Michael C. Heyden Law Office
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New Castle County Law Blog

Understand these myths about Traumatic Brain Injury

Traumatic Brain Injury, also known as TBI, is a potentially devastating medical emergency often caused by a motor vehicle accident. You can receive significant brain damage even in a seemingly mild collision.

TBIs are a significant cause of about 30 percent of all deaths and disability from accidents. Many TBI victims incur life-long disabilities that can also affect their family's quality of life through loss of income, emotional disturbances and difficult at-home care.

How to get help for construction injuries in Delaware

Although nearly anyone can suffer an injury on the job, there are certain occupations with a much higher-than-average risk for workplace injuries. Construction workers rank at the very top among these employees, with a disproportionate risk of injury every day on the job.

In Delaware, there are laws that protect workers from on-the-job injuries, and there are options for getting compensation to pay for medical bills and missed days at work. Construction workers are particularly in need of these protections. The Bureau of Labor Statistics noted that construction is the most dangerous industry in the United States.

A guide to Delaware domestic violence laws

Domestic violence is a serious crime in Delaware. This violent crime comes with criminal punishments, including fines, incarceration and orders of protection. If you face accusations of domestic abuse, you may have concerns about the implications. 

Getting a domestic violence conviction may seriously affect your life. If you have worries about a domestic abuse conviction, you should learn the basics of the law to understand your charges.

You are safe as long as your BAC was under 0.08 percent, right?

Wrong. In many cases, yes, you can avoid a DUI charge if police officers find that your BAC is under 0.08 percent. However, that is not always a guarantee against criminal charges. For example, if you were swerving all over the road, you could face charges even with a BAC of, say, 0.06 percent. Even the Delaware DMV website states that anything more than 0.05 percent is enough to get you arrested. Part of the reason behind this is that alcohol affects people differently. You may not have drunk in years, so it could have taken just one or two glasses of wine for you to drive unsafely. Meanwhile, someone who regularly drinks may still have been able to drive reasonably safely at a 0.06 percent BAC.

There is also the fact that if you are younger than 21, the BAC limit changes from 0.08 to 0.02 percent.

What are the penalties for DUI in Delaware?

When you are facing a DUI in Delaware, you may underestimate its impact on your life. You may believe it easier to go through the legal motions to get the process over with and move on.

However, doing so can have far-reaching consequences in all areas of your life. Once you are familiar with them, you may realize the importance of having a criminal defense attorney by your side to try to reduce the effects of a DUI.

3 dangerous mistakes to avoid when driving in the rain

It has already started raining here in Wilmington, and it is going to continue as we enter fall and winter. This might seem like no big deal, but it can actually have a huge impact on your safety. According to the National Highway Traffic Safety Administration (NHTSA), wet weather requires you to take special care while driving

However, because rain is normal and expected, you might make some mistakes while driving in the rain. Small errors can make it more likely for you to get into an accident. Below is a list of the most costly driving mistakes you should avoid during wet weather conditions. 

Steps to take after a car accident

A car accident is not something you plan for. In fact, it's usually quite the opposite; most drivers do what they can to avoid getting into an accident. Unfortunately for some, accidents are unavoidable. So when they do happen, it's best to be prepared.

What's the first thing you should do after an accident?

Defenses to DUI charges in Delaware

Drunk driving charges are not to be taken lightly. Even if it's only your first offense, a conviction could mean losing your driver's license for up to a year, paying hefty fines and taking required driving classes. A second or later offense could mean jail time and more penalties.

Not only is your freedom on the line if you are charged with a DUI in Delaware, but a conviction could impact your future in terms of being able to drive to work or school. Depending on the severity of the charge and the type of work you do, it could also impact your ability to get a new job or attain a professional license.

Fault and compensation for Delaware car accidents

Whether you're commuting to work or school, or piling into the minivan for a family vacation, driving a car is a regular part of life for most Americans. We spend so much time in our cars that they now feature Wi-Fi, satellite radio and even TV screens. Sometimes, the more familiar something gets, the more likely we are to let down our guard.

In driving, a momentary lapse of attention can have serious consequences. Traffic deaths increased measurably in 2016, and studies show that most traffic accidents come from human error, not weather or malfunctioning machinery. Drivers need to be more careful on the road, and drivers who were following safe driving practices shouldn't have to suffer for the mistakes of others.

The nursing home resident's rights

Convincing your parents they need to be cared for by professional staff at a nursing home is a difficult conversation. You will have concerns about their general wellbeing, especially given regular reports of elder abuse. Considering 1 in 10 seniors over the age of 60 have experienced some type of abuse, it's no wonder you are nervous about placing a loved one in a long-term care facility.

Mom or dad on the other hand, may have similar concerns about their care and the risks of potential abuse or suffering an injury away from home. When you research nursing homes, you can and should ask how the facility plans for and responds to such incidents. You can also put your parents' minds at ease by letting them know they have a right to continue seeking care from their regular doctor. 


Michael C. Heyden Law Office
1201 North King Street, Suite B
Wilmington, DE 19801

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Phone: 302-416-4695
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