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During Divorce, it is Essential that You have Knowledgeable Legal Representation to Protect Your Rights and Interests

Posted by on Mar 28, 2017

An article in the website of the law firm Marshall & Taylor PLLC, says, “Choosing to end a marriage can be a difficult decision to make, but sometimes, it may be the best option for you and your partner’s situation. Unfortunately, even after this emotionally-wrenching decision has been made, there are likely a variety of different issues, from property division to child custody that will need to be effectively addressed in order for the divorce to be successful and for both partners to begin their new lives apart.

In order to ensure that you reach a fair and equitable settlement for your divorce, it is essential that you have knowledgeable legal representation to protect your rights and interests.” Equally important is the process through which divorce will be settled as this can totally affect divorcing spouses’ attitude towards each other and towards their child/children after they separate. The following are the available ways a marital union may be dissolved:

  • Contested Divorce, also known as litigated divorce, is the traditional way of ending marriage. It is settled in a family court, open to the public and can drag on for months or years depending on the number of divorce-related issues that need to be settled. These issues can include custody of child/children, payment (and amount) of child support and/or spousal support, and division of properties, assets and debts.

Because of its adversarial approach, people who sit in court witness how divorcing spouses discredit one another through their lawyers. In this divorce process, all decisions are made by a judge.

  • Uncontested Divorce. Besides arriving at a settlement without having to go to trial, this divorce procedure is quicker and cheaper compared to contested divorce. Uncontested divorce is a private process. It also does not mean agreeing outrightly about the issues related to divorce, however, if there are disagreements regarding certain issues, then negotiations are made. The main issue about this type of divorce is, despite the disagreements and the need to negotiate, the spouses remain to be in control and are sure to get through everything.
  • Mediated Divorce or Divorce Mediation. This private, out-of-court legal procedure allows spouses to settle all divorce-related issues by themselves. A mediator, who is a neutral third party and who is chosen by the spouses, sits with them to help them reach an agreement. This mediator does not make any decisions regarding any issues – these are made by the spouses themselves. Part of what he or she does is to make sure that the spouses are able to talk and argue openly, but in a way which will not destroy the amicable process which they chose in settling the issues at hand. Though each spouse may or may not be represented by an attorney, who can help them understand the legal matters related to divorce and know if the agreement arrived at is reasonable and worth signing, compared to contested divorce, this process is still much cheaper.
  • Collaborative Divorce. In this type of divorce process, both spouses have their respective lawyers who, with the spouses, work cooperatively in settling the divorce case. For fair negotiations, it is necessary that each spouse discloses all important information that will affect the divorce and all related issues. In the event that this process does not settle the divorce case, each spouse will have to hire new attorneys who will take the case to trial.

Because divorce is a particularly emotional time, and the choices that you and your partner will make can have enormous consequences for both your own lives and the lives of any children you may have, being represented by a compassionate and knowledgeable attorney throughout the entire divorce process will be for the benefit of everyone involved.

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Common Sports Injuries

Posted by on Jan 5, 2017

Playing sports is generally good for you and your body, but there are instances where it can cause injury because of accidents, inadequate training practices, and improper safety gears. Some injuries are temporary, but there are some that can permanently impair you.

According to the Toronto personal injury lawyers at Mazin & Associates, PC, sports injuries can be subject to disability insurance claims. But really, you wouldn’t trade your health for money, so preventing injuries while you enjoy your favorite sport is still the best course of action.

Sprains and Strains

A sprain happens when a ligament that connects your bones stretch or tear. This often occurs because of trauma taken from direct contacts and falls. The body parts most vulnerable to sprains are ankles, knees, and wrists.

A strain occurs when a muscle or tendon is twisted or pulled. This happens because of overstretching and overcontraction that can be associated with physical activites such as sports. The back and hamstring are the most vulnerable body parts to strains.

Knee Injuries

The knee is a complicated joint. It is made of bone, cartilage, fluid, and ligaments. All of these parts are important, and if one of them sustains some kind of damage, the effectiveness of your knee suffers and you experience pain.

Knee injuries can be as simple as runner’s knees, or the pain and tenderness near the knee caps. It can also be as complicated as cartilage or ligament damage, like anterior cruciate ligament (ACL) injury. An ACL injury is very common on physically demanding sports like basketball and football, because of the sudden change of your body’s direction or incorrect landing from a jump.

