A divorce usually takes place between a husband and wife over some misunderstandings, extra marital affairs or just because they can't tolerate each other. Sometimes, the divorce proceedings take months where there is lots of emotional and psychological pain the family has to face. And to top it off, there is the high financial costs for the divorce to take place. The lawyers charge high fees, and the never ending process of divorce denotes the excess need of lawyers for a longer time.
However, if and when the parties are ready to negotiate with the legal proceedings, they don't have to suffer a painful process in the divorce. There is a less painful and less expensive option to the court proceedings. And this alternative is called mediation and is a more civil and less emotional process to reach a divorce settlement.
In divorce mediation, both the parties undergo a legal process, like all other divorce cases. However, the difference here is that there is a trained and impartial third party, San Diego divorce attorney, who offers his or her services in the form of advice and assistance so that they can help the couple reach a mutual understanding. This does not mean that the two parties forsake the services of their divorce lawyers. They still do need the help of their respective lawyers through whom they are informed of all the specific legal procedures. This way there is no chance of any misunderstanding occurring; and with this, there is a better chance of reaching a mutual agreement with the help of mediation. Divorce mediation is actually a better choice for a couple seeking divorce as the stress and the cost that is involved in legal battles are avoided by the couple.
Sphere: Related Content
Monday, December 14, 2009
Monday, October 26, 2009
Most Common Accidents on Public Property and Your Legal Rights
Have you or a loved one had an accident on public property? If you aren’t sure what the term “public property” encompasses, any property that is owned by the government (federal, state, community) is called public property. This includes public libraries, parks, pathways and government buildings. Some of the most common accidents on public property include slips, trips and falls.
Slips, Trips and Falls
According to the Center for Disease Control and Prevention in 2004, unintentional falls were the leading cause of nonfatal injuries treated in Hospital Emergency Departments in the US. Every year, about 35-40% of adults over the age of 65 fall at least once. “By 2020, the annual direct and indirect cost of fall injuries is expected to reach $54.9 billion (in 2007 dollars).” [Reference: Englander F, Hodson TJ, Terregrossa RA. Economic dimensions of slip and fall injuries. Journal of Forensic Science 1996;41(5):733–46]
The outcomes that are linked to falls include bruises, fractures, head traumas, and traumatic brain injuries (TBI). Common fractures from slips, trips and falls include:
• Spine
• Forearm
• Leg
• Ankle
• Pelvis
• Upper Arm
• Hand
• Hip
Reducing fall hazards is a responsibility shared by both public and private property owners. Injuries at public properties can be prevented. Proper housekeeping in walking areas is important for fall prevention. Keeping paths obstacle-free is a big step toward minimizing slips and trips. Adequate lighting is another contributing factor for safety in avoiding fall injuries. Temporary vision problems can happen when you move from a light to dark area. A person can easily slip on a liquid spill or trip over an obstacle if their vision is hampered. Using slip-resistant materials on stairs and ramps is another way to help prevent someone from a slip, trip or fall injury.
If you or a loved one has experienced a slip, trip or fall, make sure you seek medical attention as soon as possible. If you suffer injuries and are seeking compensation and medical reimbursement, consult a personal injury attorney.
This article is brought to you by the Sacramento personal injury law firm Teal Montgomery & Henderson.
Sphere: Related Content
Wednesday, September 30, 2009
What to Bring when you Meet an Accident Attorney
When you meet with the attorney for the initial consultation of your NYC accident injury case it is important that you come prepared. If you are proactive and keep your attorney up to date, your NYC accident litigation will be less nerve-racking and meetings with your attorney will be more efficient. The following is a list of documents you should provide to your NYC accident attorney at your free initial consultation.
• Police reports
• Hospital bills
• All your files regarding the other party and any relating correspondence
• All insurance policies
• Documentation relating to any product at issue; like purchase orders or receipts
• Tax returns and financial statements
• Canceled checks and bills or invoices
• Files from previous litigation
• Files from previous attorneys
In NYC, it is important to be prepared to discuss your financial and personal circumstances with your attorney as they might affect the accident lawsuit. It is also important to stay in constant communication throughout the proceedings so that your attorney is apprised of your situation. In many cases a simple omission could make a significant impact to your accident case so be careful to follow the advice of doctors as well as your attorney and any authorities involved in your case.
This article was provided courtesy of the NYC accident lawyers at the Jacob Fuchsberg Law Firm. Sphere: Related Content
• Police reports
• Hospital bills
• All your files regarding the other party and any relating correspondence
• All insurance policies
• Documentation relating to any product at issue; like purchase orders or receipts
• Tax returns and financial statements
• Canceled checks and bills or invoices
• Files from previous litigation
• Files from previous attorneys
In NYC, it is important to be prepared to discuss your financial and personal circumstances with your attorney as they might affect the accident lawsuit. It is also important to stay in constant communication throughout the proceedings so that your attorney is apprised of your situation. In many cases a simple omission could make a significant impact to your accident case so be careful to follow the advice of doctors as well as your attorney and any authorities involved in your case.
This article was provided courtesy of the NYC accident lawyers at the Jacob Fuchsberg Law Firm. Sphere: Related Content
Wednesday, September 23, 2009
Can Grandparents Sue for Custody?
Can grandparents sue for custody in Texas? The short answer is, “Yes,” but the burden of proof rests on the grandparents and is not easy to establish. The types of rights for which grandparents may sue are custody and visitation.
Custody Rights
Custody rights are the legal rights and obligations with respect to assuming the full-time parenting and raising of minor children, usually defined as children under the age of eighteen. If parents are deemed to be a danger to their child, for example, or are not willing to voluntarily surrender custody to the grandparents, the court may make a ruling based on the best interests of the child. Typically, grandparents are allowed to petition the court for custody if the child has already lived with them for at least six months and they file within 90 days of the date the child moved out of their home.
