Good Lawyers in Injury Divorce DUI

A unique new study looks at the kind of effects obesity has when a person suffers injuries in an automobile accident, and the kind of injuries that an overweight person can expect. The researchers compiled data from the US National Automotive Sampling System’s Crash Worthiness Data System. They found that men with a high body mass index were at a high risk of certain injuries, like upper body injuries.

The researchers used data relating to injuries and body mass index of approximately 11,000 men and women between 2001 and 2005. The men and women had been injured in front impact motor vehicle accidents during the same period of time. The researchers also used computer models of obese drivers, and put these through a crash test situation. The study found that male drivers who were obese, were at a much higher risk of upper body injuries, like those to the head, face, chest and spine. Besides, men and women with low and high BMI were at a much higher risk of suffering a serious abdominal injury. Obese men had a much higher risk of injuries in accidents than obese women in all body regions, except in the abdominal region and the extremities.

In a nutshell, obese men have a much higher risk of injuries to the upper body than men with normal weight. They also have a much higher risk of injuries to the upper body in automobile accidents, than obese women. The researchers found the exact same results in both the compilation of data from the crashworthiness data system, as well as the crash tests using computer models of obese drivers.

According to the researchers, the differences between obese men and men of regular weight and obese women, could be due to differences in fat distribution, body shape, center of gravity differences between obese persons and individuals who have a normal weight, as well as differences between men and women.

According to the researchers, the study may be limited in scope, and there is the need for more research to prove these findings. However, the findings could be an indication that automakers must adjust their auto manufacturing specifications to take into consideration the fact that more Americans now are obese than 20 or 30 years ago. Obesity is a nationwide epidemic in the country. Approximately 67% of Americans are believed to be overweight.

In a situation like this, there is a large segment of the population that may be at a higher risk of injuries in automobile accidents. Current auto technologies do not take into consideration the fact that more numbers of people driving these cars are excessively overweight, and at a higher risk of injuries.

California injury lawyers will find these findings very interesting. More research is needed before any firm conclusions can be drawn, but it is intriguing that both statistics as well as crash tests indicated a high risk of injury to overweight people, especially men.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of auto accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not representing any party in the matters discussed in this posting.

In the Chapter 13 bankruptcy case of Avellandeda, Guillermo and Jenny; In re, the bankruptcy court overruled the trustee’s objection to confirmation of the debtors’ plan.

The details of the bankruptcy case:

The Chapter 13 debtors proposed a 36-month plan that anticipated paying 1 percent of unsecured claims. The debtors scheduled monthly take-home income of $8,156 and expenses of $7,900, leaving $256 a month with which to fund payments under a plan. The reported income included $1,200 in unemployment benefits.

However, when the debtors reported their current monthly income to the bankruptcy court, they failed to include their unemployment insurance payments. It was because of this omission that the bankruptcy trustee objected to the confirmation of the debtor’s Chapter 13 bankruptcy repayment plan.  The bankruptcy trustee insisted that the unemployment insurance income should have been included in the current monthly income calculation.  However, the bankruptcy court ruled against the bankruptcy trustee stating that since the unemployment insurance income would not have placed the debtors over the median income that it was irrelevant.  However, if the inclusion of the unemployment insurance income had placed the debtors over the median income they may have faced problems with their bankruptcy case.

Despite the good fortune of these debtors, other debtors filing bankruptcy should work closely with their bankruptcy attorney to make sure that unemployment insurance income and other “temporary” income is handled carefully during their bankruptcy case.  Because the bankruptcy court did not rule that unemployment insurance could in fact be excluded as would social security benefits, it is possible that another bankruptcy judge could rule very differently.

Related posts:

1. Debtors Allowed To Modify Chapter 13 Bankruptcy Plan
2. The Chapter 13 Bankruptcy Process For Debtors
3. Debtors Must Report Significant Income Increases In Chapter 13 Bankruptcy

A study by the Center for Disease Control (CDC) has found that traumatic brain injuries (TBIs) are responsible for around 1.7 million hospital visits and about 52,000 deaths per year. This number accounts for nearly one third of injury related fatalities in the United States. However, the most disturbing aspect of the study was the documented increase in TBI-related emergency room visits and hospitalizaton. The study, entitled “Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Death" determined that traumatic brain injury related ER visits increased 14.4% and hospitalizations increased 19.5% over the course of the 2002-2006 survey period.

The statistics show that the groups most susceptible to traumatic brain injuries include young children, teens and the very elderly. The highest rate of death is seen in seniors over the age of 75 years old. The top cause of TBI injuries are slip and fall situations with the highest rate of falls seen in children under 5 and seniors 75 years or older. Car accidents make up the second leading cause of TBI injuries and also the leading cause of TBI deaths. According to the study, 31.8% of TBI deaths result from serious car accidents.

