Discuss all things Related to Law

Wednesday, August 24, 2005

4 Tips to Help You Find a Reputable Mesothelioma Lawyer

Robert Linebaugh



Mesothelioma is a rare form of cancer that affects the sac lining the chest (the pleura), the lining around the heart (the pericardium), or the lining of the abdominal cavity (the peritoneum). Studies have shown that people, who suffer from the disease mesothelioma, were exposed to an abundance of asbestos at one time or another in their life. Unfortunately, many people become exposed to asbestos unknowingly, usually as part of a job. Because of this, someone who has mesothelioma is often entitled to compensation. There are many mesothelioma lawyers, but the following easy tips can make it easier to find a mesothelioma lawyer.

1. Research all you can concerning mesothelioma. The more you understand the disease affecting you or a loved one, the better you will be able to judge a lawyer’s expertise. A lawyer who understands many aspects about the disease is the ideal lawyer. If your lawyer understands your or your loved one’s symptoms, and complications stemming from the disease, he or she will be better able to defend you. Unfortunately, some lawyers do not “do their homework” in regards to medical cases. This often leads to losing cases. A reputable lawyer will certainly know the ins and outs of the disease, so be sure to ask as many questions as you can think of.

2. Use phone books and Internet search engines to find lawyers. This may seem simple, but some people don’t bother taking the time to look through many lawyers. Accepting the first lawyer that calls, or that one sees on TV is not a good idea. Searching in Google for the keyword “mesothelioma lawyer” will yield better results in the end than simply accepting whatever lawyer comes along. Giving yourself a variety of lawyers to consider will give you the best idea of who will be willing to work hardest for you, who is sincere, and who will most likely help you win your claim.

3. Read the fine print, and know your lawyer’s case history. Once you are nearing your decision and narrowing down potential candidates, take your research to a new level. It is always a good idea to find out about a lawyer’s case history. Additionally, it is advisable to know exactly what kind of deal the lawyer is seeking with you. Lawyers dealing with medical-related lawsuits usually do not get paid unless they win the settlement. Some lawyers request different percentages. Compare these requests and choose the lawyer that you would feel most comfortable with. Unfortunately, some lawyers might try to take advantage of an unknowing client. In order to protect your interests, and make sure you acquire the top-notch lawyer you deserve, do background research on lawyers before signing up.

4. Finally, don’t be afraid to take advice. If a friend, or colleague suggests a lawyer, don’t hesitate to check it out. If a friend refers you, he or she obviously has your best interests at heart, and so the lawyer is probably well qualified to take on your case. There are many groups out there for mesothelioma patients. If you or a loved one is in one of these groups, don’t hesitate to ask for advice from others who have mesothelioma. Advice is often taken for granted, but it is one of the most valuable things a friend can give.

Mesothelioma is an awful disease, but there is compensation. This compensation can either be sought in a wrongful death suit, or while the patient is still living. It is advisable to find a lawyer as quickly as possible because there is often a statute of limitations on filing a lawsuit. The basic idea when searching for a mesothelioma lawyer is to be as educated as possible. Know what you want, and find a lawyer that is willing to help you in any way possible. Being well informed about your disease and potential lawyers will put you on the path to compensation.

About the Author

Robert Linebaugh is interested in medical topics, especially mesothelioma.



Corporate America Scandals Denies Rightful Benefits

Everett Sizemore


In yet anther scandal by corporate America, the largest disability insurance carrier in the United States is accused of purposefully denying rightful benefits to policyholders in order to increase corporate profits.

UnumProvident was fined $1 million in March by insurance regulators in Georgia. “They were systematically looking for any possible shred of data or excuse to deny a policy,” said the Georgia State Insurance Commissioner.

New York State Attorney General Elliot Spitzer brought a lawsuit against UnumProvident in November 2004, resulting in a $15 million fine. "These claim denials involved vulnerable workers – those whose illnesses and injuries prevented them from continuing their employment,” said Mr. Spitzer. "This settlement sends a strong message to disability insurance companies that improper denials of disability claims will not be tolerated".

In April 2003, a federal jury in Arizona awarded $84.5 million to an injured policyholder after finding that UnumProvident and MetLife, Inc acted in bad faith in their handling of the claim.

These prior cases show that, with proper legal council, every American has the ability to fight and win against corporate greed. If you or someone you know has been wrongfully denied a disability insurance claim, contact the Jacoby & Meyers Law Offices at 1-888-522-6291 for a free consultation.

UnumProvident is affiliated with the following subsidiaries:
-First Unum Life Insurance Company (NY only)
-Provident Life and Accident Insurance Company
-Provident Life and Casualty Co.
-Provident Life and Casualty Insurance Company (NY only)
-The Paul Revere Life Insurance Company
-Unum Life Insurance Company of America

About the Author

Jacoby & Meyers believes when someone pays their insurance premiums in good faith they should receive the same honest, responsible treatment from the insurance company in return.



The New Bankruptcy Law -- How Will It Affect Debt Negotiation?