While it is unusual for grandparents to be awarded custody over one or both parents, the grandparents may sue for primary or sole physical custody of the child if there is an emergency situation that threatens the health and safety of the child or they have evidence that the child would be better off living with them than the parents. Some situations that may prompt grandparents to sue for custody include:
• The parents are themselves underage
• Neither parent can afford to support the child
• Both parents have a documented history of abusing or neglecting the child
• The parents voluntarily choose to give custody of their child to the grandparents
Visitation Rights
Visitation involves a court-established schedule of days and times that the grandchildren are to spend with their grandparents. In some states, like Texas, the law does not provide grandparents with automatic visitation rights, but they can be granted access if the court is petitioned, neither parent objects, and there is no reason to believe that such visits would be detrimental to the child’s physical, mental, or emotional health and well-being.
If you are a grandparent and believe that it would be in your grandchild’s best interests to have regular visits from you, or even move in with you on a full-time basis, you should contact an attorney with experience in family law. Be prepared – you may be facing quite a challenge when it comes to gaining custody of your grandchildren and will need all the legal advice you can get.
Article provided courtesy of Robert Reid McInvale, a Child Custody Attorney in Houston. Sphere: Related Content
Custody Rights
Custody rights are the legal rights and obligations with respect to assuming the full-time parenting and raising of minor children, usually defined as children under the age of eighteen. If parents are deemed to be a danger to their child, for example, or are not willing to voluntarily surrender custody to the grandparents, the court may make a ruling based on the best interests of the child. Typically, grandparents are allowed to petition the court for custody if the child has already lived with them for at least six months and they file within 90 days of the date the child moved out of their home.
While it is unusual for grandparents to be awarded custody over one or both parents, the grandparents may sue for primary or sole physical custody of the child if there is an emergency situation that threatens the health and safety of the child or they have evidence that the child would be better off living with them than the parents. Some situations that may prompt grandparents to sue for custody include:
• The parents are themselves underage
• Neither parent can afford to support the child
• Both parents have a documented history of abusing or neglecting the child
• The parents voluntarily choose to give custody of their child to the grandparents
Visitation Rights
Visitation involves a court-established schedule of days and times that the grandchildren are to spend with their grandparents. In some states, like Texas, the law does not provide grandparents with automatic visitation rights, but they can be granted access if the court is petitioned, neither parent objects, and there is no reason to believe that such visits would be detrimental to the child’s physical, mental, or emotional health and well-being.
If you are a grandparent and believe that it would be in your grandchild’s best interests to have regular visits from you, or even move in with you on a full-time basis, you should contact an attorney with experience in family law. Be prepared – you may be facing quite a challenge when it comes to gaining custody of your grandchildren and will need all the legal advice you can get.
Article provided courtesy of Robert Reid McInvale, a Child Custody Attorney in Houston. Sphere: Related Content
Wednesday, September 2, 2009
Understanding Different Types of Bankruptcy
Bankruptcy is the possibility, under federal law, for an individual or business entity to liquidate debts, eliminate debts, or work out a payment plan to pay some or all of their debts over a period of time. Bankruptcy contemplates the meeting of debtor (the person who or entity which files for bankruptcy) and creditors under the structure of the bankruptcy laws to give the debtor the opportunity to obtain a “fresh start” without the overwhelming pressure of pre-existing debt.
Businesses may file for bankruptcy with one of two options for emerging from bankruptcy. The first is liquidation, a winding up and closing of the business. In that case, all of the assets and liabilities of the debtor (the entity that files for bankruptcy) are listed, and with the filing of the petition for bankruptcy, all creditors are informed of the filing as well as the total assets and liabilities of the debtor. At the end of the liquidation process, the debtor is no longer in business. The other type of bankruptcy for businesses contemplates reorganization. At the end of the reorganization process in the bankruptcy court, the business emerges to continue operations.
For individuals, the bankruptcy process provides the “honest but unfortunate debtor” with the opportunity for a fresh start. Under Chapter 7 of the Bankruptcy Code, individual debtors who qualify under the “means test” set forth in the Code may discharge certain debts. The debts are paid from the proceeds of a sale of certain types of property (“non-exempt” property) by to a trustee appointed by the Bankruptcy Court. Some debts, such as criminal fines or child support, may not be discharged.
Individuals may also file for bankruptcy under Chapter 13, which provides the opportunity to restructure debt and extend payment terms over a period of years. It is important to note that while Chapter 11 will operate to stop a foreclosure, Chapter 7 does not.
The bankruptcy laws are complex, and filing for bankruptcy has ramifications that must be considered prior to filing. If you contemplate filing for bankruptcy, contact an attorney.
Information provided courtesy of the Long Beach Bankruptcy Attorneys at Claveran Law Firm Sphere: Related Content
Businesses may file for bankruptcy with one of two options for emerging from bankruptcy. The first is liquidation, a winding up and closing of the business. In that case, all of the assets and liabilities of the debtor (the entity that files for bankruptcy) are listed, and with the filing of the petition for bankruptcy, all creditors are informed of the filing as well as the total assets and liabilities of the debtor. At the end of the liquidation process, the debtor is no longer in business. The other type of bankruptcy for businesses contemplates reorganization. At the end of the reorganization process in the bankruptcy court, the business emerges to continue operations.
For individuals, the bankruptcy process provides the “honest but unfortunate debtor” with the opportunity for a fresh start. Under Chapter 7 of the Bankruptcy Code, individual debtors who qualify under the “means test” set forth in the Code may discharge certain debts. The debts are paid from the proceeds of a sale of certain types of property (“non-exempt” property) by to a trustee appointed by the Bankruptcy Court. Some debts, such as criminal fines or child support, may not be discharged.