Fractures

Fractures are basically broken bones, caused by a one-time blow or repeated stress on a specific area over time. Acute fractures, which occur because of one-time impact incidents, are most commonly viewed as emergencies that require immediate attention. Stress fractures, which occur because of repeated stress, are very common on sports with repetitive impact, like running and jumping.

Dislocations

A dislocation happens when a force in the bones send them out of alignment. They often occur on sports with high contact, like basketball and football. The most vulnerable body parts to dislocation are fingers, shoulders, elbows, knees, and hips. Like acute fractures, dislocations are seen as emergencies.

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Do not Leave the Decision on Who Gets Your Properties and Assets to the State

Posted by on Oct 18, 2016

That estate planning is only for the rich and extremely wealthy individuals who have lots of assets and big properties to leave behind is one wrong thought that so many Americans have. Truth is, anyone who owns anything can (and probably should) draft a will where he/she can specifically name the person/s to whom he/she wants to leave behind his/her assets. These assets do not need to have huge monetary values, even vehicle, jewelry, furniture, savings account, life insurance and other things that have value, no matter how big or little, can be included in a will. Ever thought of an old watch, or a piece of jewelry, like a gold pendant or ring that has been handed down from one generation to another? Such is what drafting a will is all about – it makes sure that a thing of value gets handed down to whoever an owner wants to specifically receive it after his/her death.

Estate planning starts with the drafting of a will, where a person, who is legally known as a testator, can name the inheritor/s of his/her assets; he/she can also name his/her preferred guardian for his/her child; his/her health-care proxy, or the person who shall be making medical decision on his/her behalf in the event that he/she gets incapacitated; and, the executor or the person who shall take charge of the administration of his/her estate and who will carry out his/her wishes that are contained in the will. This executor will also have the duty of paying all debts left behind by the testator using the money earned from liquidating any asset or property of the testator. The amount left after all debts have been settled will be distributed to the named inheritors.

In the case of a person who has properties but who keeps own postponing the drafting of an estate plan eventually dies without having drafted one, it shall be the state which will decide who gets his/her assets and who shall serve as his/her child’s guardian. This authority of the state is based on the Law of Intestacy.

Some states differ in what their Law of Intestacy stipulates; however, majority usually divide all assets equally among the spouse and the children. With regard to those who die without having been married and without having a child, his/her assets would usually be distributed by the state among his/her blood relatives.

According to the law firm Russo, Russo & Slania, P.C., estate planning is a remarkably important step to take in order to ensure that your loved ones will be provided for in the event that anything unforeseen should happen to you. This will also guarantee that your properties will be distributed to your chosen inheritors and not to the ones the state will choose due to your failure to draft one before your death.

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Determining Hospital Negligence

Posted by on Aug 2, 2016

When somebody gets sick or needs immediate treatment, the best place to go is the hospital. The people working in these facilities are trained to attend to patients requiring medical attention. They have the resources and equipment that caters to every needs of the individual. However, if the hospital fails to deliver adequate care to the patient, the patient could be seriously harmed or even get killed. According to the website of Karlin, Fleisher & Falkenberg, LLC, hospital negligence is tantamount to malpractice.

Hospital employees such as nurses, technicians, medical technologists, and other personnel who deal with patients are responsible for providing the best treatment. If the patient gets hurt, the medical personnel who attended to them could have some liability for their negligence. In the case of doctors, hospitals are usually not liable for the medical malpractice of doctor due to the fact that they are just independent contractors.

However, if the doctor is an employee of the hospital and a patient gets injured, then they will be held liable for whatever happens to the patient. In most cases, hospitals will try to bail themselves out of the liability by saying that the doctor is their employee. There are certain instances a doctor can be considered as hospital employees and here are two examples:

  • The working hours and vacation time of the doctor is controlled by the hospital
  • The hospital sets the fees that the doctors will charge

In addition, a hospital employee who commits malpractice while being supervised by a doctor, the latter can be sued for medical malpractice but the former may be free from liability. The hospital staff is under the supervision of the doctor based on the following:

  • Whether the doctor was present
  • Whether the doctor had control to prevent the negligence

Hospitals can be sued if it maintains the services of an incompetent or dangerous doctor even if they are just an independent contractor.

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Dangerous Childcare Products and Toys

Posted by on Mar 25, 2016

A typical playroom of a child is scattered with various toys, some clearly more used than others. Children have their favorite toys, but the general perception is that the more toys the better. Relatives and family friends get a child a new time for many various occasions so it’s easy to accumulate a pile of toys over time.