Charles Phelan


In April 2005, Congress made sweeping changes in U.S. bankruptcy law that will go into effect on October 17, 2005. It's called the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," and it means big trouble for Americans struggling with debt problems.

What effect will the new bankruptcy law have on the practice of Debt Settlement (also called Debt Negotiation)? Will creditors still be willing to negotiate with consumers seeking to avoid bankruptcy? Will lump-sum settlements for 30%, 40%, 50% still be possible now that this tough new law has been passed?

The short answer is "YES." It will be "business as usual" in the collection industry. People that choose to file bankruptcy will definitely be affected for the worse, as I'll outline below, but those who choose to privately negotiate their way out of debt will notice very little difference. Creditors will still negotiate. Deals will still be made. And nothing much will change in the world of collections. In fact, a viable alternative to bankruptcy will be needed more than ever.

The credit card banks lobbied with millions of dollars to get this law passed. They've been working at it for about a decade. Now they are celebrating. These are the folks who think the bankruptcy system has been abused by wealthy individuals, who have defrauded creditors when they could have repaid their debts.

The facts tell a different story:

1. During the period from 1995 to 2004, bankruptcy filings doubled, while in that same period, credit card industry profits TRIPLED.

2. Credit card companies have not been held accountable for their targeting of "easy credit" to individuals who could not afford such loans, which in turn has contributed to the wave of bankruptcies over the past decade.

3. For people 60 or older, 85% of bankruptcies are caused by medical bills or job loss.

4. A divorced woman is 300% more likely to file bankruptcy than a married woman.

5. African-American and Hispanic homeowners are 500% more likely to file bankruptcy than white, non-Hispanic homeowners.

6. Approximately half of all bankruptcies are filed because of medical expenses due to lack of health insurance, or lack of adequate coverage leading to uncovered expenses.

7. The median income of bankruptcy filers is $25,000. (So much for the "rich" abusing the system.)

The new law was a GIFT to the credit card banks, pure and simple. Some estimates show that it will add another $5 billion to the industry's bottom line. In other words, the bill is about profits and not much else.

Since my whole approach is about avoiding bankruptcy, I won't go into a detailed analysis of the provisions of the new law. But just to summarize, the net effect is that many (if not most) people seeking relief under Chapter 7 bankruptcy will be forced to file under the Chapter 13 version instead. In plain English, that means that most filers will be forced to pay back a portion of the debt over a 5-year schedule set by the court.

One of the worst aspects of the new bill is the use of IRS "allowable" expense schedules for determining your monthly budget. In other words, your actual living expense are thrown out the window in favor of the IRS standards (and we all know how generous the IRS can be!). So if your actual rent is $1,300 per month, and the IRS says it should be $1,045 for your county and state, that's TOUGH! The court will only allow the $1,045, period.

In short, people attempting to file bankruptcy after October 17, 2005 are in for an extremely rude awakening! Goodbye cell phones, cable TV, high-speed Internet access, movies, meals with the family, and anything else beyond the minimum allowable expenses as determined by the IRS and the courts.

So what makes me so certain that the banks will be as eager as ever to settle with consumers for 50 cents on the dollar or less? Simple. Two words: Stealth Bankruptcy.

Hundreds of thousands of Americans are going to discover the new reality of this tough law, and they are going to forgo the court system of filing bankruptcy in lieu of what I call "stealth bankruptcy." A stealth bankruptcy is when you move (with no forwarding address), change your phone number, and drop off the radar screen to live on an all-cash, no-credit basis. Many people already choose this path rather than deal with the invasion of privacy that comes with formal bankruptcy. After the new law goes into effect, more people than ever will take this approach.

Besides the problem of stealth bankruptcy, there are other good reasons the banks will settle as they always have. Consider these points:

A. The creditor doesn't know whether or not you'll still qualify for Chapter 7 or Chapter 13 bankruptcy. They still face the risk that you will qualify for Chapter 7 and end up discharging your debt in full, which means they get NOTHING.

B. Even if you file Chapter 13 under the new guidelines, the creditor will still only receive 30-50% of the debt on average (much less in some cases).

C. Under Chapter 13, it will still take the creditors 3-5 YEARS to recover that 30-50%.

D. A lump-sum of 30-50% TODAY is far better than the same amount collected over 3-5 years.

Of course, I certainly expect debt collectors to use the new law to harass and intimidate people who don’t know and understand their rights. You can expect them to say things like, "You can’t file bankruptcy under the new law, so you’d better pay up today!" They will bully and threaten as always, but at the end of the day, they will still accept reasonable settlements. After October 17, 2005, it will still be "business as usual" in the world of debt collections.

About the Author

Charles J. Phelan has been helping consumers become debt-free without bankruptcy since 1997. A former executive in the debt settlement industry, he teaches the do-it-yourself method of debt negotiation. Audio-CD material plus expert personal coaching helps consumers achieve professional results at a fraction of the cost. http://www.zipdebt.com



Monday, August 22, 2005

Seven Sets of Documents You Need For Your Divorce

Scott Morgan


This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

About the Author

Scott Morgan has been a practicing divorce attorney since 1994. To learn about California divorce visit www.california-divorce-info.com for a litany of divorce resources, a free newsletter, and a local attorney directory.



