Personal Injury Lawyers Needed For Major Car Accidents

The auto insurance industry pulls in billions of dollars and tries its hardest to pay as little of that money out as possible. They employ a team of seasoned claim adjusters and legal experts to coerce you into accepting less money or heath benefits than you are entitled to as a result of a major car accident.

This is why finding a good personal injury lawyer is so important when you are involved in any extensive automotive accident, especially when hospital stays are involved. You need an experienced team of legal experts of your side fighting for you. Its crucial that you have people working for you who know what they are doing and know how to handle these multi-billion dollar conglomerates.

Why are they so important for these situations?

Technically, as far as hospital and treatment facilities are concerned, you are responsible for all the medical bills incurred and its your responsibility to get the money from the insurance company to cover the costs.

The same applies to all of your monthly expenses. Your landlord is not going to give you a free month of rent because you were unable to work. Your cell phone company is not going to discount your bill because you could not barely move for several weeks. This is the reason you need to make certain that the auto insurance carrier that's liable compensates you for all your for lost time, damages, health costs, and ongoing future treatment (chiropractic and physical therapy).

With any major accident those costs just mentioned can easily be tens of thousands of dollars. More serious accidents can be hundreds of thousands to dollars to several million.

You can see why going at it alone is not only very unwise but potentially debilitating. A wreck you are in today can affect you for years possibly the rest of your life. Many people never fully recover from a bad accident depending on where they were hit.

The job of a personal injury lawyer is to negotiate a profitable agreement on your behalf to make sure you are taken care of not only in the present but the future as well. These companies can be stubborn and at times and good lawyer in this field will have to "strong arm" them in a figurative sense or "play hard ball" with these companies to get you what you deserve. It could take months possibly years in some extreme cases.

Nobody really wants to go to court and more than 90% of these cases are settled, sometimes not so happily, way before that would happen. Taking anything to trial is bad for business, bad for the company image, and very expensive. Its usually avoided like the plague. This is why auto insurance companies are likely to settle on a favorable arrangement when they see they are dealing with a more than competent lawyer who refuses to take "no" for an answer.

If you are or were just in a bad car accident get professional legal help. Do not accept anything from a claim adjuster, even if he seems genuine, without first consulting a lawyer. Doing so could be a mistake you will have to pay for in years to come. There is the reason why we have personal injury lawyers. Exploit experts and seek their advice and expertise.

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Driven - A Ticket Tale

I was busted. I had only been in Dallas for a year and half, but I didn't have the excuse that I didn't know where the DMV was located. My registration was overdue by a couple of months and the officer stopped me while cruising down Greenville Avenue during my lunch hour.

His police car was trailing behind me for a bit, but it made me nervous so I slowed down and changed lanes to let him pass. I guess he noticed the expired sticker from his rearview. I should have renewed online when I had the opportunity.

Once expired, you can not renew online or by mail. I was dreading having to wait in line at the court house for the renew. So I exchanged 30 minutes of inconvenience for five hours of my life, when I had to go to the court house two more times.

10 or 20 Days?

The officer told me I had 20 days to get my registration and to go to the court house to schedule a court date. Twelve days later I was waiting in a long line at the court house with my new proof of registration I had paid for that day.

With my proof of registration (receipt) and the peeled off expired sticker of yesteryear in hand, I was proud of myself for getting it taken care of earlier. The court clerk corrected me by saying I had 20 days to contact the court about the ticket, but ten days from the day of the ticket to get my registration. I was two days too late. My face fell.

She said it is policy to dismiss those types of citations on the spot if not over ten days, but instead they scheduled a court date seven months later the following October.

Now I know why so many people go to jail because they miss a court date. When you are sitting in jail, it is easy to remember your court date, but it is a different story when you are a typical law-abiding citizen who might get a ticket once every two years. I considered my options:

- Pay it

- Hire a lawyer

- Plead no contest & take defensive driving

- Contest it

In the back of my mind, I had planned on getting a lawyer closer to the court date. For some reason I never secured one. I had used one a year ago when I had received two tickets in one month, but he was reluctant to take the case since they were not that severe.

When my court date arrived, I decided to defend myself. I truly believed the police officer gave me wrong information. If I failed, I would still be able to take defensive driving, so I was not worried.

Sitting in the court room at 8:30 am they called out the names of those on the roster scheduled for court that morning. I was not on the list. I could have walked out, but I called attention to it. The bailiff looked me up in the computer and found me.

The judge told all to come back at 10am, so I went and got some breakfast. When I got back they dismissed my ticket. I am not sure if it was because the officer was not there, or for some other reason. The moral of the story is, you should always try to fight your tickets. You may just get it dismissed. If not, you can still take defensive driving.

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Four of the Best Restaurants to Try While in Texas

The popular saying, "everything is bigger in Texas" is true in many ways and one of them is for the appetites when it comes to eating good food. The people in Houston love to eat in great places whether it is a tiny family run spot or an upscale dining experience reserved for the most special of occasions claims a Houston divorce lawyer. There is a constant competitiveness between Houston and Dallas on who has the better restaurants. Although Dallas tends to have higher scaled eateries, Houston has a much broader ethnic diversity in kinds of restaurants thus continuing the battle of which one is better says a Houston divorce attorney. This article will describe some of the favorite and best restaurants that may be found in Houston and why they are so good.

The first one is called, "Mark's American Cuisine" and is in one of the more interesting locations of being inside an old 1920's church that has been converted into this great restaurant. The owner/chef Mark Cox was formerly at the very chic Tony's and now has opened this great eatery that serves exquisite dishes such as five pepper crusted Scottish salmon and lamb loin with basil sauce. This elegant restaurant also has a great wine list and several unique and fun drinks to enjoy as well like the Tickler which is champagne, vodka and sweet wine. It is a pricey experience so one that is usually saved for those special occasions.

Another top rated restaurant in Houston is, "Vic and Anthony's Steakhouse" that is located downtown and is always full of people ready to order some great type of meat. It has a piano lounge as well as a nice dining room that serves other things besides great cuts of steak like pork tenderloin and lobster as well. Their wine list is extensive also and has garnered awards for it.

Another wonderful restaurant in Houston is named," Quattro" and is also located downtown. It is an Italian restaurant that is in a stylish and contemporary decorated space. Some of the things this restaurant is known for besides the great service is the antipasti bar, the seafood tower and the terrific selection of Italian wines. One of the best things about Quattro is the Sunday brunch where they lay out several buffets of amazing foods and desserts to make up the ultimate brunch feast. The Sunday brunch is a great tradition for many families.

The final restaurant that is recommended to visit in Houston is called, "Indika" which is a delicious fusion of Texas cuisine mixed with Indian flare and flavorings. The atmosphere is open and airy and has contemporary clean lines mixed with bright colors to give it a fun atmosphere. Some examples of the great dishes served are salmon tikka which is roasted eggplant with paneer and duck tandoori. Save room for dessert since the current owner/chef, Anita Jaisinghani was a former pastry chef and has a great selection of sweets at the end of your meal.

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Mesothelioma Lawsuit FAQs

For most people, lawyers and legal proceedings are not a part of their normal routine, and this can make a mesothelioma lawsuit a daunting undertaking. Some of the questions that are frequently asked about this topic are answered below to make this process more clear for anyone who believes they may be eligible for reparations in a mesothelioma lawsuit.

Is asbestos cancer the same thing as mesothelioma?

Mesothelioma is the formal name for asbestos cancer, which can also be called malignant mesothelioma. Each of these terms refers to cancer of the mesothelium, the thin layer of tissue that surrounds and protects internal organs. This cancer is rare, and is almost always a result of exposure to asbestos, a toxic material used in construction and other industries.

Why should I file a lawsuit?

Simply put a lawsuit may be your only way to receive financial compensation for the loss of work, medical expenses and pain and suffering your family may endure. And although receiving a settlement will not result in a cure for mesothelioma, it can help make you and your loved ones more comfortable while dealing with this difficult period in your life.

Additionally, the settlement does more than simply address your financial concerns; it is a way to hold others accountable for their use of this toxic material. The only way that you will be eligible for compensation is if you file a lawsuit, however, which is why it is important to get started on this process as soon as possible.

If I have not been exposed to asbestos, can I still file a lawsuit?