Individuals may also file for bankruptcy under Chapter 13, which provides the opportunity to restructure debt and extend payment terms over a period of years. It is important to note that while Chapter 11 will operate to stop a foreclosure, Chapter 7 does not.
The bankruptcy laws are complex, and filing for bankruptcy has ramifications that must be considered prior to filing. If you contemplate filing for bankruptcy, contact an attorney.
Information provided courtesy of the Long Beach Bankruptcy Attorneys at Claveran Law Firm Sphere: Related Content
Wednesday, August 12, 2009
Good Practices When Preparing for Divorce
When couples have reached the point of a divorce, separation for an extended period of time has come and gone. All the resources available to couples in a troubled marriage should have been used, including seeking the advice of a marriage counselor.
Before a divorce proceeding takes place, property division is a necessity. Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult a law firm in the state your reside, for instance a Houston Family Law Attorney in Texas .
A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.
When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process. Sphere: Related Content
Before a divorce proceeding takes place, property division is a necessity. Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult a law firm in the state your reside, for instance a Houston Family Law Attorney in Texas .
A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.
When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process. Sphere: Related Content
Friday, July 17, 2009
Filing Class Action Suit Against Debt Collectors
In California, debt collection companies do not have to register for a license nor are they subject to state financial regulators. In other states they do. As a result, there is nothing to prevent a debt collection company from setting up operations in California or in states with like arrangements and to engage in unscrupulous collection tactics without concern for any consequence from a governing agency or board. They are however, subject to the Fair Debt Collection Practices Act (FDCPA) and can be sued by the individual consumer who has been subject to their abuses. The consumer can also report them to the state Attorney General’s office, and with enough reports on file, action may be taken by the Attorney General’s office.
The individual consumer can stop an abusive debt collector dead in their tracks with an attorney well versed in the Fair Debt Collection Practices Act. If a collection agency has policy and practices across the boards that violate consumer rights under the FDCPA, and given the right circumstances, a California class action lawsuit can be brought against that company which can have the net effect of putting it out of business all together.
No one can stop these vicious, abusive debt collectors unless the abused consumer reports thes abuse to a consumer advocate who focuses on Fair Debt Collection Practices claims.
Once these abusive debt collection agencies have been forced to close their doors, they can open up again the very next day. This is basically true of any business that has been incorporated, or formed as a limited liability company. The same executives that operated a scandalous collection agency can turn around and form a new company and begin all over again. If they were required to be licensed, their history as collectors would no doubt come into play as the state was deciding whether or not to allow to them to open for new business. Sphere: Related Content
The individual consumer can stop an abusive debt collector dead in their tracks with an attorney well versed in the Fair Debt Collection Practices Act. If a collection agency has policy and practices across the boards that violate consumer rights under the FDCPA, and given the right circumstances, a California class action lawsuit can be brought against that company which can have the net effect of putting it out of business all together.
No one can stop these vicious, abusive debt collectors unless the abused consumer reports thes abuse to a consumer advocate who focuses on Fair Debt Collection Practices claims.
Once these abusive debt collection agencies have been forced to close their doors, they can open up again the very next day. This is basically true of any business that has been incorporated, or formed as a limited liability company. The same executives that operated a scandalous collection agency can turn around and form a new company and begin all over again. If they were required to be licensed, their history as collectors would no doubt come into play as the state was deciding whether or not to allow to them to open for new business. Sphere: Related Content
Monday, July 13, 2009
Settling a Thriller Estate in California
And the battle begins…..
When the will and trust of a celebrity like Michael Jackson become headlines, it’s a great reminder to the rest of us to get a good estate plan in place and keep it in place. The controversy about whether he had a will or not, whether he had a trust or not and who has a copy of the latest will or trust has just begun. Jackson’s family will probably be entrenched in court debates about his intentions, his capacity and the existence of conflicting estate planning documents for years. The certainty in this upcoming circus is that the lawyers involved will prosper. The probate code requires their fees to be paid before the beneficiaries or the creditors of the estate get paid. Only tax liabilities have priority over the attorneys getting paid.
Most of us will never be front page news, but the risk of this type of nightmare is very real if you do not take steps to prevent it. Having a will is good. It tells the world (literally, since it must be lodged with the court upon your death, and thereby becomes public information) how you want to dispose of your assets and who you want to be the guardians of your minor children. Even better is having a trust so that your family will not have to deal with your assets going through probate. Instead, they will be able to settle your affairs in a much more private, speedy and confidential manner.
Avoiding probate is probably the number one reason people come to visit Generations and speak with our Sacramento estate planning attorneys about having a trust done for them. We have helped many of the “superstars” of Sacramento create trusts that allow their families to settle their estate without the prying eyes of the ever-curious public. Should your privacy be any less protected?
Do not leave your family without the power to distribute your assets in a timely and private manner. If you fail to do so, only the lawyers will prosper.
Please contact our Sacramento estate planning attorneys today to discuss how best to secure your estate and to ensure it is passed on to those who matter most to you. Sphere: Related Content
When the will and trust of a celebrity like Michael Jackson become headlines, it’s a great reminder to the rest of us to get a good estate plan in place and keep it in place. The controversy about whether he had a will or not, whether he had a trust or not and who has a copy of the latest will or trust has just begun. Jackson’s family will probably be entrenched in court debates about his intentions, his capacity and the existence of conflicting estate planning documents for years. The certainty in this upcoming circus is that the lawyers involved will prosper. The probate code requires their fees to be paid before the beneficiaries or the creditors of the estate get paid. Only tax liabilities have priority over the attorneys getting paid.