"America’s Voiceless” The Children of Divorce

Susan Murphy-Milano


When people start a new relationship, it is as though Cinderella and her Prince stepped out of that childhood story. A more realistic way to look at it is to think of it as two people who are running for office, campaigning to be in the other person’s life. Forget that it is not who they will be later in life. We are too busy getting the other person to “choose us” so we can live happily ever after. There is, bad habits early on in the relationship we never see. For instance, leaving dirty clothes scattered, drinking directly out of the juice carton, putting a dirty knife back in the drawer and watching from around the corner as they lick it clean, washing is too much effort. Both sides hide their bad habits when they begin dating, because they are too busy running for the highest office in the country, ultimately the office of marriage and parenthood.

This fantasy life fades as people grow together in a relationship. Unfortunately, about sixty percent grow apart during the marriage.

When the marriage ends it is like a house set on fire. All desired hopes, dreams and commitment cherished by both sides, up in smoke. But, we forget that the child of this relationship has yet to lay the foundation of their lives.

Divorce on any level, is devastating. For children, their warm, safe world is suddenly shattered like a broken toy, in many pieces. When parents begin to divorce, do they really stop and think about the children? All too often, the children fall under the invisible heading of “power base” or worse yet, “negotiable”.

A child’s life during a divorce is like a roller coaster, going up minute and down the next. Parents are keeping score of their child’s affection as though they were at a sporting event. Both parents fear losing ground as though their competition, the other parent, chips away at there own individual “power base”. This is an automatic reaction during a divorce. If only parents would stop for a moment and realize, that children have unconditional love for each of them.

Children were not beamed down from space to earth. They were conceived and brought into this world with the greatest expectations, and most of all love. By two people the child calls mother and father. These two people have forgotten that being a parent, role model and teacher, means not putting down the other. Or using the children to emotionally beat up the “competition”. Because, being a parent is a privilege!

A divorce is like a funeral. Of course, there is no casket or service. But the process is the same.
“Funeral” services begin when the parties enter their lawyers office, (I call them legal funeral representatives) they help prepare for the death of their clients marriage.

The lawyers seek out personal, confidential information about you, only to file it in a public record for the world to see.

Attached to this public record filing is a detailed financial description, (yours) of personal property and assets acquired during the marriage.

Somewhere between page 11 or 15 of the divorce agreement, your children are listed, like an asset, by name and age. And on yet another page, you will find the “children”, stating who gets custody when, on what days, with specific times and for how long. Can’t forget the holiday schedules, this appears on yet another page of the divorce decree. This page looks more like a major event schedule, trading odd and even years off during the holidays.

If parents would think for a moment and get off their “power base”, they should be able to work out these very private details among themselves.

Months, and in some cases years later a judge, who I refer to as the coroner (no disrespect intended) sit before these strangers, in a court of law, with people who once vowed to love, honor and cherish each other all the days of their lives, ask if all parties are in agreement, with the tap of his gavel, signs the death certificate (known more commonly as the divorce decree.

I for one think this process is a crime. We allow total strangers to settle our once very happy lives. The greater crime, however, is the children, divided up among the parents like a piece of property. They are the “Voiceless Victims.”

© 2005 - Susan Murphy Milano http://www.movingoutmovingon.com

About the Author

Susan Murphy Milano, is a respected author and nationally recognized relationship expert.Her new book Moving Out,Moving On, when a relationship goes wrong is now available.Susan's quest for justice has been trumpted across the pages of newspapers, magazines, radio and televison, including, Oprah, CNN, MSCNBC, ABC, NBC, 20/20.http://www.movingoutmvoingon.com



Vioxx Personal Injury Lawsuits

Matthew C. Keegan


Personal injury attorneys representing clients who have allegedly been harmed by the prescription drug Vioxx are congratulating themselves over a historic judgment rendered recently. On August 19, 2005, a judge awarded the family of Bob Ernst $253.4 million due to his death from the drug. Vioxx, which had been prescribed most often for arthritis pain, was withdrawn globally by its maker, Merck, after research trials showed it increased patients' chances of a heart attack. Although Merck pulled the drug off the market in September 2004, legal action against this leading pharmaceutical giant will continue and expand. Let’s take a look at why Vioxx has become a litigation lightning rod.

In 1998 as Merck was running clinical trials for Vioxx, company reports to the FDA stated that there were no cardiovascular signals apparent. This meant that there were no telltale signs that the drug could cause heart problems for users. Later, however, it was revealed that an internal study conducted by Merck around the same time – Study 090 – revealed serious cardiovascular problems as compared to patients not taking Vioxx. The study was never published by Merck as the company insisted that it was not large enough to provide definitive data.