Yes, you can file a mesothelioma lawsuit if you have not come into contact with asbestos yourself, in certain instances. Someone who has contracted mesothelioma through contact with another person who was exposed to asbestos regularly is eligible to file a lawsuit, as are the survivors of someone who has passed away due to mesothelioma. These types of cases are usually referred to as "Family Exposure."

Is there a time limit for mesothelioma lawsuits?

Yes, there are time constraints for lawsuits regarding asbestos cancer, and they vary from state to state. For this reason, it is important to consult with a local attorney who has experience in this area as soon as possible. This will put you in the best position for obtaining a settlement as well as providing guidance regarding any specific details regarding your unique situation.

If you have more questions, contact someone who has experience with this situation immediately. Don't take chances with an attorney who does not have specific experience in this field.

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Legal Injury - Trespass

Trespass has been variously defined as an unlawful interference with one's person, property or rights.

At common law, trespass was a form of action brought to recover damages or monetary compensation for any injury to one's person or property or relationship with one another.

Trespass to the person comprises three torts (legal injury) namely:-

(1) Assault, (2) battery, (3) false Imprisonment. All these are actionable per se i.e without the need to prove actual damage. They exist to protect the individual's right to personal liberty, security, and dignity.

ESSENTIAL INGREDIENTS OF TRESPASS

Assault consists of any act which puts the victim in fear of a potential attack e.g where an assailant approaches menacingly with a clenched fist, Knife, firearm or any other weapon. It is sufficient for liability that a reasonable man would have been afraid in the circumstances (an objective not a subjective test ) It is not mandatory that the victim should be actually strucked (which would otherwise amount to battery) the legal injury which the law seeks to prevent here is apprehension of mental anxiety.

Battery on the other hand is the direct application of force to the plaintiff's body for example, by shooting or striking him, throwing stones at him, spitting at him or setting a dog upon him.

Battery generally connote a hostile act but sometime may not be so for example, it is a battery to kiss a woman against her will, or holding a person's hand in the cause of an unlawful arrest or taking his finger print unlawfully.

False Imprisonment In law connote any wrongful physical restrain of a person. It is not limited to merely locking a man up in prison but equally involve any restrain upon his person which prevents him from leaving the place or venue where he is.

This tort will not be committed unless the victim's freedom of movement in any direction is restricted and there is no reasonable avenue for egress.

False imprisonment usually involve an element of physical force against the victim, but force is not necessarily an ingredient to be proved, the use of authority is sufficient for instance, where a police officer wrongfully ordered a person to follow him to the station for questioning, such an officer may be said to have committed the tort of false imprisonment.

DEFENCES TO TRESPASS

(1) Self -defence:- An Assault or battery is justified if committed in self- defence or in self - defence of another person who was attacked by an assailant.

(2) Defence Of Property:- An assault or Battery is justified if committed in defence of the defendant's own property ( whether land or Chattels) or of property which the defendant is defending as agent of the owner. But the forced used most be no more than necessary and must be proportional to that used by the assailant.

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Prevention Is Better Than Cure

The logic is quite simple; avoiding the occurrence of a mishap is more prudent than finding a means of curing it when it is already on hand. In the present day and age, the felony of theft may already be committed even in what may seem like the safest means of consummating a transaction, through the internet. The unsuspecting utilization of your Social Security Number in transactions over the net is usually the cause of certain inconsistencies and controversies in the auditing of your account. Hence, avoiding the frequent use of your Social Security Number would eliminate this looming predicament. Always take into consideration the fact that a legitimate company would not require passwords or other information through e-mail. Before providing credit card or other information in the net therefore, make it a practice to confirm the legitimacy of the site. You can do so by verifying the site's address and what appears in literature or from some other reliable source.

Among the measures available to prevent such disaster include but is not limited to: avoiding to provide financial and personal information in response to phone calls which are unsolicited, to include letters and e-mails. While your employer and other financial entities may have official need of your Social Security Number, you have all the right to refuse the request of merchants and other service providers, since there are other means in identifying your person apart from giving your Social Security Number.

Logic also dictates that you must choose Personal Identification Numbers or passwords for bank and Internet accounts, respectively that would be difficult if not improbable to decode. Avoiding the use of home addresses or the date of your birth are some practical tips in avoiding the occurrence of said fraudulent act.

You must also be wary in dealing with businesses that would require the use of such personal information. Before doing the same, a background information must be obtained in determining whether the business entity is a legitimate institution complying with all the requisites of incorporation. A well conducted research on the following issues before entering into any transaction would provide the security you long for in the conduct of your business. Another common downfall is the clueless belief with another merchant's oral representations alone. The possibility of acquiring written information, although it may seem tedious, would be the best prevention for the occurrence of said dilemma.

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Become a US Citizen

If you are considering becoming a Citizen of the United States then you may have heard that you need an immigration lawyer to handle the process for you. Although this might be the ideal way to go, it is also very expensive and beyond the reach of many people who want to become a U.S. Citizen.

If you are asking yourself "How do I become a U.S. Citizen" then you need to keep reading. At the end of this article we will show you how to start the process of becoming a U.S. citizen for much less than what it costs to hire an attorney. In fact, it's even less than what it might cost to fill your car with gas.

To become a citizen of the United States you have to understand what is going to be required of you. As a legal immigrant you will be able to become a citizen after you complete certain obligations. There is a time requirement, and there are certain documents, and oaths that are required from you before you can become a U.S. Citizen.

If you are really serious about becoming a U.S. Citizen, you need to know that you do NOT need to hire an attorney because now you can do all of this yourself and save a great deal of money. The benefit to doing it yourself aside from the huge financial savings is that you are also going to become very familiar with how the process works, and can help to guide others through the process later on.

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Arizona Child Custody Lawyers

Child custody is a major proceeding involved in divorce cases. It is done to determine who shall have custody of the child or children. As child custody cases are rather sensitive issues, it is always advisable to hire an efficient child custody lawyer.

Child custody laws in Arizona are similar to those in other states. The Arizona court laws decide on child custody according to the child's best interests. Other factors considered by the court include the wishes of the parents, the interaction and interrelationship of the child with the parents, and the degree to which the parents have compelled the child in the child custody agreement. The child's adjustment to home, school, and community as well as the mental and physical health of all individuals involved are also discussed.

The court has the right to order either a sole custody or a joint custody agreement. Joint custody shall not be awarded if the court finds the existence of significant domestic violence or a history of domestic violence. Unless restricted by court order or law, both parents are entitled to have equal access to information concerning the child's education as well as physical, mental, moral, and emotional health, including medical, school, police, court, and other records.

Arizona child custody lawyers insist on all possible legal rights for children and guide them through a suitable course of action. Effective, concerned, and at times aggressive legal representation is essential to obtain a suitable verdict. Only thorough, preventive estate planning with the assistance of child custody lawyers can protect a family and ensure that assets are inherited by chosen individuals.

An Arizona child custody lawyer has to be engaged as early as possible because time is a very crucial factor in preparing and analyzing child custody cases. The rates of Arizona child custody lawyers are around the national average.

Arizona child custody lawyers are members of the Arizona Trial Lawyers Association and the Association of Trial Lawyers of America as well as the American Bar Association.

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Fort Worth Divorce Lawyers

Divorce is always a painful decision, because it encompasses the feelings and the lives of two or more people. It 'also one of the more complex processes that a legal person may encounter in his life. This sad situation can arise in real life and it is always better to have familiarity with basic terminology. Fort Worth has a number of law firms and lawyers, divorce can help you through the entire process of getting a divorce.

IfFort Worth and looking for a reliable and competent divorce lawyer is not necessary to look far. You are in mass. You can check online or information on their situation through the yellow pages. Divorce lawyers are specialists and can help you meet one of the most complicated of the right of a person forever. This is a very emotionally draining process. E 'for this reason that you should be selective for the recruitment ofServices of a divorce lawyer well-tuned. He or she should be mature enough to give a patient hearing, especially hearing your side of the story, and you also know, from time to time throughout the process, the progress of the case. When it comes to older divorce lawyers, you will find a dozen of Fort Worth. They are found throughout the region. They can use their login information for your friends or family who have requested their services, check-in potentialPast. This will give you an idea about the capabilities of a divorce lawyer.

support from the filing of the action for divorce from the provisional or interim relief to the community property, spousal maintenance of property and fair child support, you must understand the terminology in depth. For a good understanding of these complex laws and their application in Fort Worth, you can go through detailed articles available online. You can also make a detailedTalk with your divorce lawyer neighbors, and some of the processes involved.