Most of us will never be front page news, but the risk of this type of nightmare is very real if you do not take steps to prevent it. Having a will is good. It tells the world (literally, since it must be lodged with the court upon your death, and thereby becomes public information) how you want to dispose of your assets and who you want to be the guardians of your minor children. Even better is having a trust so that your family will not have to deal with your assets going through probate. Instead, they will be able to settle your affairs in a much more private, speedy and confidential manner.
Avoiding probate is probably the number one reason people come to visit Generations and speak with our Sacramento estate planning attorneys about having a trust done for them. We have helped many of the “superstars” of Sacramento create trusts that allow their families to settle their estate without the prying eyes of the ever-curious public. Should your privacy be any less protected?
Do not leave your family without the power to distribute your assets in a timely and private manner. If you fail to do so, only the lawyers will prosper.
Please contact our Sacramento estate planning attorneys today to discuss how best to secure your estate and to ensure it is passed on to those who matter most to you. Sphere: Related Content
Tuesday, June 30, 2009
Learn the Details of Finding a Divorce Attorney
Divorce refers to the dissolution or the legal end of a marriage. Every state has its own legal requirements governing when a divorce may be granted. These legal requirements may include a residency requirement, grounds or a reason for the divorce, among others.
The grounds for divorce may vary from being fault-based and no-fault based. All these requirements vary from state to state, so contact a firm in your state for more details like New Jersey attorneys familiar with the Bergen County divorce process or a Las Vegas family court lawyer. Certain exceptions like ‘Irreconcilable Differences’ and ‘Irretrievable Breakdown’ are common no-fault grounds for divorce in almost all states. Your divorce could be the most important financial decision in life, as well as one of the most nerve wrecking. In such a circumstance, the key person who can see you through this is a divorce attorney.
The divorce attorney helps you in making extremely important financial and emotional decisions like child custody, property divisions etc. You must choose a attorney well versed and specializing in Family Law.
When you first meet the attorney, give all case facts. The fee quoted by the person will be a rough approximate as the amount of legal work involved is not very clear. Usually, they charge by the hour, and a retainer fee as an advance payment may be desired by the attorney. You are at liberty to interview a few attorneys before choosing one to represent you in court.
To be on the safe side, it's a good idea to enquire from the attorneys the following facts:
• The relevant experience in Family Law and number of years of practice in this field.
• Steps involved in the divorce process.
• Filing fee and the fee that any additional legal assistants employed will ask for.
• Inquire about the Retainer Agreement policy of the attorney/firm.
• Billing cycle of the attorney.
A good attorney will answer all queries, and will try to address any concerns that you may have about legal implications or your case in general.
Once you and your spouse start the proceedings, do not sign any paper for your partner without express knowledge of your divorce attorney. Litigation and negotiations are little subjective so ask your attorney about his/her policy in this matter.
A good divorce attorney is invaluable to your case, so you should choose one carefully. Once you place your trust in a attorney, do it completely and assist them. After all, it is your own life. Sphere: Related Content
The grounds for divorce may vary from being fault-based and no-fault based. All these requirements vary from state to state, so contact a firm in your state for more details like New Jersey attorneys familiar with the Bergen County divorce process or a Las Vegas family court lawyer. Certain exceptions like ‘Irreconcilable Differences’ and ‘Irretrievable Breakdown’ are common no-fault grounds for divorce in almost all states. Your divorce could be the most important financial decision in life, as well as one of the most nerve wrecking. In such a circumstance, the key person who can see you through this is a divorce attorney.
The divorce attorney helps you in making extremely important financial and emotional decisions like child custody, property divisions etc. You must choose a attorney well versed and specializing in Family Law.
When you first meet the attorney, give all case facts. The fee quoted by the person will be a rough approximate as the amount of legal work involved is not very clear. Usually, they charge by the hour, and a retainer fee as an advance payment may be desired by the attorney. You are at liberty to interview a few attorneys before choosing one to represent you in court.
To be on the safe side, it's a good idea to enquire from the attorneys the following facts:
• The relevant experience in Family Law and number of years of practice in this field.
• Steps involved in the divorce process.
• Filing fee and the fee that any additional legal assistants employed will ask for.
• Inquire about the Retainer Agreement policy of the attorney/firm.
• Billing cycle of the attorney.
A good attorney will answer all queries, and will try to address any concerns that you may have about legal implications or your case in general.
Once you and your spouse start the proceedings, do not sign any paper for your partner without express knowledge of your divorce attorney. Litigation and negotiations are little subjective so ask your attorney about his/her policy in this matter.
A good divorce attorney is invaluable to your case, so you should choose one carefully. Once you place your trust in a attorney, do it completely and assist them. After all, it is your own life. Sphere: Related Content
Tuesday, June 2, 2009
Getting Personal Injury Lawsuit Representation
If you have been hurt or injured in some way you may be considering consulting a personal injury lawyer to collect damages. If your injuries are the result of neglect or the deliberate actions of another, you may have a case for a personal injury lawsuit. There are several different types of personal injury cases, however, and knowing if your situation meets the criteria is a good start.
One of the most common types of personal injury lawsuits are due to car accidents. There are so many different reasons for auto accidents that you really need a personal injury attorney to review your case as soon as possible. It may seem very clear that the other person was at fault, but there are many factors to consider, including:
* Driver distraction or intoxication
* Poorly designed or maintained roads (which may indicate government liability or local maintenance liability)
* Road debris left by other motorists who did not properly maintain their vehicles
* Vehicle defects, including faulty brakes, tires or other mechanical failure
A personal injury lawyer will carefully study the accident report, your account of the accident scene and eyewitness testimony to determine who is at fault and to what degree to make sure you are pursuing your case against the proper individuals or entities.