The following year the FDA gave Vioxx its approval and the drug became the second nonsteroidal anti-inflammatory medication [or COX-2 inhibitor] to hit the market. Celebrex, another problem drug, was the first.

Merck widely and thoroughly launched a marketing campaign upon the introduction of Vioxx to the marketplace. Indeed, by 2003 the drug had entered 80 nations with sales exceeding $2.5 billion. Still, there were problems looming as ongoing tests conducted by Merck hinted of potential deadly side effects.

As early as 2001, the FDA recommended label warnings be put on prescriptions warning users of potential side effects. In addition, Merck was warned by the FDA to quit misleading physicians about potential side effects.

As potential problems began to surface, they served as red flags to industry watchdogs, to the FDA, as well as to personal injury attorneys who began to gather evidence to show that Merck was negligent. Indeed, web sites and advertising campaigns – meant to inform and attract patients harmed by the drug – were launched and fairly soon the internet, radio, television, and print media were flooded with advertisements asking those suspecting harm from Vioxx to come forward.

With the September 2004 announcement that Merck was withdrawing Vioxx, personal injury litigation was well on its way to being established. By early 2005, the first cases were filed and the Ernst case became the first Vioxx lawsuit to be settled.

Wrongful death lawsuits against Vioxx’s maker, Merck, are expected to increase as the result of the Ernst decision. Personal injury attorneys insist that thousands of former Vioxx users and/or their families are due compensation for Merck’s neglect. It remains to be seen if juries will render judgments as large as the Ernst judgment and whether courts will uphold these amounts. Nevertheless, it is certain that Merck is in for a long battle that will reach well beyond its US base.

About the Author

Matt Keegan is The Article Writer who write on issues of current appeal as well as aviation and business subjects.



California Business Entities – How Long To Get Approved?

Richard A. Chapo


You’ve done your research and have decided on a business entity. You’re chomping at the bit to open a bank account and get moving. You file your corporation or LLC with the Secretary of State and wait…and wait…and wait. Just how long is this going to take?

California Filing Times

The California Secretary of State can be very slow when it comes to approving new business entities. Once you file the entity, you can sit around tapping your fingers for as long as two months. After two months, you may not even remember why you filed the darn thing! Can you avoid this time and momentum killer? YES!

The California Secretary of State offers “rush filing” options for forming business entities. The first is a 24 hour rush that ads $500 to the filing process, an expense that should really only be undertaken if you are desperate. The second option runs a whopping $15 and has a turn around time of 7 to 10 business days. Ah, so this is the way to do it, right? Nah, that would be far too easy!

For rush filings, the Secretary of State requires all filings to be made in person. If you are not located in Sacramento, this can cause a major problem. So, what do you do?

If you are creating a corporation, you can file the articles of incorporation at a branch office of the Secretary of State. Most major cities have a branch, but you can pop on to the web site for the Secretary of State and find your local branch.

If you are forming an LLC, California makes things difficult. For no logical reason, the Secretary of State doesn’t allow LLC filings to be made at branch offices. This policy makes absolutely no sense, but what are you going to do? You are going to beat the state at its own game.

Rush LLC filings must be personally filed in the Sacramento office of the Secretary of State. The policy doesn’t say WHO must personally file it. Using this loophole, you can hire an attorney delivery service in Sacramento to file and pick up the Articles of Organization for your LLC. You simply send them the articles as well as the filing and rush filing fees. You can expect to pay the attorney service an additional $50 to $75 for the service.

California is one of the worst states to do business in. The Secretary of State does everything possible to make filings a pain in the… With this information, you can turn the tables and beat them at their own game.

About the Author

Richard A. Chapo is with http://www.SanDiegoBusinessLawFirm.com - This article is for information purposes only.



Thursday, August 18, 2005

THE PROCEDURES INVOLVED IN REQUESTING FOR A SOCIAL SECURITY STATEMENT

Jinky C. Mesias


It is important that social security members should be knowledgeable on the procedures involved in the various filing and processing scheme of Social Security. These way transactions with the Social Security Administration will proceed smoothly. Likewise, it is also imperative that members should know the types of Social Security documents which are helpful to them. Take for example the Social Security Statement which is a very valuable document that helps to estimate future Social Security benefits. Also included in the statement are the requirements in order for a member to qualify for various Social Security Benefits.

Just how do we get a Social Security Statement? There are online Social Security Statement forms which any member may accomplish and send online. There are also some information that would be required in order to process and to approve the request for a social security statement and these are as follows: a) the name of the member as shown in the social security card b) the social security number c) the birth date of the member d) the member’s place of birth and d) the mother’s maiden name for married women members.

Likewise other information like the member’s last year’s earnings as well as the estimate of the current and future earnings with the additional information pertaining to the age at which a member plans to stop working will really help in estimating present and future benefits. After completely filling up all the required information then and only then will the Social Security Administration process the request.

However, the Social Security Administration will not send its members the requested Statement form via the net instead it will send it via snail mail which a member has to wait for two to four weeks.