The statistics were compiled as part of the CDC’s ‘Head’s Up’ program which was implemented to provide information to health care professionals and patients regarding traumatic brain injuries. Traumatic brain injuries have both short term and long term consequences including altered thoughts, perceptions and emotions.

The Klest Law firm has over twenty eight years of experience handling civil cases involving traumatic brain injuries. To speak with an experienced Chicago personal injury attorney, please click here.

In the Chapter 13 bankruptcy case of Carolina Lottery Commission v. Wells, the bankruptcy court ruled against the Carolina Lottery Commission after it attempted to except its claim from bankruptcy discharge.

The details of the bankruptcy case:

The Chapter 13 debtors owned and operated a convenience store. In May 2006, the store received permis­sion to sell lottery tickets. In April 2008, when they closed the store, debtors owed the North Carolina Lottery Commission $38,933. After the debtors filed for bankruptcy, the Lottery Commission filed a complaint seeking to have its claim excepted from discharge by Section 523(a)(4). The debtors argued that Section 523(a)(4) was not applicable because the contract did not require the debtors to maintain or establish a separate trust account for the benefit of the North Carolina Education Lottery. Section 523(a)(4) requires the existence of an express or technical trust created by agreement or by statute that specifically imposes a fiduciary obligation. Finding neither an express nor a technical trust, the court ruled for the debtors.

The bankruptcy court further noted that while the state lottery commission stipulated that money received from lottery sales be held in a trust account, that stipulation was only stated in promotional materials.  The bankruptcy court said that since the stipulation to hold lottery money in a trust account was not stated in a contract and that there was no evidence that the debtors agreed to keep the money in a trust account, the $38,933 would not be excepted from bankruptcy discharge.  In the end the debt owed to the lottery commission was discharged in the debtors’ Chapter 13 bankruptcy.

Related posts:

1. Bankruptcy Debtor Squanders Lottery Winnings–Receives Discharge
2. Bankrupt Debtors Lose Discharge After Spending Annuity Payouts
3. Use Extreme Caution When Allowing Family or Friends to Access Your Accounts

Blockbuster Inc., has again warned of a possible Chapter 11 bankruptcy filing if it is unable to turn its business around.  In an annual report it filed recently, Blockbuster said that it was concerned that it would not be able to continue without filing bankruptcy due to declining sales and a lack of sufficient cash flow. In an effort to correct the situation and avoid filing Chapter 11 bankruptcy, the movie rental company has begun setting up movie rental kiosks similar to those operated by Redbox, but it is not yet clear if this will be enough to compete in the toughing movie rental market. 

With its growth efforts constrained by debt and declining cash flow, Blockbuster is closing hundreds of underperforming stores, including 500 to 545 this year, and has outlined $200 million in fresh cost cuts tied to staffing and advertising spending. Since last year, it has pursued options for overseas assets, selling its business in Ireland in August for up to $45 million in cash, but it so far has been unable to close deals on other divestitures.

Blockbuster said Tuesday that it also seeks to boost its balance sheet, including modifying terms of its senior notes and the possible swap of senior subordinated debt with Class A common stock. The exchange could be implemented in late second quarter or early third quarter, but some of potential moves may require the company to file a pre-packaged or other filing under Chapter 11 bankruptcy-protection laws, Blockbuster said.

Chapter 11 bankruptcy may be just what Blockbuster needs to get its debt under control and restructure its business in way that would allow it to effectively compete.  With liabilities that are more than $314.3 million than its assets, Blockbuster could really benefit from filing Chapter 11 bankruptcy. Bankruptcy could reduce Blockbuster’s debt significantly, free it from burdensome employee contracts and give it the necessary leverage to renegotiate agreements with vendors.  And finally, Chapter 11 bankruptcy could allow the movie rental giant to once again gain dominance over emerging players such as Redbox and Netflix.

Related posts:

1. Is Blockbuster Heading To Chapter 11 Bankruptcy?
2. Regent Communications Files Chapter 11 Bankruptcy
3. Four Questions You Should Ask Before Filing Chapter 11 Bankruptcy

Congratulations to 3L Laura Steele, the winner of this year’s Frank DeGuire Award for the best student comment in the Marquette Intellectual Property Law Review.  Laura’s terrific comment, entitled “Actual or Hypothetical: Determining the Proper Test for Trademark Licensee Rights in Bankruptcy,” is available on SSRN.  Here is the abstract: As trademark rights become an increasingly [...]