With so many factors involved in determining what is and isn't a personal injury case and how to determine who is at fault, you should never waste time before contacting a local attorney in the state where the crash occurred, such as an Austin truck accident lawyer in Texas . It can mean the difference between suffering without compensation and having someone on your side to fight for your rights under the law. Sphere: Related Content
Wednesday, May 27, 2009
Understanding a Lawsuit Involving Injury Claims
In car accident lawsuits, a victim seeks compensation for the injuries they have suffered. Compensation can include medical expenses, disability or deformity, loss of income and pain and suffering.
Most car accident lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant 's insurance company and may require help from a local law firm where the accident took place, such as a San Bernardino personal injury attorney in California or a New Jersey personal injury attorney. If negotiations cannot be reached in this manner, a Complaint of Law can be filed in the appropriate civil court.
The laws regarding car accident lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when car accident lawsuits can be filed. In car accident lawsuits, two things must be proven by the victim.
The first thing that must be established is that the defendant was, in fact, responsible for the injuries that were incurred by the victim. The extent of the damages also must be proven in car accident lawsuits.
A car accident case is governed by tort law which protects individuals from civil wrongs committed by another, either intentionally or as a result of negligence. car accident settlements can include compensatory damages and punitive damages.
Compensatory damages in car accident settlements are intended to place a victim in the same position they were in before the injury. car accident settlements may be possible in three different types of car accident that occur in a variety of circumstances.
car accident claims can be filed for negligence, where victims are injured because the responsible party failed to prevent injury.
An experienced and qualified car accident attorney protects the rights and interests of the injured victims and works to insure that they are justly compensated in car accident settlements. Sphere: Related Content
Most car accident lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant 's insurance company and may require help from a local law firm where the accident took place, such as a San Bernardino personal injury attorney in California or a New Jersey personal injury attorney. If negotiations cannot be reached in this manner, a Complaint of Law can be filed in the appropriate civil court.
The laws regarding car accident lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when car accident lawsuits can be filed. In car accident lawsuits, two things must be proven by the victim.
The first thing that must be established is that the defendant was, in fact, responsible for the injuries that were incurred by the victim. The extent of the damages also must be proven in car accident lawsuits.
A car accident case is governed by tort law which protects individuals from civil wrongs committed by another, either intentionally or as a result of negligence. car accident settlements can include compensatory damages and punitive damages.
Compensatory damages in car accident settlements are intended to place a victim in the same position they were in before the injury. car accident settlements may be possible in three different types of car accident that occur in a variety of circumstances.
car accident claims can be filed for negligence, where victims are injured because the responsible party failed to prevent injury.
An experienced and qualified car accident attorney protects the rights and interests of the injured victims and works to insure that they are justly compensated in car accident settlements. Sphere: Related Content
Wednesday, May 6, 2009
Consumer Rights Involving Defective Products
Defects may occur in any products made by manufacturers or producers. These may vary from simple flaw in constructing a chair to error in creating an electronic appliance that made it explode after some time of usage.
Product defects may be categorized depending on what phase of manufacturing or handling an item has acquired such deficiency.
• Design defects – occur even before a product has been created or in the planning stage. Usually, this type of defects arises due the manufacturer’s objective to develop a product, which is more appealing to the eyes of the consumers so that they will more likely buy the product. Consequently, some safety standards are being disregarded in the design.
• Manufacturing defects – occur in the actual stages of product assembly or production. Whether a product design is being done manually or machine aided, problems and mistakes cannot be completely avoided.
This is the reason why product testing is always necessary for manufacturing companies to ensure that all their items passed under a strict safety standards. Failure to implement such may result to more troubles if the government has issued a recall order.
• Marketing defects – occur in the stage of selling or distributing the products. Even though a particular item has been proven free of any manufacturing defects, improper delivery or handling may damage the products. This specific mistake is under the responsibility of the distributor or the seller of the goods.
The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product and allows to file their lawsuits against the company, wholesalers or retailers that manufactured or distributed it, depending on the type of defects seen on the product.
Since the actual filing of a product liability claim involves many complicated matters, it is always advisable to hire the assistance of a qualified lawyer who has the expertise in handling this particular type of case. If the defect appears to be in an entire line of a product, a California defective product attorney may be able to file a class action suit against the manufacture to allow multiple victims to be eligible to receive compensation for injuries and reimbursement for repairs and/or replacements. Sphere: Related Content
Product defects may be categorized depending on what phase of manufacturing or handling an item has acquired such deficiency.
• Design defects – occur even before a product has been created or in the planning stage. Usually, this type of defects arises due the manufacturer’s objective to develop a product, which is more appealing to the eyes of the consumers so that they will more likely buy the product. Consequently, some safety standards are being disregarded in the design.
• Manufacturing defects – occur in the actual stages of product assembly or production. Whether a product design is being done manually or machine aided, problems and mistakes cannot be completely avoided.
This is the reason why product testing is always necessary for manufacturing companies to ensure that all their items passed under a strict safety standards. Failure to implement such may result to more troubles if the government has issued a recall order.
• Marketing defects – occur in the stage of selling or distributing the products. Even though a particular item has been proven free of any manufacturing defects, improper delivery or handling may damage the products. This specific mistake is under the responsibility of the distributor or the seller of the goods.
The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product and allows to file their lawsuits against the company, wholesalers or retailers that manufactured or distributed it, depending on the type of defects seen on the product.