The Social Security Statement will contained the record of a member’s earning or earnings history as well as an estimate of just how much a member and his or her employer is paying for the Social Security taxes. Also contained in the Social Security Statement are the estimates of benefits which a member and his family are likely to receive.

All information kept by the Social Security Administration is confidential and cannot be divulge without the consent of the member concern. Social Security has employed numerous ways of ensuring privacy of the accounts as well as all personal information of all its members. Likewise the Social Security also expects that its members to show the same strict guardianship to information requested by them.

For comments and suggestions about the article kindly visit Social Security Attorney

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.

WHAT TO DO WHEN CLAIMS FOR SUPPLEMENTAL SECURITY INCOME ARE DISAPPROVED?

Jinky C. Mesias


The supplemental security income is one benefit that can be considered as pro-poor benefit. But like any other Social Security Benefits, there are some requirements needed in order to qualify for the supplemental security income and these are as follows: a) must be living in the United States or the Northern Mariana Islands, b) must be a citizen of United States or is legally living in the United States, c) must be age 65 or above doesn’t matter if blind or disabled and must meet the required base level of income.

The required base level of income for supplemental security income depends on whether or not the recipient works. Another big factor is the state where the recipient lives since there are states that offer a much higher supplemental security income as well as higher income limits than the provided national standard. The basic asset test for individuals is $2000 and $3000 for married couples. Nevertheless, not all properties owned are included in the basic asset test in fact the primary residence as well as most personal belongings are exempted.

When filing for supplemental security income one should not expect that the processing of the claim would be quick since supplemental security income is also one of the benefits that really takes quite a long time to process and always ends up in disapproval of applications.

The fact is, it’s never been easy having a claim approved by the Social Security and agreeing with everything the Social Security Administration decides on, especially in terms of the benefits to be given to its members is another thing.

The Social Security Administration usually delivers bad news through written notices containing the decision regarding the eligibility of a member to receive benefits. Most often the content of the notice is about the denial or the disapproval of a claim for benefits. And if ever a member does not agree with the decision he or she can always contest it by appealing his or her case to the Administrative Law Judge who handles all cases pertaining to Social Security. The Administrative Law Judge will base his or her verdict on the weight of the evidences presented by the claimant and then after a thorough examination of all the evidence will the Administrative Law Judge decides on the case.

And to further increase the chance of winning a Social Security case it is pertinent for the appealing member to hire the services of a competent Social Security Attorney.

For comments and suggestions about the article kindly visit Social Security Lawyer

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



PERSONAL INJURIES IN COMMON CARRIER ACCIDENTS

Jinky C. Mesias


There are laws governing the operations of common carriers and these laws differ from state to state. However, it’s the Federal Government that regulates all the interstate common carrier laws while the individual states take care of the intrastate regulations.

In cases of common carrier accidents the sustained injuries of the passengers will determine the degree of liability to be paid by the carrier. In addition, the court will also examine whether the common carrier has make use of the required equipment as well as applied a reasonable degree of skill in order to prevent accidents from happening. The law also requires that a common carrier be strictly required to employ the highest degree of care as well as make use of safety measures in order to make sure that its passengers arrived at their destination unharmed.

There some state law that stipulates that a common carrier does not have an absolute responsibility of ensuring its passenger’s safety however there should be utmost care when transporting passengers to refrain from accidents. And with this as premise the common carrier is therefore liable for any injuries sustained by its passengers from accidents that could have been avoided if only the carrier was careful. The carrier is expected by law to act like a cautious person in its operation of the transportation services.

Likewise, depending again on the state law covering the area where the accident happens if ever a personal injury arises as a result of the carrier’s noncompliance to the safety laws only then will the carrier be held totally liable for the personal injuries suffered by its passengers. Another obligation of a common carrier is to give out warning to its passengers of the dangers that exist inside the carrier. Like standing in an aisle where a passenger may likely to be thrown out of the carrier however there are stubborn passengers who just can’t be told, with this type of passengers if ever there really comes an accident involving them then the carrier will not be held responsible or may be subjected to only a half or partial liability.

For those who have suffered personal injury due to common carrier accidents there is a limit to the filing period for damages. The filing period is termed as the “Statute of Limitations”. The statute of limitation provides the time frame as to when a lawsuit for personal injury may be filed. And if ever a case got filed after the statute even if the case is legitimate the injured party then losses all his or her rights to recovery.

For comments and suggestions about the article kindly visit Personal Injury Attorney Services


About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



HOW THE GOVERNMENT PENSION OFFSET MAY AFFECT SOCIAL SECURITY BENEFITS?

Jinky C. Mesias


The government pension offset is in fact a reduction in the benefit which a social security member’s spouse is likely to experience especially if the spouse has a government pension from work that is not covered by the Social Security. The benefit to be received by the spouse with regards to the social security benefits of his or her spouse will be offset by two-thirds of the amount he or she will be receiving as her or his government pension.