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Security Issues - How it Works

We live in a world that is a full of insecurity. Insecurity hits everyone; no one is immune to it. People are loosing jobs everyday or not loosing it because they never get it after finishing the school. Money is a huge reason that makes people do illegal things, but there is a difference between those, too. Some people are just like that; they don't respect anything and has no moral standards so law doesn't mean anything to them. Other people are desperate and pushed into breaking the law for survival. They have responsibilities to take care of other people and if there is no way to do it in legal boundaries, than they must find another way.

How this world, today, is functioning has a huge impact to crime development. Some people have too much money, enough for buying whole country or island. On another side, a huge number of people are hungry. Hungry person that is left with no other options, where his government can give him education and job but they don't care, will take from someone else to survive.

Other citizens are afraid, normally, of criminals, as they never know if someone is going to hurt them. They spend huge amount of money for securing their homes, offices, cars and other possessions as they have worked hard for it. They have the right to protect it, as they have the right to protect theirs and their family's lives, of course.

Some others significantly gain profit from all these security measures. You have a case where poor and desperate people steal and hijack cars for someone else, who earns a lot of money from it and still gives so little to the poor person. Poor person is not a victim in this story if he steels but still, if there's no work for him and he has no other options, you can start think about him as a victim.

This world and our lives are definitely not simple and nothing is just black and white. Everything is too complicated and one thing depends on another so there should be a point where someone cannot go. There should be opportunity given to everyone to be educated and be able to work. People shouldn't be left with nothing because when they have nothing, everyone rejects them. And the rule is if you have a lot, you will get even more, for free.

Every person deserves at least education and work so that they don't need to turn to crime for surviving. If just those were provided, this world would be a better place. Not perfect, just better.

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Facts to Know About Criminal Defense Law Firms

If you are a resident of Chicago and you need the help of some Chicago Criminal Lawyers for which you are entitled to innocence, you should approach a good and reputed Chicago Criminal Defense Law Firm who can provide you with Chicago Criminal Defense Attorneys to help you out and provide you an effective solution.

In Chicago, the criminal defense lawyers deal with those criminal issues with which his or her clients are charged with. The criminal law states that the jury must give verdict unanimously so that the defendant is either convicted or acquitted. You will get hold of a good criminal defense lawyer through the help of a reputed Defense Law Firm. Chicago Criminal Defense Attorneys who come from these reputed firms are all experienced and efficient to tackle the criminal issues very effectively.

The Chicago Criminal Law Attorneys will defend those clients who have been charged with crimes like:

* The White Collar Crimes: the White Collar crimes include some popular crimes like tax fraud, violation of ethics, public corruption, theft identity and many more.

* Drug Trafficking: the crimes under Drug Trafficking includes trafficking that particularly takes place during the time of immigration, deportation as well as several other jurisdiction cases.

* Sex Crimes: the crimes that refer to as sex crimes include sexual assault, child porn, internet sex crimes and many more.

For all these crimes, the Chicago Criminal Defense Law Firm will provide you with Chicago Criminal Lawyers in order to get defended. The defense attorneys that they recommend are either former prosecutors or are engaged in defending the criminal cases for quite a long period of time to the extent that they have gained enough experience and knowledge through their work.

Moreover, these criminal defense lawyers of Chicago try their best to provide their clients with a very free flowing and smooth service. They see to it that their clients can overcome the legal processes they are involved into with little or no difficulty at all. At the same time, These Defense Attorneys also charge quite a low rate for their services they offered to their clients and they also see to it that their clients get through without receiving any punishment or possibly the least punishment possible. However, the amount of punishment for the client entirely depends on the extent of seriousness of the crime and the efficiency of the lawyer.

Though the lawyers suggested by this Defense Law Firm may not bring you success always but it is always suggested that attorneys who are equipped to handle criminal defense cases will give you better results than the general lawyer who does not practice criminal cases or are not much experienced.

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Understanding the New Hawaii Real Estate Purchase Contract

The Hawaii Association of Realtors (HAR) recently published a new version of its standard form of contract for the purchase and sale of residential property in the State of Hawaii. No question, the most obvious change to the standard form is its new title - "Purchase Contract" - which replaced the form known as "Deposit Receipt Offer and Acceptance" or "DROA." This article is meant to assist real estate brokers ans salespersons, lawyers, and Buyers and Sellers to better understand the Hawaii DROA or Hawaii Purchase Contract.

OUTLINE OF THE PURCHASE CONTRACT

The Purchase Contract is organized broadly into an introductory section followed by four major sections. The latter are designated as Section A, Section B, Section C, and Section D. Section C contains the terms of the Offer and is the "meat" of the form. Section C begins on page two of the For and its seventy-nine paragraphs continue almost to the end of what has now become a twelve-page single-spaced document.

Looking briefly at the major sections:

Section A contains "Agency Disclosures," which each Brokerage Firm is required to make to the Parties if that Firm serves as an agent or other representative of a Party in the transaction.

Section B serves as a receipt of the Buyer's initial deposit and is usually signed by the Buyer's agent. Section B also addresses whether the Buyer or Escrow will earn interest on the Buyer's deposit if the deposit is placed into an interest bearing account.

Section C, as previously noted, is the major part of the Purchase Contract. It constitutes the Offer to buy the Property and contains the Offer's terms and conditions, numbered C-1 through C-79. Section C also includes a list of additional documents (called "addendum" if one document and "addenda" if more than one). Those documents may be physically attached or incorporated by reference. They are intended, in either case, to become part of the Purchase Contract.

Section D is the portion of the Purchase Contract where the Seller will either accept the Buyer's Offer of make a Counter Offer to it (thereby rejecting the Buyer's original Offer). If the Seller wishes to make a Counter Offer, the Seller would usually do so by attaching HAR's standard form of "Counter Offer." Section D also confirms the Seller's agreement to pay the agreed upon commission to the Brokerage Firm with the listing to sell the Property.

Finally, although not legally part of the Purchase Contract, the HAR standard form "Cooperating Brokerage Firm's Separate Agreement" is usually attached to the Purchase Contract. This agreement is between the Brokerage Firm that represents the Seller and the Brokerage Firm (if different) that represents the Buyer. It provides for the sharing of the listing commission to compensate the Brokerage Firm providing services to the Buyer. Typically, but not necessarily, the commission is split equally between the two Brokerage Firms.

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Road Traffic Accident Advice

A road traffic accident describes any accident that happens on a road or footpath. Road traffic accidents are the cause of an estimated 1.2 million deaths worldwide every year and are said to injury about forty times this number.

Every person who uses the road, whether in a car, motorcycle, van, lorry or as a cyclist or pedestrian has a duty of care to ensure the safety of not only themselves but also the safety of other road users. Due to this you should always ensure that you comply with the Highway Code.

With all personal injury accidents you need to prove that another person was at fault for your injury; you need to prove negligence, which demonstrates that the other road user failed to take responsibility for other road users. If you are a driver who is involved in a road traffic accident there are certain things that you must do; a driver involved in a traffic accident should stop whether or not the accident was their fault if the following apply:

o Anyone, other than themselves, is injured

o Another vehicle, or someone else's property, is damaged

o An animal in another vehicle or running across the road is injured

o A bollard, street lamp or other item of street furniture is damaged

It is also advised that you take down the names, addresses and telephone numbers of any witnesses to the accident. This is especially important if you are hoping to put in a claim for compensation. You should also always try and photograph the accident scene if possible as this demonstrates exactly how the accident took place. It is important that you gather as much evidence and information that you can at the time of the accident as the more you collect the more chance you have of a successful compensation claim.

In many cases it is obvious that someone caused a road traffic accident and there will be no dispute about liability, however there are often many cases where the liability and cause of the accident is unclear or where the extent of liability is difficult to work out. One thing that is however sure is if a driver runs into the back of another vehicle they will be held responsible for the accident, even if the car in front has braked sharply or unexpectedly, because drivers are required to drive a safe distance behind other vehicles. However, there may be circumstances when this does not apply, and if liability is disputed, legal advice will be necessary unless the insurance company is dealing with it.

Road traffic accidents are one of the most common causes of people putting in claims for compensation. They are sadly the most common type of personal injury accident and if you are unfortunate enough to be caught up in a road traffic accident then it is important that you speak to a lawyer/solicitor immediately if you are hoping to make a claim for compensation but remember you are only eligible for compensation if the accident was caused through no fault of your own.