Since the actual filing of a product liability claim involves many complicated matters, it is always advisable to hire the assistance of a qualified lawyer who has the expertise in handling this particular type of case. If the defect appears to be in an entire line of a product, a California defective product attorney may be able to file a class action suit against the manufacture to allow multiple victims to be eligible to receive compensation for injuries and reimbursement for repairs and/or replacements. Sphere: Related Content
Friday, April 10, 2009
Find an Injury Attorney in the State the Accident Occurred
We’ve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person’s actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.
If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim. As laws can vary from state to state, consult an attorney in the state the accident occurred, like a Florida Injury Lawyer or Jacksonville Injury Attorneys if the accident happened in the Sunshine State.
Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.
The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.
The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.
Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death. Sphere: Related Content
If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim. As laws can vary from state to state, consult an attorney in the state the accident occurred, like a Florida Injury Lawyer or Jacksonville Injury Attorneys if the accident happened in the Sunshine State.
Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.
The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.
The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.
Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death. Sphere: Related Content
Friday, March 27, 2009
Personal Injury Lawyers Can Help You Determine Your Claim's Worth
The only way to determine whether or not your personal injury is a result of the negligence of others is to consult with a law group in the state the injury happened, for instance a Los Angeles personal injury lawyer in California or a Washington state personal injury attorney. If you've been subject to personal injury, without question your first priority is to get medical attention for your injuries. This means you don't have to worry about covering the cost of a new loan unless you receive your settlement. Many personal injuries lawyers offer assistance finding litigation financing loans, which allow you to have money you need for bills and other costs when you need it. The guidance you will receive from specialized personal injury lawyers will be immeasurable because of the knowledge they have acquired from years of real-life legal experience and skill.
Personal injury can constitute a variety of injuries. Most of these funding companies also extend the guarantee that you don't have to repay the loan if your claim is not won in court. If this is the case, you may be worried about how your medical fees and other expenses are going to be paid while you're waiting for your settlement check to come. But after the wounds have begun to heal, what's the next step in resolving your experience? Because there are so many victims of personal injury, it's no wonder that there are many attorneys and law groups that specialize in personal injury claims and settlements.
Many people find it difficult or impossible to work following a personal injury. These injuries might occur at home, at work, in public places, and elsewhere. This amount will vary depending on the injuries you have sustained, making it critical for you to have a practiced personal injury lawyer there to help. Many times, whether visibly blatant or not, these injuries can be due to the negligence of others around you. Thousands of people fall prey to personal injury each year in every state of the country.
As you are consulting with your attorney or law group, you will be informed of your rights as the victim of personal injury. If you have indeed been injured because of the carelessness of a second party, it is important for you to be aware of what claims you could be granted because of your injury. When your settlement is won, however, it's easy to use those payments to repay the loan you borrowed from your case. Your lawyer will also be able to wisely and accurately determine how much you deserve in your settlement. Another important step you must take in resolving your personal injury is speaking with a reputable and reliable personal injury lawyer whose legal advice and counsel can be invaluable to your case. Sphere: Related Content
Personal injury can constitute a variety of injuries. Most of these funding companies also extend the guarantee that you don't have to repay the loan if your claim is not won in court. If this is the case, you may be worried about how your medical fees and other expenses are going to be paid while you're waiting for your settlement check to come. But after the wounds have begun to heal, what's the next step in resolving your experience? Because there are so many victims of personal injury, it's no wonder that there are many attorneys and law groups that specialize in personal injury claims and settlements.
Many people find it difficult or impossible to work following a personal injury. These injuries might occur at home, at work, in public places, and elsewhere. This amount will vary depending on the injuries you have sustained, making it critical for you to have a practiced personal injury lawyer there to help. Many times, whether visibly blatant or not, these injuries can be due to the negligence of others around you. Thousands of people fall prey to personal injury each year in every state of the country.
As you are consulting with your attorney or law group, you will be informed of your rights as the victim of personal injury. If you have indeed been injured because of the carelessness of a second party, it is important for you to be aware of what claims you could be granted because of your injury. When your settlement is won, however, it's easy to use those payments to repay the loan you borrowed from your case. Your lawyer will also be able to wisely and accurately determine how much you deserve in your settlement. Another important step you must take in resolving your personal injury is speaking with a reputable and reliable personal injury lawyer whose legal advice and counsel can be invaluable to your case. Sphere: Related Content
Wednesday, March 4, 2009
Basic Estate Planning in California
Estate planning is planning to ensure that your final property and health care wishes are honored and that loved ones are provided for in your absence. The estate planning process should begin with you explaining to your estate planning attorney in Sacramento what you want to happen to your assets during your lifetime and at your death, then exploring the different options in which to accomplish your goals.
During your initial consultation with an attorney, you may be asked to complete a questionnaire in which you list in detail your assets and describe your family structure. You should be prepared before you consult with your attorney because your estate plan is not a one size fits all type of product. You are in control of the way your assets are distributed and the family members or loved ones who will receive your property. Be sure to discuss your goals with your attorney. If your attorney does not know what is important to you, he or she will not be able to establish an estate plan that accomplishes your goals.
Your estate is made up of all of the assets that you own at your death. Your estate consists of real and personal property. Real property includes land, improvements to land and oil, gas and mineral interests. Personal property includes all property that is not real property. Some examples of personal property are: cash and bank accounts, clothing and personal effects, household furnishings, vehicles, stocks and bonds, life insurance policies, and retirement benefits.
The development of a well drafted, well thought out estate plan takes preparation by you and good communication with your estate planning attorney. It cannot be stressed enough the importance of defining your goals and clearly stating those goals to your attorney. Sphere: Related Content
During your initial consultation with an attorney, you may be asked to complete a questionnaire in which you list in detail your assets and describe your family structure. You should be prepared before you consult with your attorney because your estate plan is not a one size fits all type of product. You are in control of the way your assets are distributed and the family members or loved ones who will receive your property. Be sure to discuss your goals with your attorney. If your attorney does not know what is important to you, he or she will not be able to establish an estate plan that accomplishes your goals.