And in the course of the Social Security member’s death the spouse will continuously received his or her annuity as well as survivors benefits from the government pension plan that he or she is enrolled in. The law requires that if a legitimate working individual is receiving a pension from a federal, state or local government with regards to his or her work and therefore did not pay Social Security Taxes, the Social Security spouse’s or widow’s or widower’s benefits may be offset. The offset or the reduction will comprise 2/3 of the government pension. But if ever the social security spouse or widow or widower takes on the government pension in lump sum, the amount of benefits that can be derived from the Social Security Benefits will be calculated with the necessary reduction resulting to a monthly benefit like payments just similar to what the Social Security spouse, widow or widower is receiving when working in the government.

The Social Security benefits for spouses, widows and widowers are given to compensate for the spouses who stayed at home to take care of the family and who are completely dependent on their working spouse for financial supports. But due to the difficulties of the present time more and more couples are obligated to work in order to suffice the everyday needs of the family.

The benefit provided by the Social Security for spouses is intended to offset the dollars earned during the time the Social Security member is working by means of the retirement benefit. And with the housewives working and earning their own Social Security Benefits the payment or the benefits they are suppose to receive as part of their husbands Social Security benefits are then offset by their own Social Security benefits. But with the enactment of the Government Pension Offset provision those housewives whose work are covered by the government pension are also to receive the full amount of Social Security Benefit out from the Social Security benefit of their husbands.

For comments and suggestions about the article kindly visit Social Security Lawyer

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



WHAT ARE THE REQUIREMENTS IN ESTABLISHING A CORPORATION?

Jinky C. Mesias


A corporation is the biggest type of business entity. So how does one creates one of these giants? But first it is important to define the term CORPORATION- a corporation is an artificial legal entity which is chartered by a state and formed to conduct business. A corporation is completely a distinct and separate entity from its owners, it has its own life and can be held liable for any debts that it may incur. A corporation is also required by law to pay its own taxes.

Every state has their own General Corporation Law or Business Corporation Law that permits practically anyone to acquire a charter in order to conduct a business. The mechanics involve in the creation of a corporation is termed as Articles of Incorporation and there is also a fee to be paid. The start of creating a corporation is with the filing of the Article of Incorporation and then the payment of the required fee to the state office or the office of the Corporation Commissioner. This process is common to the standard type of corporation however the same process occurs in both the limited liability company and the limited liability partnership since many of their offered benefits are the same as those of the traditional corporation.

The Articles of Incorporation are vital components of a corporation and therefore requires for the assistance or the presence of a counsel. The specific content of a certificate of incorporation differs from state to state. Nevertheless, the basic features are the same in all states and these are as follows: the corporation’s name, the number of shares authorized, the names and addresses of the incorporator/s and also included is the address of a registered office and agent for service of process.

When it comes to the filing there are different approaches that can be employed to hasten the processing. Some people make use of interactive software programs that can help quicken the filing process and then there’s the convenient tear-out form available in most guides to incorporating. There are also the easy to fill-in-the-blank forms that can be found in state offices. Incorporators may also seek the assistance of a corporate service company to help them in creating the corporation for them but of course within their set standards. Incorporators may also hire a corporate attorney to help them set up their corporation.

The creation of a corporation does not complete the entire part of the process of setting up a business. There are still some requirements that have to be satisfied and the hiring of an attorney to help in the creation of the corporation is by far the wisest decision that any incorporator may implement. The great thing about having an attorney to help in the creation of a corporation is that all the by-laws and resolutions as well as all the other legalities involved are correctly done. Not only that, incorporators are assured that all their rights and benefits are protected when the time comes for them to operate their business.

For comments and suggestions about the article kindly visit Corporate Business Attorney Services

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.

HOW TO PROTECT REQUESTED CONFIDENTIAL SOCIAL SECURITY INFORMATION?

Jinky C. Mesias


Social Security information requested by members should be treated with utmost care and must be kept securely. As much as it is the obligation and function of the Social Security to ensure the confidentiality of its members’ accounts including all personal information pertaining to their members however requested and mailed information to members no longer covers the Social Security scope of protection.

The protection of the information becomes now the obligation of the requesting member. In order to ensure the confidentiality of the requested information members may exit the browser after filling up the social security online forms. Exiting the browser after used will ensure that no other person may gain access to all your Social Security information. And to further protect your privacy as a Social Security member it is recommended that you use a built-in security features that web browsers’ provide. The used of certain security settings as well as options will ensure the privacy of any personal information. Nevertheless, the security setting on the browser varies depending on the type of browser version one is using. And for those members who have no idea on the type of browser they are using you may consult the Help files of your browser software.

But for those who wants to really ensure the confidentiality of all their divulge information, there are downloadable Social Security forms which they can download and mail to the social security address found on the form. It usually takes two to four weeks before you get to have your requested Social Security statement.

And for those who may want to call the office of the Social Security it is open Monday to Friday except 2:00 am – 3:00 am. Likewise Saturday from 5:00 am to 11:00 pm and then Sunday from 8:00 am to 10:00 pm. The Social Security office is also open during holidays from 5:00 am to 11:00 pm. Knowing the business hours of the Social Security office in your area would greatly help you as a member in saving time and effort especially when making follow-ups of your claims for benefits.