A child playing with their toys seems like the most innocent scenario possible. It is sad to say that things are not always as safe as they seem. Defective childcare products and toys are out there. According to Johns Hopkins Medicine, approximately 217,000 children are treated at hospital emergency rooms for toy-related injuries. If your child has the misfortune of encountering one of these products, you do not have to deal with the consequences alone.

There are numerous laws and standards set in place to prevent this type of accident. According to the Cazayoux Ewing Law Firm, the United States Consumer Product Safety Commission (CPSC), which began in 1972, has gone on to establish a number of safety standards that companies like those that manufacture children’s toys must comply with. Despite these standards, random occurrences of defective products still enter the consumer market.

Two common defects found in children’s toys are the use of lead paint and the presence of a choking hazard. Ingestion of lead paint or a small part of a toy could lead to serious injury or even death. Manufacturers should be held accountable for such defects because it is their responsibility to ensure the utmost safety of their products before they are sold to consumers. Defects of children’s items are something unsuspected for consumers, but that doesn’t mean you have to accept the consequences and deal with them alone.

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Exposure to lead and its effects on children

Posted by on Oct 20, 2015

Lead is a naturally occurring element in the Earth’s surface used in many different industries such as manufacturing and metal works. This element is also important for the commercial production of storage batteries. But although lead has many different uses, being exposed to it can be very dangerous.

According to Centers for Disease Control and Prevention (CDC), about 500,000 children ages one to five have higher level of lead in their blood each year. There are many possible causes of lead exposure among children. For instance, according to the Williams Kherkher website (view website), some cases of lead poisoning have been a result of defectively manufactured toys and children’s product contaminated with lead. Apart from children’s toys, other possible sources of lead are the following:

  • Candy with wrappers contaminated with lead
  • Turf fibers from turf playing fields
  • Walls coated with lead-based paint
  • Water due to lead-containing water pipes and fixtures

It is difficult to detect whether your child is suffering from lead toxicity. But when lead accumulated inside the child’s body, it may result in serious, sometimes even life-threatening medical complications. If you think your child is exposed to lead and is experiencing one or more of the signs and symptoms below, consult with your doctor immediately:

  • Weakness, fatigue
  • Nausea, vomiting
  • Constipation
  • Hearing loss
  • Irritability
  • Loss of appetite
  • Abdominal pain

Prolonged exposure to lead may cause the child not to reach certain developmental milestone, and may even result in learning difficulties and developmental delay. In serious cases, irreversible brain damage may occur.

Unconsciousness, seizures, and even death can also be among its complications. So it’s very important to prevent lead exposure. As a parent, here are some tips to keep lead at bay:

  • Only buy children’s products that are lead-free
  • Wash children’s hands and toys to avoid lead ingestion
  • If your house is coated with lead-based paint, clean it up or coat it with a lead-free one
  • Have your water tested for lead contamination

Prevention is always better than cure. By keeping in mind these tips above, you are making sure that your kids are safe from toxic amounts of lead.

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Addressing the Growing Problem of Drunk Driving

Posted by on Jun 15, 2015

Car accidents happen way too often in roads across America, so it’s safe to assume that every person face a considerable amount of risk during their commute. Fortunately, drivers can do their part to mitigate these risks by following proper safety protocols and traffic regulations. However, drivers can only do so much to protect themselves from unwanted and tragic situations. As in the case of drunk driving, not enough precautions can protect drivers if a significant portion of the population insists on committing negligent and reckless behaviors behind the wheel.

As pointed out by the National Highway Traffic Safety Administration or NHTSA, drunk driving or alcohol-impaired driving has led to over 10,000 fatalities in the year 2012 alone. Both government agencies and private organizations have done much work to curb this number and address the problem. In recent years, for example, many states across the United States have imposed stricter implementations of sobriety checkpoints. In these checkpoints, police officers and traffic enforcers set out to check for the blood alcohol content of drivers they suspect to be impaired. Across the country, the blood alcohol content limit for individuals driving private vehicles is at 0.08 percent. On the other hand, the limit for individuals operating commercial vehicles is at 0.04 percent. This stringent implementation becomes particularly helpful during holidays and similar events, when accidents are expected to peak.

Another way governments are addressing the problem of drunk driving is through imposing severe penalties for individuals caught driving under the influence or driving while intoxicated. While these penalties differ from state to state, it’s safe to say that anyone convicted of a DUI or DWI can expect to face punishment that include significant fees and jail time.

Those that have been victimized by drunk driving accidents can also do their part to address this pressing issue. As the website of McCutchen & Sexton – The Law Firm puts it, responsible parties should be held accountable for their negligence and the people they have victimized should be able to receive the reprieve the deserve.