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Are My Co-Signors Responsible For the Loan If I File Bankruptcy?

Many families find themselves facing unfathomable financial hurdles these days. Married couples who bought a home together are strained under the pressures of a lost job, declining income, ballooning mortgage payments, and all the other expenses of modern living. When signing as a cosigner to a loan, it's very important to remember your financial obligations. These can tear a family apart. For example: let's imagine you marry happily, buy a home with your new spouse and begin a family. Within five years the marriage sours and you divorce. You give up the house in order to take full parental rights. Next thing you know, creditors are knocking on your door, informing you that your ex filed for bankruptcy and the court has agreed to the claim of the creditors to have you pay the rest of the debt. Even in a divorce, if you cosign a loan, you are fully responsible for it.

A co-signor is always responsible for a loan if the principal borrower defaults and files for bankruptcy. The legal claimants to the note have full authority to require the co-signor to pay for it. This is yet another reason to be very careful when agreeing to co-sign with anyone, even your own children. If you are the principal owner of a debt, your co-signors can still be hurt by you. That's one aspect of being a co-signer: if you, as the principal, are not as reliable a debtor in your credit history or income, you can use a co-signer to boost your chances of getting a loan, if that co-signer appears less risky an investment to the creditors than you do. This arrangement is especially bitter among families who go bankrupt, as they have often co-signed among extended relatives and spread the pain of the debt through their own actions.

First and foremost, seek financial counsel from a bankruptcy lawyer. They can best judge when overlooking all of your finances and assets how dire your situation really is. Often, trimming expenses, renegotiating the debt, and taking a second or even third job are all that are necessary to avoid bankruptcy. Many pizza delivery jobs, for example, pay over a thousand dollars a month. A bankruptcy to a creditor is a threat, even if there are solvent cosigners on the loan or other obligatory document. Because a bankruptcy is a threat to creditors, they are highly interested in ensuring that their debtors do not pursue the option. If lowering the debt guarantees that the debtor can pay it back, they often will do so, only to reap back a part of the debt rather than nothing.

In sum: your co-signors are responsible for your debt if you go bankrupt. If you do file for bankruptcy, make sure your cosigners know beforehand so they have plenty of time to map out their strategy for getting themselves out of the debt as well.

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Facts About the Second Most Controversial Topic in America - The First Is Abortion

Many who read the title to this article might think that the second most controversial topic in America today is whether the United States should continue its war in Iraq. Those who thought that would be, in fact, dead wrong.

This article is really about facts, not about our involvement in trying to make Iraq and its people adopt a democratic society, but to revisit the place God occupies in our public institutions and in our society.

Oliver "Buzz" Thomas explored this topic recently in USA Today (10-15-07), America's largest daily circulation newspaper. Thomas is a minister, lawyer and author of 10 Things Your Minister Wants to Tell You (But Can't Because He Needs the Job).

First off, we have the oldest written constitution in the world, however, the United States Constitution was not the first constitution written in this country, that distinction belongs to the Fundamental Orders of Connecticut, written in 1639.

The U. S. Constitution was written in 1787, was ratified and went into effect in March 1789, exactly 150 years after Connecticut's constitution.

Very few of our citizens could tell you when our Constitution came into being, and even fewer could tell you much about God's place in our U. S. Constitution.

Thomas says many Americans do not know what our Constitution says about our first freedom: religious freedom.

Ask most Americans what the Constitution says about God, and their answer may surprise you.

"One nation under God?" No, that is in our Pledge of Allegiance.

"Endowed by our Creator with certain unalienable rights?" No, that is in our Declaration of Independence.

A recent survey by the First Amendment Center asserted that 55% of Americans believe the our Constitution establishes us as a "Christian nation" and while nearly all Americans say freedom of religion is important, only 56% of the survey respondents think it should apply to all religious groups.

The plain truth is that the U. S. Constitution says nothing about God. There is not a single reference to "God" in our Constitution.

The only reference to religion in our Constitution appears in Article VI which says "no religious test shall ever be required as a qualification to any office or public trust under the United States."

Most colonies did have religious qualifications for public office at the time. The Carolinas, for example, even went so far as to require that all elected officials be Protestant. If you were a practicing Christian, but not a Protestant, you apparently did not qualify for public office in the Carolinas.

Only 2 years later, in 1791, the first 10 amendments to the Constitution-popularly known as the Bill of Rights-were ratified by the first session of the First Congress.

The first of those amendments said in part that "Congress shall make no law respecting an establishment of religion".

Oliver Thomas suggests that Congress likely did so because of concern about "the corrupting influence the institutions of church and state have on each other when either becomes too cozy." By cozy, one might assume powerful and dominant.

The idea is that our government is to remain neutral and no citizen should be advantaged or disadvantaged because of his or her religious faith.

The separation of church and state does not mean the separation of God and government or of religion and politics. Get that straight.

The First Amendment limits only the power of government, not the power of the people or the power of any church.

Churchgoers can establish and practice their own religion. They can also promote political issues and candidates, but they do so at the cost of potentially losing their IRS tax-exempt status since there is no tax deduction for partisan causes, only charitable causes.

People can practice freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government to redress (remedy or set right) grievances.

This means power to the church and power to the people but no power to government to establish or use religion as a whipping tool to do its bidding.

The plain truth is that the Bill of Rights says nothing about God. There is not a single reference to "God" in our Bill of Rights.

We owe a debt of gratitude to the framers of our Constitution for limiting (as least on paper) the power of our government, and the politicians and bureaucrats who run it.

There is, of course, no limit to the lying, cheating, stealing, self-centeredness and self-righteousness of the politicians and bureaucrats who pursue their own agenda for their own personal gain at our expense while serving under the guise of serving us.

H. L. Mencken (1880-1956), the American journalist and literary and social critic said, "You can never underestimate the stupidity of the American people."

It would be even more difficult to underestimate the lying, cheating, stealing and lack of morality practiced by our prominent elected politicians and appointed bureaucrats.

For the record, there are references to "God" in our Declaration of Independence and also in our Pledge of Allegiance, but not in our United States Constitution and Bill of Rights.

One might conclude that given these facts, the majority of our U. S. Supreme Court justices see no problem in kicking God out of our public schools because public schools are government property of a legal entity.

This action does not preclude us from keeping God in our churches and homes.

Copyright © 2007 Ed Bagley

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Why You Need Professional Advice and an Operating Agreement For Your LLC

If you follow my other articles and writings, you know I have strongly suggested that businesses avoid the use of Internet forms or Internet-based document services. It is a fair rejoinder that, as a lawyer, I have an economic interest running counter to such services.

As a litigator, however, I have often had to try to clean up legal messes caused by homemade agreements, misuse of forms, or, in some instances, the failure to document agreements. Cleaning things up on the back end, particularly through litigation, is always more expensive. Further, cleanups rarely achieve the same results that could have been achieved by doing things right on the front end. A specific example of that graphically illustrates the point is the need for an operating agreement for a limited liability company ("LLC"). In Georgia, LLCs are still a relatively new form of business entity designed to provide liability protection to the owners ("members") and flow through taxation.

Most business persons understand the need to form a corporation, LLC or other entity to help protect their personal assets. LLCs are easy and inexpensive to form. It is certainly true that an Internet service or a business person acting alone can form an LLC. Unfortunately, many business persons assume that, once the LLC is formed, that is all they need to do. This assumption can lead to unexpected and unintended consequences.

LLCs are designed to be highly flexible entities that can be adapted to the needs of the particular business. This flexibility allows the members to enter into an operating agreement that governs, among other things, how capital accounts will be established, how the LLC will be managed, how profits will be distributed, what happens when the business is wound down.

Absent an operating agreement, many critical issues will be determined by statute. Let's say, hypothetically, that a business person establishes an LLC, coming up with the business plan and strategy and contributing the capital to start the business. Further assume that she decides that a trusted assistant should have a small equity interest in the business, both as a reward and an incentive to perform. Thus, the founder files the LLC paperwork listing herself and the assistant as the two members.