For comments and suggestions about the article kindly visit Social Security Lawyer

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



THE IMPORTANCE OF LAWS ON PUBLIC TRANSPORTATION

Jinky C. Mesias


Aside from private car accidents there are also a great number of related public transportation accidents. The Federal Government is the one regulating the common carriers that transport passengers and cargo across the entire state. Nevertheless, each separate state has its own regulated public transportation system all within its state’s lines. But in general it’s the Federal Government that controls the interstate transportation while the individual states are to manage the intrastate transportation.

Just what are common carriers? Common carrier is the term given to refer to one who make known to the public that his business involves the transporting of persons or cargo from one point to another within or outside the state in return for compensation and also the services rendered are available to the public. Some of the common carriers available are buses, trains, ferries and airplanes. Nevertheless, there are some exceptions especially when it comes to certain types of airplanes as well as some vessels that are included in the private charter transportation.

The importance of knowing whether a transportation service is a common carrier or not is for the implementation of specific common carrier regulations in various states. The common carrier regulations are usually applied to equipment requirements, licensing, transportation procedures, fare and rates and others that are related to the operation of the common carrier. The set regulations are provided to benefit not only the common carrier industry but more so the general public. Common carriers are required to follow strictly the regulations and standards impose in their respective states.

For accidents relating to common carriers, the Federal Government has created various regulations as to the degree of the liability that common carriers have to its passengers who are injured while making use of the common carrier services. In case of common carrier accidents individual State law applies in determining the extent of personal injuries which a common carrier may be liable. However, a great number of states follow the general rule that common carriers are liable for personal injuries sustained by its passengers. This law is based on the premise that a common carrier must and should employ the highest level of care, diligence as well as vigilance when transporting passengers to their appointed destinations. The common carrier is also expected to maintain necessary equipment coupled with a reasonable degree of skill in order to accomplish the safe transportation of passengers.

And depending on the governing state law, there are some state regulations that do not necessarily obligate a common carrier to be completely responsible for the safety of its passengers but requires that the common carrier should show a high degree of care to its passengers. But still the general rule applies that a common carrier would be held responsible for injuries sustained by its passengers in cases wherein accident would have been avoided if only the carrier had used care and diligence in transporting their passengers.

For comments and suggestions about the article kindly visit Vehicle Accident Attorney Services


About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



AN OVERVIEW ON THE FINANCIAL CAPACITY OF SOCIAL SECURITY

Jinky C. Mesias


There have been so many reports confirming the distressing state of the finances of Social Security and so many members by now are wondering if they can really get the benefits that are due to them when their time to claim for such benefits arises.

In spite of the financial crisis that the Social Security is facing today, the Social Security Administration is confident that it can pay all benefits that are due to their members. They assured further that there would be no cuts on the benefits to be received by the current retirees but rather there would be a yearly increase on the benefits due to cope with inflation.

There are also so many reforms planned to be implemented in Social Security including those set forth by the President’s Commission that would further strengthen Social Security. The reforms are also set to ensure that scheduled benefits, including cost of living increases for would-be retirees. Moreover, the reforms will not reduce the benefits of currently disabled Social Security members as well as disabled beneficiaries.

However, in spite of all the reforms to be made in the Social Security Administration there is still the present problem in terms of finances since there is a foreseen 26% reduction in the benefits to be given for future Social Security retirees and unless the social security administration does something to diminish such problem then there would be an expected continuous reduction every year in the scheduled benefits.

The Social Security although offering retirement benefits should never be considered as a sole source of income in retirement. It is much better to have other retirement plans to further ensure that you leave comfortably when you retire. Besides having Social Security as a sole income retirement option is like sitting on a one legged chair and that does not imply stability. It’s always wise to have other options in case the Social Security Retirement benefit cannot fully suffice the entire needs of the retired member.

But just how the Social Security gets its funds? The fund of the Social Security is procured by means of the payment of the tax payers who are paying for their own benefits. The fund contributed by these tax payers is the one utilized for the payment of present benefits like payment for the retirement income of retiring members. However the excess in the fund is invested in a special-issue treasury bonds. And this is how the Social security earns additional funding for the next recipients of social security benefits.

For comments and suggestions about the article kindly visit Social Security Attorney Services


About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



SOCIAL SECURITY: WHICH IS MUCH BETTER EARLY OR LATE RETIREMENT?

Jinky C. Mesias


The social security retirement benefit is given during the normal retirement age of a qualified member. The normal retirement age is the age at which the retirement benefits equal the amount of the primary insurance. However, the normal retirement age of members varies by year of birth. Any retirement before the normal retirement age may reduce the retirement benefits to be received by members however the opposite applies if ever members choose to retire after the normal retirement age. The amount of retirement after the normal retirement age is also much higher.