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What Can I Do If I’ve Been Injured?

Posted by on Mar 30, 2015

Have you recently been injured? Has this injury had a profound impact on not only your own life but also the lives of the people closest to you? And most importantly, was your injury due to the negligent actions – either willful or ignorant – of a guilty party?

If all of your answers have been a resounding ‘yes’, then there is plenty that you can do. The best thing to do, however, is get professional, expert help.

Personal injury lawsuits are incredibly complex, due to the fact that there is no such thing as an identical situation with anyone else. There are always going to be different values and the legal team handling your case needs to not only know all these bits and pieces of vital information but also know how to use it. According to the website of the Ausband & Dumont Law Firm, the law can have little discrepancies. That is why with lawyers, there is no such thing as an unimportant detail.

The case can also be led by what the subsets of personal injury that the case falls on. As it states in the website of Habush Habush & Rottier S.C., there are quite a number of different kinds of personal injury lawsuits and more often than not, the cases presented are a bit of cocktail mix up between two or more different cases. For example, if your child has been injured during an extremely fragile state – as is the usual circumstance with children who suffer from Shaken Baby Syndrome (SBS) – and negligence came into play due to a medical practitioner, then there are grounds for birth injury and medical malpractice.

It is a highly complicated matter that requires scrutiny from experts as there is truly no being able to give you a comprehensive strategic method of what to do after you’ve just suffered a personal injury. The most recommended course of action then is to seek legal counsel in order to not only be represented well in a court of law but also be made aware of the best resources that could best aid you on the road to recovery.

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What You Can Do When Facing Wrongful Foreclosure

Posted by on Mar 28, 2015

Home is where the heart is, so the old saying goes. A lot of people in the United States consider their home to be their most important possession.

After all, that’s where it all started – that American dream that they have long since been preaching since the good old days. Imagine then these protective walls, the sheltering roof, the halls that you have known and loved are suddenly and wrongfully taken from you. The effects can be devastating and incredibly profound. There are a lot of things that you can lose and your life would simply go on, as per usual. A toothbrush, a wallet, even a car – you might be inconvenienced for a while, yes, but ultimately, you’ll get by. A home is something that is not immediately replaceable and can have extreme consequences on how you live your day to day life.

There are some instances, however, where it can be proven that your home was unfairly and wrongly foreclosed and you were made to be evicted from the premises. Should that be the case, you are warranted to seek legal action against the guilty party. There are several instances of evidence that can be used in your case so that you may reclaim your home. As this information comes from a secondhand source, these tips do not constitute as actual legal advice and it would be more beneficial for you to talk to a Dallas wrongful foreclosure lawyer.

If you were not properly notified of the foreclosure prior to its execution, then that is grounds for legal action. If there was bad faith, financially speaking, between you and your landlord, then you might be able to press legal charges. All hope is not lost and you need not lose everything just like that.

If you or someone you know has claims that you believe will allow for you to file for wrongful foreclosure, it is recommended that you seek professional legal help with your problem.

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Why File a Personal Injury Lawsuit?

Posted by on Mar 26, 2015

Personal injury cases are extremely difficult to experience – literally. After all, these kinds of cases are usually due to an accident that is the direct fault of a guilty party. In this day and age, the very first thing that people will tend to do is post the incident on social media before even thinking to contact legal counsel on what they ought to do. It is due to these statements that can often jeopardize their case for them, should they seek legal help. And getting that official bit of help can extend to far more than logistics or court duty.

According to the experts with Samson Law Firm, it is necessary for the case to be as concentrated as possible. That is to say for a particular case, you will want to bring in a person who specializes specifically on this kind of situation. Why? The law has little discrepancies with regard to its different aspects. The age limit, the sanctions, the legal obligations or area of responsibility by the offending person, party, or company can all be important factors that need to be considered. As an example of the most extreme, some states practice the death penalty while others do not.

That is why if you were injured in Green Bay or are a resident of Green Bay, the kind of legal aid you need will have to come from a Green Bay personal injury attorney. This kind of concentrated know how allows for you to be represented fairly in a court of law as well as be able to get you the kind of services you need in order for you to get the best path to recovery possible. The reach of a personal injury can even extend beyond the physical boundaries and therefore require more compensation due to, for example, lost wages and the like.

Don’t leave it to chance – if you or someone you know has been injured due to the negligence of someone else, contact expert help immediately.

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