The founder may be surprised to find at a later date that, because there is no written operating agreement, she and the assistant are, by Georgia statute, entitled to equal votes in managing the business. O.C.G.A. § 14-11-308(a)(1). In addition, the founder and the assistant are entitled to equal profit distributions. O.C.G.A. § 14-11-403. The founder will also find, as a consequence, that the assistant has the legal right effectively to block anything the founder wants to do with the business.

It may be possible, if the assistant is a reasonable person, to clean this up at a later date by adopting an operating agreement that makes the assistant the minority equity holder and that allocates voting rights and profit distributions as was originally intended. However, if there has been a falling out between the two members, or if they simply honestly disagree on what their respective rights should be, it can lead to a very difficult dispute.

Of course, if the founder had consulted a lawyer in establishing the LLC, this scenario would have been avoided. The issues would have been addressed in an operating agreement, making the founder the manager, establishing the percentages for profit distributions, and dealing with many other issues.

In closing, please note that these are only a few of the issues that can arise when business founders rely on Internet services or try to act as their own lawyer. A founder should also discuss with a lawyer, for example, the basic issue of whether an LLC is the correct choice of entity.

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Mental Illness in the Workplace

The National Institute of Mental Health estimates that about 26.2% of Americans over the age of 18 suffer from a diagnosable mental disorder in any given year. Given this, it is all but inevitable that everyone will find themselves hiring or working with people who suffer from one of these serious disorders. Additionally, just over a quarter of our workforce will find themselves trying to find a job in a society that is not always friendly to anyone who is different. It is important that everyone who has or is looking for a job educate themselves about this social issue.

First, let's consider the rights and responsibilities that employees with emotional disorders are given by law. The Americans with Disabilities Act of 1990 of 1990 provides the same protections for them as for workers with physical disabilities. Some of the most common issues faced by workers include depression, anxiety, bipolar disorder, and substance abuse. Any of these can be a protected problem if they substantially interfere with a major life activity such as self-care or employment.

If a job applicant or employee desires protection under the Act, he or she must disclose his or her health information to the Human Resources department at his or her workplace. There is no legal requirement to disclose health information to any other co-worker who does not need to know it. Additional information that workers may want to provide includes their symptoms and needed accommodations.

Employers are not required to provide services that will cost an unsustainable amount or endanger other employees. If they make this choice, however, the burden of proof will be on them if the case ends up in court. If they cannot, it is illegal for them to fire or refuse to hire an employee based on nothing but his or her health complications.

Once a person begins a new job, he or she is protected against any form of harassment or discrimination while there. This can include biased and insulting language, unfair negative appraisals, being unjustly passed over for promotions, or a hostile work environment. Supervisors have a duty to educate people about these policies and enforce them whenever necessary.

Mental health and employment is a complicated issue. In order for the situation to work best for everyone, communication is very important. Workers need to clearly inform the necessary people about their needs, while managers need to be clear about rights and expectations. If everyone is informed and open-minded, there can be a productive and friendly environment for all.

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It Only Takes a Second - The Dangers to Motorcyclists on the Road

Motorcyclists are the most vulnerable vehicle users on the road today, which is in part due to the lack of protection a motorcycle offers its driver compared to a car. It is 25 times more likely that a motorcyclist will be killed in a road accident compared to the risk factor to a car driver. An increase in motorcycle sales in recent years has caused a corresponding increase in serious road traffic injuries caused to riders.

A high proportion of motorcycle accidents will result in a serious injury. Depending on the extent of the damage, sufferers may require a lifetime of support from both a physical and financial perspective.

A motorbike accident can be a very traumatic experience often resulting in serious injuries. A common injury to occur from road traffic accidents that involve motorcycles is a spinal injury. Spinal injuries tend to be sustained by the rider and depending on the level of injury, this can result in paralysis.

Head and brain damage are also likely injuries to occur from motorcycle accidents. Depending on the force of the collision, the impact can dictate the level of severity of the injury and the affect on the sufferer's physical function, which can vary greatly. Wearing a good quality safety helmet (which is a legal requirement to drive on UK roads) can help to protect drivers from the worst extremes of injury, but do not offer guaranteed protection against damage to the neck.

As well as spinal and head injuries, road accidents involving motorcyclists can also result in amputation depending on the severity of the injuries sustained. Amputation can occur at the time of the accident or at a later date once hospitalised.

Less serious injuries include multiple broken bones and lacerations. Although these may not be life threatening in the same way as spinal and head injuries, they will still require prolonged medical treatment and recovery time. Protective clothing and footwear can help reduce the risks of minor accidents and should be worn at all times whether a driver or passenger on a motorcycle.

The types of crash involving motorcycles are often different to those involving cars and other road users. Contributing factors to motorcycle crashes are most likely to involve collisions with other road users at a road junction. This situation is so common that it has been given its own anachronism - 'SMIDSY' or 'Sorry mate, I didn't see you'. Although the visual profile of a motorcyclist is one third that of another car, this is still not a valid defence and it is this that is often used to ensure that motorcycle victims get the compensation they deserve. Although motorcyclists are not always angels on the road and are sometimes contributors to an accident, the majority of cases involve driver error on the part of other road users who are simply unaware of the motorcyclist's presence.

Motorcycle accidents, no matter how serious, require advice from specialist legal teams with a professional level of understanding and support. Motorcycle accident compensation teams are dedicated entirely to understanding the needs of those who have sustained an injury as a result of a motorcycle accident from both a legal and physical perspective. This unique approach ensures that clients receive the maximum level of motorcycle accident compensation along with a real understanding of the long-term care that may be needed as a result.

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Houston Divorce Lawyer - West Houston Attorney Answers Common Questions About Mediation

If you are reading this, then you are probably either thinking of filing for divorce -- or have a feeling that your spouse may be filing for divorce -- whether you want to separate or not.

One of the common questions that an individual going through the divorce process asks is "What is a Divorce Mediation?"

Mediation is a process which allows both you and your spouse to maintain control over your destiny and the terms of your divorce settlement. Both parties and attorneys attend either a four-hour or eight-hour mediation, depending on the complexity of your case.

Is the Mediator a Lawyer?

Although some mediators are social workers, most commonly the mediator is a lawyer who acts as a neutral person to help you settle your case.

How is the Mediator Chosen?

The mediator is chosen and agreed upon by the attorneys. Every Family Law attorney has a "short list" of competent mediators who specialize in family law with whom we are familiar, whose style we are comfortable with, and who we have found to be effective, particularly considering the individual aspects of your specific case.

What is the Role of the Mediator?

The role of the mediator is to facilitate an agreement between the parties to prevent the necessity for a trial.

Can What I Say Be Used Against Me Later?

Everything said during mediation is confidential. The mediator cannot be made to testify in court if a settlement is not reached. The mediator will only report one of two things: "settlement": or "no settlement".

Further, you and your attorney will advise the mediator what you do or do not want shared with your spouse and your spouse's attorney!

How Does This Work Exactly?

Procedurally, you and your attorney will remain in one room, while your spouse and his or her attorney stays in a separate room. The mediator travels from room to room conveying each side's offer and/or counteroffer.

Sometimes, the parties mediate by all being in the same room together. This is common if your mediation is taking place at a county dispute resolution center.

Law Office of Marilyn Gale Vilyus

Attorney/ Mediator

16151 Cairnway Drive Ste. 210

Houston, TX 77084
281-550-6650

http://www.westhoustonattorney.com

Not certified by the Texas Board of Legal Specialization.

This article is designed for general information only. This information is not intended to be legal advice. Consult an attorney for before making any legal decisions based on your individual circumstances.

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Michigan Truck Accident Lawyers

A lawyer is a person who is licensed by the relevant statutory authorities to impart legal advice to clients in legal matters and represent them in courts of law. Most countries today require professional law advisors in their judicial systems.

The practicing lawyers in Michigan are usually members of the state bar of Michigan, and are licensed by the State of Michigan to practice law. Even though all the lawyers possess a law degree, they specialize in different fields of law and tend to deal with specific grievances, such as accidents, and divorce. Michigan personal injury lawyers usually handle lawsuits involving personal injury, insurance claims, class actions and other injuries such as those resulting from a truck accident.

A typical Michigan truck accident falls under the same type of litigation as any other vehicle accidents. A Michigan truck accident may be the result of manufacturers, distributors, suppliers, or retailers negligent acts. It is necessary to first identify the type of case. The Michigan truck accident lawyer can inform the person regarding the various types and set them on the right track.