Your estate is made up of all of the assets that you own at your death. Your estate consists of real and personal property. Real property includes land, improvements to land and oil, gas and mineral interests. Personal property includes all property that is not real property. Some examples of personal property are: cash and bank accounts, clothing and personal effects, household furnishings, vehicles, stocks and bonds, life insurance policies, and retirement benefits.
The development of a well drafted, well thought out estate plan takes preparation by you and good communication with your estate planning attorney. It cannot be stressed enough the importance of defining your goals and clearly stating those goals to your attorney. Sphere: Related Content
Friday, February 6, 2009
Have You Been Injured On A Boat While Working
The hiring of a maritime lawyer in Charleston is a actual important decision. There are abounding individuals who action acknowledged casework of this type, and as with best careers, some of these bodies are added able to advice with a specific case than others. Finding the appropriate amphibian abrasion advocate can sometimes be difficult because of the choices and options that are out there. Some analysis should be done back because the hiring of a lawyer, because a being wants to accomplish abiding that he or she locates the best being for the job. Best bodies abject this on experience, but there are added issues that can be advised as well.
One of the means that a being who has been afflicted at sea can acquisition a acceptable amphibian blow advocate is to ask around. If others accept acclimated a lawyer's casework afterwards a baiter blow or some added amphibian problem, these bodies can advice a being who needs abetment to accomplish a astute best amid the attorneys available. Often, this affectionate of advice is needed, because advertisements for attorneys accomplish them all complete as admitting they are equal. Naturally, this is not the case, but abounding bodies are bamboozled in this way.
As with any added profession, one adopted oil rig blow advocate ability accept added acquaintance or apprenticeship than addition amphibian abrasion lawyer, and because of that a being would appetite to analyze added abilities and abilities as well, so that he or she can aces the advocate that is best ill-fitted for the case that needs to be undertaken. Once a amphibian abrasion advocate is absitively upon, he or she can again booty a added austere attending at the case, actuate absolutely how the victimized affair was afflicted at sea, and assignment against a assurance of the bulk of advantage that would be fair and just.
Whether the case goes to balloon or is artlessly acclimatized out of court, a amphibian abrasion advocate can adviser an afflicted being through the action and advice accommodate the often-confusing acknowledged battlefield. Whether the being is a victim of a simple baiter blow or a added circuitous adopted oil rig malfunction, a amphibian blow advocate will be able to acquaint the being the likelihood of acceptable the case, how abundant advantage he or she ability be able to expect, and added capacity that ability be actual adopted to the victimized individual, abnormally if he or she has no acquaintance with acknowledged proceedings. This makes the amphibian abrasion advocate a astute best for anyone afflicted at sea.
Sphere: Related ContentTuesday, January 27, 2009
If You Are Caught Drunk Driving You Need A Lawyer
The actual moment you get your car is additionally the moment you assurance on to obey the bend of alley laws out there. One of these laws is the Driving Under the Influence Law or DUI, additionally accepted as Driving While Intoxicated (DWI). Altered states accept altered definitions of this law but the best important affair to apperceive is DUI law is the one car owners best frequently violate.
Car accidents due to bashed active accept added in numbers over the year and no amount how austere or allowing the DUI laws are in your state, the after-effects are all the same: astringent and life-changing.
If you accept been accused of breaking a DUI law in California, you can acquisition a Los Angeles driving while intoxicated attorney that specializes in such things to advice you with your case. DUI attorneys in your breadth can be begin online and family, friends, or alluringly a ancestors lawyer, can additionally accredit you.
Each accompaniment has a altered acknowledged absolute for blood alcohol content level (BAC). But in general, if a motorist’s BAC exceeds .08%, he or she is actionable DUI law. Depending on the situation, those bedevilled of bashed active can abide punishments that ambit from a abeyance or abolishment of a authorization to a continued break in prison.
The boilerplate consequence, at atomic in blaster states in America, is that those who accept committed DUI offenses are acceptable to drive again, but alone if their cartage are able with agitation interlocks, adult accessories that tests a driver’s animation for booze content.
This accessory requires a disciplinarian to draft into a baby handheld booze sensor that is absorbed to the dashboard. As continued as the driver’s BAC is a acknowledged percentage, again the car will alpha – otherwise, it won’t. Occasionally, the agitation accord will alike analysis a person’s animation while he or she is driving. This able accessory allows bashed active offenders to abide their activity and responsibilities, whilst reminding them of their mistakes and banishment them to drive alone back sober.
Depending on the age of a DUI offender, abuse and sentencing varies. A able DUI advocate can explain any capacity and admonish you on the acknowledged remedies available.
Never alternate to acquaintance a DUI advocate to handle your case; buck in apperception that DUI laws are anxiously geared to captive violators.
Sphere: Related ContentWednesday, January 21, 2009
When Wrongful Death Strikes in New Jersey
In case of wrongful death, those who are financially dependent on the killed person are considered as the victims. Just imagine if the person on whom you depend financially, god forbid, is killed by a road accident won’t you become helpless?
New Jersey law helps such people by empowering them to claim compensation from the guilty party. New Jersey lawyers specialized in handling wrongful death cases can help wrongful death victims in New Jersey get compensated.
It is true that the loss of a near and dear one cannot be compensated, no money is enough to balance the absence of a family member; still, monetary compensation helps surviving members get back on to their normal lifestyle.
