cost of treating a TBI can range from tens of thousands to millions, depending on injury severity. Victims often experience lifelong impairment and other difficulties, requiring ongoing medical support.
Spinal cord injuries
Injuries that damage the spinal cord injuries can result in paralysis, loss of sensation and other disabling symptoms. The average lifetime cost of care for someone with a spinal cord injury can exceed $4 million. This amount may include treatment, rehabilitation and assistive technology.
Amputation injuries
Not only are amputations physically and emotionally devastating, but they also lead to exorbitant expenses. The cost of treatment for an amputation could approach several hundred thousand or more. Many patients also require long-term physical therapy and medical care.
Burn Injuries
The pain of burns sustained in a truck crash can be extreme, but pain relief may be the least costly treatment available. Severe or widespread burns often need attention in a dedicated burn center. Some typically expensive treatments include surgery, skin grafts and extensive physical therapy.Speak with your medical team in-depth to determine the full scope of your injuries and recommended treatments. Take your medical evidence and story to a representative familiar with Georgia trucking accidents to help ensure you obtain fair compensation.]]>