With the increase in the number of trucks on Michigan highways, there is a corresponding increase in accidents that occur. A person who drives a vehicle negligently and causes a truck accident, may be liable for any damages to the property and/or injuries to the persons involved.

Depending on the parties involved, the extent and seriousness of the injuries, the lawyer will file a lawsuit in the court of Law, seeking damages for the injuries sustained by the person involved in the accident.

It is important to seek the help of a competent specialized lawyer as soon as possible after the accident. This is because the lawyer can guide the injured person to immediately take the necessary steps to record the evidence, file the suit in a court and conduct the legal proceedings as per the provisions and requirements of the law.

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Requirements Needed For Gaining a UK Work Permit

In order to apply for a work permit you need to be in a good position to work. This could mean you are highly skilled with a degree, or it could just mean you have an employer ready to take you on. Highly skilled migrants could apply for the Highly Skilled Migrant Programme (HSMP). Successful applicant of this type of visa will be allowed to work anywhere in the UK for two years and longer if you can prove your in full time employment when your two years runs out.

Those that are not highly skilled will not be able to apply for a work permit themselves. Only employers can apply for a work permit. These employers need to prove the chosen candidate is experienced enough to be granted a work permit, or that they have a UK degree equivalent qualification, NVQ at level III or above or a HND level occupation.

As well as the ability to work with equivalent qualifications employees also need to prove they have tried at great lengths to employ an EEA resident including advertisements in the paper, advertisements in the local job centre, internet advertising and have allowed four weeks for any responses.

There are some jobs that do not need to be advertised before an employer applies for a work permit. These are positions of high level executive and positions on a board of directors where the migrant would be reporting directly to the board of directors. There are lots of skilled positions on the official shortage list which also fall into this category. These include the healthcare profession including Doctors, Dentists and Consultants, teachers for all subjects which are covered by compulsory schooling. Another category on the official shortage list is all work in the Ground Engineering and general engineering sector. Also veterinany surgeons are also needed.

If you fall into any of these categories you should certainly be successful in gaining a UK work permit. The actual process is relatively easy and shouldn't take more than a couple of weeks to complete. Once an online application form (WP1) is filled out it will need to be sent to the Home Office Border and Immigration Agency in order for it to be improved. You will need to send copies of all academic/professional qualifications. Your past employer's references covering, ideally, the last 5 years your employment. A signed contract if applicable and the employer's proof that they have been trying to find employers in the UK, by copies of the advertisements. (This is only if the job in question is not in the official shortage list.)

Once your work permit has been granted the original document will be sent to you by your employer as you will need it in your possession before you enter the UK. You will also need to present your documents, your work permit, passport and any necessary Visas to the immigration officer based at the port of entry. Once you have done this you will be granted entry for the duration of the work permit. However if you are classed as a visa national you simply just need to arrive in the UK with your work permit and your passport, it should be noted that your passport needs to be valid for at least six months from your date of entry into the UK. If you are not classed as a visa national you will need to apply for an Entry Clearance Visa at your nearest British Embassy based in your home country.

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K1 Visa Process Likely to Remain Largely Unchanged in 2010

The K1 fiancee visa has been a popular travel document for those who have a foreign loved one whom they wish to bring back to the United States. In 2009, the K1 visa process remained largely unchanged when compared to 2008. However, there may be changes in store for the K1 visa in 2010. This article looks at the possible changes that couples could expect to encounter in 2010.

For those unfamiliar with the K1 visa process the following is a brief synopsis:

First, a K1 visa petition is filed by a US Citizen fiance at a USCIS Service Center in the USA. USCIS adjudicates the US Citizen petitioner's application and, upon approval, forwards the application on to the National Visa Center. The National Visa Center (NVC) is under US State Department jurisdiction and is responsible for conducting security clearances and forwarding case files on to the Embassies or Consulates abroad. In the Kingdom of Thailand, nearly all K-1 visa applications for Thai Nationals or other foreign nationals residing in Thailand are adjudicated at the American Embassy in Thailand. The Consular Officers and State Department Personnel at the US Embassy will carry out a visa interview and, if the visa application obtains approval, issue the K-1 visa.

Overall, the above outlined process will likely remain the same for most couples in 2010. That being said, a recently proposed rule from the American State Department would likely increase the American Embassy Consular Processing and visa interview fees. A current proposal would raise these fees from one hundred and thirty-one to three hundred and fifty dollars. For most people, a fee increase of $220 is substantial. This may have an impact upon those who even opt to file for a K1 visa as this $350 Consular Processing fee could prove to be prohibitively expensive.

Another change that could occur in 2010 involves Comprehensive Immigration Reform. At present United States legislators and the President are discussing ways of overhauling the American Immigration system. Some have wondered if these changes to the US Immigration system will impact the K category visas under the Immigration and Nationality Act. It is this author's opinion that 2010 will not likely see dramatic changes for those seeking a K1 fiancee visa, but by being prepared for upcoming legislation attorneys, applicants, and petitioners will be able to better anticipate possible problems before they arise.

(Please note, the above article should not be viewed as a sufficient substitute for individualized legal advice from a competent licensed attorney. The information imparted above is for general research purposes exclusively and shouldn't be viewed as specific advice regarding an individual set of factual circumstances. For those who are interested in obtaining information about United States Immigration law, it might be optimal to make contact with a licensed United States Immigration lawyer.)

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Laws Can Check Criminal Activities

The actual definition of crime varies from society to society. Violation of laws is accounted as a crime by the governing authority, but the laws tend to change. Though every crime is causing a violation of a law somehow, every violation of law is not a crime. Treachery could either harm the public or the state in some way. A bail bond provides an assurance to quick release from imprisonment. The convict can fight off his case in a better way if he gets released by using this option of bail bonds.

Las Vegas also has the criminal law in place like any other state in America. An offense committed against the community or state is punishable under the law of the state. There is a sleek difference in immoral act and a crime. Many crimes are immoral, but it is not necessary that all immoral actions are illegal. The definition of crime changes over time due to the change in social values, thus the law of the state changes accordingly. These are just the minor changes; however the infrastructure remains the same.

In most of societies around the world, crime is dealt with by the judicial system. This system comprises of law enforcing agencies which mainly consist of the police task force. The law regulating agencies, such as courts, impose penalties such as fines or imprisonment. The severity of an offense determines whether the convict needs to be served an imprisonment or a death sentence. The penalty on some of the offenses may vary due to the difference of gender and age. A child may not be punished as severely as an adult would have on his offense. There is a separate section for juvenile delinquency in which a convict is dealt with in a different way.

Whereas capital punishment has been abolished from most European countries, Las Vegas, along with other American states, still inflict this punishment for the most treacherous offenses. For other non-capital offenses, there are other penalties such as imprisonment. The punishment could be waived on the condition that the convict does not involve in any such offense next time. After his release, he still remains under surveillance for a set period of time.

Penalizing a criminal in one way or the other is a most distinctive part of judicial systems around the world, but it's important that a punishment should not be a means of vengeance but rather a fair means to eliminate evil from the society. However, if it is meant for retribution, then most of the times you will not be able to see justice. Law is meant for the reformation of the society, and vengeance could not be justified in this regard as one could easily take law in his hands in retribution.

That is why we have law enforcing agencies and the judicial system working in coordination to keep a check over crime. Penology is aimed to reform or rehabilitate the criminal. During imprisonment, a criminal is trained and educated to make him a law abiding citizen before he is released in to the community.

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Car Accidents are Common in Los Angeles--Good Personal Injury Lawyers Aren't

Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesn't register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot "feel" their affected body parts, and are generally insensitive to pain or heat. As a result, a victim's health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient's quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV's are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body's sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims' care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone's life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won't go away

having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)

slowness in thinking, speaking, acting, or reading

getting lost or easily confused

feeling tired all the time, lacking energy or motivation

changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *

feeling light-headed or dizzy, losing your balance

increased sensitivity to sounds, light, or distractions

blurred vision, eyes that tire easily

loss of the sense of smell or taste

ringing in the ears

mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily

irritability or crankiness

changes in eating or sleeping patterns

changes in the way the child plays

changes in performance at school

lack of interest in favorite toys or activities

loss of new skills, such as toilet training

loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

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Mesothelioma Cases

This is a very painful and costly illness. The settlement can help ease the burden brought about the disease by helping patients with their treatment and other medical fees. It will also provide the families left behind by mesothelioma victims with financial security. Victims of this disease can turn to specialized mesothelioma lawyers to claim due compensation for their suffering by filing a lawsuit against the asbestos company that caused their disease.

