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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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