To file wrongful death lawsuit in New Jersey court of law, the family members and dependants of the killed person should take help from Ridgewood personal injury attorneys who specialize in wrongful death and can guide them starting from evidence collection to presentation. Along with compensation, the feeling of getting justice reduces emotional suffering.
If you or your acquaintances lose a family member due to irresponsibility and negligence of a third person, do not delay to see personal injury lawyers or wrongful death attorneys in New Jersey. While hiring wrongful death lawyer, make sure you deal with a skilled and experienced attorney. Those with years of experience in representing wrongful death claimants can be of great assistance.
Laws related to wrongful death may vary from state to state. New Jersey lawyers understand the ins and outs of New Jersey wrongful death laws and can ensure success of the case. The members of victim’s family can be relieved by handing over all the legal issues to a competent New Jersey personal injury lawyer. Sphere: Related Content
New Jersey law helps such people by empowering them to claim compensation from the guilty party. New Jersey lawyers specialized in handling wrongful death cases can help wrongful death victims in New Jersey get compensated.
It is true that the loss of a near and dear one cannot be compensated, no money is enough to balance the absence of a family member; still, monetary compensation helps surviving members get back on to their normal lifestyle.
To file wrongful death lawsuit in New Jersey court of law, the family members and dependants of the killed person should take help from Ridgewood personal injury attorneys who specialize in wrongful death and can guide them starting from evidence collection to presentation. Along with compensation, the feeling of getting justice reduces emotional suffering.
If you or your acquaintances lose a family member due to irresponsibility and negligence of a third person, do not delay to see personal injury lawyers or wrongful death attorneys in New Jersey. While hiring wrongful death lawyer, make sure you deal with a skilled and experienced attorney. Those with years of experience in representing wrongful death claimants can be of great assistance.
Laws related to wrongful death may vary from state to state. New Jersey lawyers understand the ins and outs of New Jersey wrongful death laws and can ensure success of the case. The members of victim’s family can be relieved by handing over all the legal issues to a competent New Jersey personal injury lawyer. Sphere: Related Content
Tuesday, January 20, 2009
When Will You Need a Medical Malpractice Lawyer
Medical malpractice occurs when a health care provider who by an action or omission deviates from the accepted norms of practice in medicine leading to injury/ death to a patient.
Many deaths occur due to medical malpractice. A health care provider is not just the doctor or the surgeon but includes nurses, dentists, therapists, hospitals, clinics etc. Medical malpractice law is derived from the general negligence law. Various laws have evolved in the US, England, Australia and other countries, which are similar in concept for control of medical malpractice.
Claims are made for negligence, misdiagnosis, improper medication etc. Claims can even be made where informed consent of the patient is taken. Claims can also be made against corporations, hospitals, clinics for the mistake of their employees based on vicarious liability. The patient has the right to claim economic and non-economic damages.
However in medical malpractice cases, the burden of proof lies with the plaintiff (patient). Hence the patient should hire a good lawyer. Three things have to be proved by the plaintiff:
• The health care provider failed to provide adequate and reasonable care to the patient.
• This failure to provide adequate care to the patient has resulted in damage or loss to the patient.
• The health care provider is liable to pay the damages or loss.
The damages are of two types, compensatory and punitive. Compensatory damages are of two types economic and non-economic damages. Economic damages are monetary losses like, medical care, medicines and loss of wages. These damages can be in the past or future. Non-economic damages are the ones like loss of organ or vision, pain, disfigurement, embarrassment emotional stress etc.
Punitive damages are very rarely awarded. Medical malpractice cases are complicated because when the patient is admitted he is already injured or ill and hence the damage caused by negligent medical care has to be assessed independently of the earlier illness or injury.
A further obstacle in medical malpractice case is that expert witness is to be provided by the plaintiff. Very few doctors are willing to testify against another doctor even when the case of negligent care is clear. On the other hand the defendant lawyers have a pool of doctors to defend the case of negligent medical care. Usually medical malpractice attorney firms provide expert testimony on the care provided by the health care provider. Some medical malpractice lawyer firms provide free case evaluation and take medical malpractice cases on contingent basis that is until the firm wins the case for the client, the client need not pay for the services of the lawyers. In medical malpractice cases it is vital to obtain the medical records as early as possible by the patient or his representative.
Most healthcare providers take medical malpractice insurance. There has been an ongoing debate by doctors and their medical malpractice insurance companies against excessive jury awards. Generally insurance companies rarely go to trial where large penalties are involved. However it must be remembered that the insurance companies and health care providers are willing to fight it out against spurious medical malpractice claims. The procedure for filing a medical malpractice claim varies from state to state.
Sphere: Related ContentTuesday, January 13, 2009
Fighting a DUI Charge in Florida
After being charged with a DUI the first step to resolve the conflict is to create a DUI defense. So in order to do so, you must find Jacksonville DUI lawyers who will then explain to you the DUI law. This is especially important for you to understand the DUI law yourself and not only your lawyer. Having a defense lawyer therefore is an advantage because he or she may very easily explain to you what the steps to the legal process are and how you should counter attack your charge.
By understanding and knowing about DUI law and having found an lawyer, the next step is if necessary attend your scheduled court date. Now in contrast to popular belief, a DUI charge could be acquitted due to invalid procedure. What does this mean? Well during the field sobriety test which was done when the officer pulled you over, may have been done incorrectly. This results in the whole charge being thrown out and having all charges brought open the defense dismissed.
Because of this percentage of high cases which have had improper or invalid procedure while conducting routine field sobriety tests, has cause many cases to be thrown out, there has been an incremental need to find a talented Florida lawyer which will represent you to the fullest. Nevertheless, there is always hope in order to have your DUI charge dismissed, if you need to learn about DUI law find a DUI lawyer. Sphere: Related Content
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