There are two types of mesothelioma lawsuits. The first is the personal injury lawsuit where the victim, or the person diagnosed with the disease, is living and files the lawsuit himself. The second is the wrongful death lawsuit wherein the spouse or the family of the person who passed away due to the illness files the lawsuit and represent the diseased.

Mesothelioma cases generally take a year to be completed, and it takes a couple of months, sometimes a number of years, for the company to pay the settlement after the amount is agreed on by both sides. But when the company declares bankruptcy, the plaintiff, unfortunately, gets nothing. But the figure is encouraging. There is am overwhelming number of documented successful cases against asbestos manufacturing companies. The settlement amount paid by companies ranges from a hundred thousand to a couple of million dollars.

One example of the many successful mesothelioma lawsuits is the case of Caldo vs. John Crane, Inc. (2005, San Francisco Superior Court, Case No. 412325)

Mr. Caldo was a navy mechanist and an engineering officer exposed to asbestos made by John Crane, Inc. Mr. Caldo was responsible for removing and installing pump and valve packing and gaskets during his naval career. All through his working years, Mr. Caldo was exposed with airborne asbestos from the thermal insulation, packing, and gaskets in the engine rooms of ships. At 60, he was diagnosed with Pleural mesothelioma. He filed a case against the manufacturer, John Crane, Inc. and the jury returned a verdict of $8.6 million in his favor. This settlement amount enabled him to live comfortably the remaining days of his life. Although the disease eventually took his life, he was able to secure the future of his family.

Another successful mesothelioma lawsuit was filed by Mr. Hoeffer against Rockwell Automation. (2003, San Francisco Superior Court, Case No. 28817)
As an electrician for most his life, Mr. Hoeffer was constantly exposed with asbestos contained in the electrical equipment he worked with. After he was diagnosed with Pleural mesothelioma, he filed a lawsuit against Rockwell for its defective products and negligence. The company held out from agreeing on a settlement. In the end, the jury awarded $2,999,543 to the 74 year old retired electrician.

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Texas Medical Professionals & the Licensing Complaint Process - What to Expect Every Step of the Way

You have just spent years of your life in the classroom and walking the hallways of teaching hospitals developing the skills and knowledge needed to be a member of the Texas medical establishment. In many instances, you still find the federal government or a local lending agency reminding you every month that part of your hard-earned salary still belongs to them in the form of a school loan (I know that feeling!). And you have taken and passed your boards exams and now you are full-fledged licensed doctor, nurse or dentist in the State of Texas. Now, you find yourself faced with an accusation from an employer, patient or a colleague that threatens to damage your reputation and even end your new medical professional career. For those who have never faced the complaint process that is practiced by the Texas Licensing and Boards agencies, the road ahead may seem quite daunting. However, learning as much as possible about what to expect as the complaint process moves forward and having an experienced attorney by your side through every step of the process can make the defense of your professional standing a more manageable ordeal.

This article will target Texas medical professionals and will explain the licensing complaint process from the moment that an accusation is made through any possible appeals to the determined findings and subsequent punishment. While there are commonalities to the procedures for the Texas Medical Board, the Texas Board of Nursing, and the Texas State Board of Dental Examiners, any details that are specific to one or more of these governing boards will be described as well.

Step I: Someone is very Unhappy

Somewhere out there, a patient, co-worker, employer, pharmacist, or anyone else who has had professional contact with you believes that you are acting in a way that violates the behavior or practices expected of someone in your position. Every complaint that is submitted to one of Texas' licensing boards is taken very seriously and must be reviewed by investigators. Concerning licensed doctors, the most common complaints are inappropriate prescription of a drug or treatment plan, unprofessional conduct, or mental or physical impairment that makes it impossible to practice medicine.

The complaints filed against dentists are automatically issued a level of priority, with Priority One representing serious violations such as patient death, patient injury, practicing without a license, and unsanitary conditions and Priority Two including less-serious threats, such as records-keeping and advertising violations.

The Texas Nursing Practice Act is the guiding law for the appropriate practices of nurses, and violations of the Act may include unnecessarily exposing a patient to harm, unprofessional conduct, failure to provide adequate care, and impairment due to addiction or mental illness.

Investigators who are assigned to the licensee's case may determine that either no violation has occurred or, while the reported behavior was inappropriate or not reflective of the best possible customer service, the act that occurred does not fall under the jurisdiction of the licensing boards. The boards will not investigate a bedside manner that is less than warm and friendly. They are way too busy for that. Neither will the Board of Nursing investigate a violation of a specific administrative hospital policy, as such problems should be handled within the institution itself. And, if one of your patients had to sit in a waiting room for two hours before he was taken back to your office, he may have a right to be frustrated and annoyed, but he generally does not have grounds for an official complaint or referral to the Texas Medical Boards.

Step II: Someone is very Unhappy and You Need to Know about It

Once the investigators determine that there is factual and/or legal merit to the complaint, you will be notified in writing and will then take on the role as a "respondent." It is in your best interest to respond to a complaint against you quickly and thoroughly. Please follow the specific deadlines given to you in the complaint letter, which normally requires a response within two weeks (or maybe 30 days) of receipt. You cannot hide the complaint letter under a stack of papers on your desk and hope the problem will go away, which is what many licensees do. You also cannot be incredulous that anyone would make such an unfounded accusation and choose not to dignify the letter with a response. You must provide as much detailed information about the complaint as possible. Be prepared with patient records, eyewitnesses, medical research-any piece of evidence that will result in justification for the decisions you made. The investigators assigned to the case also will be completing their own research, subpoenaing records from hospitals and pharmacies. Know that, under HIPAA, the Texas Medical Board and the other related licensing boards are authorized to view medical records without patient consent.

After information has been gathered from all parties involved, the applicable Texas licensing board may then make a decision to move forward with litigation, request more documentation, or dismiss the complaint outright. In the case of the Texas Medical Board, this decision will be made by two members of an expert panel who are board certified in the same specialty as the respondent. For dentists, the next step is determined by the Board Secretary. Nurses can expect that the Board of Nursing (or a committee) will review the evidence concerning their complaints as a whole.

Step III: Welcome to Litigation

If the complaint against you is found to have legal and/or factual merit, your presence may then be requested at an informal settlement conference. And if you are not already a resident of Austin or the surrounding areas, prepare to pack your bags for a trip to our beloved state capital.

During this conference, you will have the opportunity to present your case before a panel of medical licensing Board members. Attorneys are both welcomed and recommended to take part in the process, but realize that the Board wants to hear from you directly. This is not a formal courtroom in which specific legal procedures or rules are expected to be followed, but instead an opportunity for arguments to be presented and questions to be asked.

In an overwhelming number of Texas license cases, the complaint process comes to its conclusion here. The Board will determine whether or not a violation occurred and propose a settlement, known as an agreed or board order, which includes any fines or other restitution to be made by the respondent. If both parties agree to the proposals and sign the document, the order is put before the entire Board for approval and ratification. Recommendations in the order may include; restriction or suspension of your license, additional training or medical education, drug testing, a fine, a public apology, or a combination of these penalties.

Step IV: Here Comes the Administrative Law Judge

There are instances in which a resolution cannot be reached through the informal settlement conference. In these situations, your case will be forwarded to the State Office of Administrative Hearings (SOAH). A formal and public filing will be posted and an administrative law judge (ALJ) will be assigned to your case. Witnesses are called to testify, records are put into evidence, and legal arguments are made by representation for both sides. Think of this process just like a trial but without a jury present. Once both sides have presented their case to the ALJ judge, he or she will issue a Proposal for Decision (PFD) to the appropriate Board. The authority to determine appropriate sanctions is now once again with the Board members, who now have the added authority of a judge's ruling to consider and perhaps ratify. The determined penalties following a judge's PFD are similar to those you could expect from the informal settlement process.

Step V (option one): Do What They Say

Assuming you have come to an agreement with the complainant, either through the informal settlement conference or in front of an administrative law judge, now is the time to comply with the order to which you provided your signature. As mentioned earlier, this could include the payment of fines, completion of some continuing education, handing over your license for a designated period of time, participation in a drug or alcohol program, or a variety of other reprimands. In most instances, you will be given a specific time frame in which you must complete all of the assigned penalties. Whatever the consequences may be, note that these orders are part of your permanent public record and may be disclosed on the Board's web site or the next quarterly newsletter.

Step V (option two): Don't Do What They Say-The Appeals Process

Perhaps you have gone through both the informal settlement efforts and had your case heard before an ALJ judge and you still do not agree with the decision that has been reached concerning the complaint against you. As with any other legal matter, you have the right to appeal the determined order. An Appeal of the Findings of Fact and Conclusions of Law or the Proposal of Decision issued by the administrative law judge may be filed with the Travis County District Court in Austin. Medical professionals also may file an appeal against the appropriate Board if they believe the punitive measures determined by the Board do not match the findings issued by the administrative law judge. Appeals can also go all the way to the Texas Supreme Court. Depending on the specifics of the complaint, in rare circumstances the case may find its way into the federal court system as well. Nevertheless, if you take this option, expect to pack your bags for another trip to our state capital.

Conclusion

The reality is that if you are a doctor, nurse, dentist, or other medical professional in the state of Texas, there is a good chance that you will be called upon to defend your reputation (and your license) at some point in your career. There are around 6000 complaints filed every year just with the Texas Medical Board, and nearly half of these are opened for investigation. You will do yourself a great service by knowing the complaint process from beginning to end before a problem ever arises. This way, you will be educated and prepared to act in the midst of what can be a very emotional experience. In addition to knowing what to expect once a complaint is filed against you, you also should make it a priority to have experienced legal counsel with you every step of the way. You need an attorney who knows what it means to appear before your professional licensing boards and to participate in administrative law hearings. With the benefit of your own knowledge and the expertise of a lawyer, you put yourself in the best possible position to maintain the professional reputation you have worked tirelessly to create.

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Caregiver Versus Personal Attendant - Wages and Benefits

Are you a caregiver or a personal attendant who works in a private household or home? As a household worker either as a caregiver or personal attendant, are you entitled to minimum wage? over-time pay? other benefits?

If hired directly by an individual or family, your benefits are different from one who is hired by a private firm or agency and governed by general employment laws: applicable federal and state statutes.

A live-in employee as opposed to a live-out employee is subject to special work rules discussed below.

A caregiver or "care custodian" is defined by Section 15610.17 of the California Welfare and Institutions Code as:

"... an administrator or an employee of...public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff."

A "personal attendant" is not entitled to overtime compensation, unless: (1.) he or she is a live-in employee; or (2.) he or she does general household work (cleaning, cooking, feeding, dressing, or supervising) that exceeds 20% of the total work time; or (3.) he or she does nurse-like duties (checking pulse, taking temperature, giving medication) more than 20% of the total work time.

In these three instances, the household worker is no longer considered a "personal attendant" and is entitled to overtime pay. Otherwise, light house keeping and cooking chores qualify as work exempt from overtime compensation.

Personal Attendant As Defined In CA IWC Wage Order 15:

Section 2(J) of the California Industrial Welfare Commission (IWC) Wage Order No. 15-2001 defines "personal attendant" as follows:

"'Personal attendant' includes baby sitters and means any person employed by a private householder or by any third party employer recognized in the health care industry to work in a private household, to supervise, feed or dress a child or person who by reason of advanced age, physical disability, or mental deficiency needs supervision. The status of 'personal attendant' shall apply when no significant amount of work other than the foregoing is required."

Indeed, the California Division of Labor Standards Enforcement (DLSE) has historically adopted the standard used in the federal regulations, 29 C.F.R. 552.6 on "companionship services," to wit:

"...(T)he term 'companionship services' shall mean those services which provide fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs. Such services may include household work related to the care of the aged or infirm person such as meal preparation, bed making, washing of clothes, and other similar services. They may also include the performance of general household work: Provided, however, that such work is incidental, i.e., does not exceed 20 percent of the total weekly hours worked."

Federal regulations, 29 C.F.R 552.6, supra, further clarifies that:

"The term 'companionship services' does not include services related to the care and protection of the aged or infirm that require and are performed by trained personnel, such as registered or practical nurse."

Thus, the acceptable duties of a "personal attendant" involve activities of daily living such as getting in or out of bed, showering, bathing, using a toilet. A "personal attendant's" duties of "supervising" would include assistance in obtaining medical care, preparing meals, shopping for personal items or groceries, using a telephone, even managing money.

As long as any general housekeeping duties performed do not exceed 20% of the weekly working time spent by a "personal attendant," he or she is exempted from the protections of California Wage Order No. 15-2001 such as overtime compensation, etc., except for minimum wage. But prior to 2001, a classification as "personal attendant" also excluded minimum wage in California.

This overtime compensation exemption also applies to "personal attendants" as well as other household workers such as caregivers, spending 20% or less of their working time doing general household work, who are employed by an agency and sent to private households to work.

Benefits Of Household Workers:

A. Minimum Wage:

The state minimum wage covers all employees, including household workers (live-in employees, caregivers, and "personal attendants") but excluding legitimate independent contractors. The current California minimum wage is $8.00 per hour since January 1, 2008, a 6.7% increase over the previous $7.50 minimum wage.

There are several factors that determine whether a person is an independent contractor or not. But the primary factor is control by the employer of the means, manner and outcome of the job. An independent contractor runs his or her own household services business, has his or her tools and materials, and controls the manner and outcome of the job.

Independent contractors are not covered by minimum wage and overtime compensation statutes.

B. Overtime Pay:

Household workers who are not live-in employees, as well as "personal attendants" who do general household work that exceeds 20% of their weekly working time, are entitled to overtime compensation, consisting of one and one half times their regular rate of pay for working more than eight (8) hours in a day, or more than (40) hours in a week.

Live-in employees must be paid one and one half times the regular rate for all hours worked over twelve (12) hours (instead of over eight (8) hours) in one work day for five (5) workdays. On the sixth and seventh day, live-in employees must be paid double the regular rate for all hours worked over (9) hours per day. See California IWC Wage Order No. 15-2001 §3(A)-(B) (8 Cal Code Regs. § 11150(3)(A)-(B)).

Under federal law, 29 U.S.C. § 213(a)(15), "any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves" is granted exemptions from minimum wage and overtime pay.

C. Other Benefits Of Household Workers:

1. Hours And Days Of Work:

A live-in employee is entitled to at least twelve (12) consecutive hours free of duty during each workday of twenty-four (24) hours, and the total span of hours for a day of work should not exceed twelve (12) hours, except that: (a) the employee must have at least three (3) hours free of duty during the 12 hours span of work; and (b) the employee required or permitted to work during scheduled off-duty hours or during the 12 consecutive off-duty hours must be paid one and one-half times the regular rate of pay for all such hours worked. See California IWC Wage Order No. 15-2001 §3(A).

Moreover, no live-in employee shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency. See California IWC Wage Order No. 15-2001 §3(B).

2. Rest And Meal Periods:

Household workers are entitled to a ten-minute paid rest break for every four (4) hours of work under California IWC Wage Order No. 15-2001 §12(A), and a thirty-minute meal period of every five (5) hours worked, just like others kinds of employees, under California IWC Wage Order No. 15-2001 §11(A).

Otherwise, the employer shall pay the employee one (1) hour of pay at regular rate for each workday that the rest period, or the meal period is not provided. See California IWC Wage Order No. 15-2001 §§12(B), 11(D). But "personal attendants" are not granted rest and meal periods.

3. Meal And Housing Deductions From Wages:

The employer may subtract meal and housing credits from the employee's paycheck if: (a) the employee actually uses the meals and is provided with housing; (b) meals and housing are used as salary to comply with the minimum wage; and (c) the employee executes a voluntary, written agreement, crediting meals and housing towards minimum wage.

Meal credit may be deducted as follows: breakfast - $2.45; lunch - $3.35, and dinner - $4.50. Housing may also be credited at $31.75 per week for a room ($26.20 if shared). See California IWC Wage Order No. 15 - 2001 §10(C).

In summary, whether you are a caregiver or a "personal attendant" entitled to particular wages and benefits in California or in other states depends on whether the general household work you do exceeds 20% of your total work time.

(The Author, Roman P. Mosqueda, practices wage and hour law in California.

This article is not legal advice, and no attorney-client relationship is formed with the reader. For specific labor law issues, consult a competent attorney.)

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