The social security follows a table of benefits in order to determine the amount of retirement benefits to be given. Likewise, the retirement benefits may be higher or lower than the amount of the primary insurance of the retiring members. The difference is brought about by the age of the member on the time he or she wants to retire. To maximize the amount of retirement benefits, members may delay their retirement up to the age of 70. However, any member is not hindered from retiring as early as the age of 62. The disadvantage of early retirement is the reduction in the amount of retirement benefits that members will receive.

The reduction in the benefit for early retirement is about 5/9 of one percent for every month before the normal retirement age up to 36 months or 3 years. But if the difference between the normal retirement age and the applied retirement age of the member exceeds 36 months or 3 years an additional deduction of 5/12 of 1% per month is employed.

In the case of retiring members whose normal retirement age of 66 but chooses to retire at the age of 62 then a total of forty-eight months is going to be deducted. The reduction of 48 months is split in the following manner: the first 36 months is 5/9 of 36% or 20% while the remaining 12 months is computed as 5/12 of 12% or 5% which sums it up to a total reduction of 25% in the retirement benefit.

In addition to the increase in the retirement benefit for delayed retirees there is also the so-called delayed retirement credit which is given for those members that would retire after the normal retirement age. However, in order for members to avail of such benefit it is important that they must be insured at the time they reach the normal retirement age or else no credit will given to them even after they reach the age of 69.

For comments and suggestions about the article kindly visit Social Security Attorney

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



FACTS ON WORKER’S COMPENSATION COVERAGE

Jinky C. Mesias


Most people work not because they like the job but because of the compensation that goes with the job. The amount of compensation is also covered by state laws. Individual states have its own worker’s compensation laws that handle various claims from employees who are either harass or injured in their jobs. The law calls for a strict liability in terms of the fault as well as the negligence committed by the employers to be established before a claim for benefits can be brought out in court. Likewise, the law also stipulates that the injury or illness has to be acquired during the time of employment, such is required in order for the worker’s compensation system to give benefits to the injured worker. And since there is a stipulation on the worker’s compensation law that provides strict liability on employers fault and negligence then there would be a legal remedy for the sustained injuries or illness of any employee in time of his or her employment.

In addition, the state law also requires that each employee be provided with a worker’s compensation insurance however there are also exemptions and these include small companies especially those with three/four/five employees, domestic workers, farm helpers as well as independent contractors. The worker’s compensation coverage is absolutely shouldered by the employer. The compensation coverage is an additional benefit provided by employers in accordance to the state law and therefore is not deductible from the compensation of their employees. The worker’s compensation coverage provides benefits for job related accidents as well as other injuries pertaining to industrial exposures. The requirement for benefit remains to be the same and that is for injuries to be acquired during the time of employment or as a result of the job being performed by an employee.

Another stipulation included in the worker’s compensation system pertains to benefits that would be provided especially for workers or employees that is suffering from a direct and long term effects of occupational industrial exposures. Some of the industrial exposures that can brought about injuries are exposures to toxic substances that often times render long term effect on the health of workers. Even some of the common substances used in office like latex as well as other chemicals as long as it has a bad effect on the health of the employees these may also be used as basis for applying for benefits under the worker’s compensation coverage. Stress disorders caused by an unhealthy working environment are also an acceptable reason to apply for benefits under the worker’s compensation.

There are three benefits that workers and employees may file for under the worker’s compensation coverage and these are as follows: a) Medical Expense, b) Disability Pay and c) Vocational Rehabilitation.

The Medical Expense covers the hospitalization cost including the doctor’s fee as well as other needed medical treatments. The Disability Pay on the other hand, refers to the income benefits provided for employees and workers who are experiencing temporary disability. However, there are also some cases wherein temporary disability becomes permanent disability still the employee or worker will be provided with an income benefit. The Vocational Rehabilitation is a benefit provided for employees that are unable to perform their usual duties in their occupation and therefore would require them to do some re-training for new trade or business. The physical therapy requirement of an employee or worker is also included in the Vocational Rehabilitation.

For comments and suggestions about the article kindly visit Employment Attorney Services

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.



Wednesday, August 17, 2005

Thinking About Divorce Or Ending Your Relationship? What Do You Do First? Do You Know Your Options?

Susan Murphy-Milano


What is a mediator? It is a neutral person. They do not take sides and they are not there to be your marriage therapist. Their goal is to assist you by removing the drama and tension often associated with a long drawn out court battle. In fact, they are not even allowed to give you legal advice. The mediator begins, by meeting each party separately. You fill out questions and provide financial information. In addition, you list concerns over custody and parenting issues.

After the initial meeting, you will then meet with the mediator together and work out issues so that you can come up with an agreement that serves you both. That agreement is then submitted to the courts for final review usually by a judge. (States vary on this, so please check your local statues.)

The goal of mediation is to not place any blame in the marriage, but rather promote and plan for a healthy future for you, your spouse, and your children. You create the divorce agreement between the two of you with the assistance of the mediator not the courts.

Before you say, “I am not interested in doing that, I want to hire a lawyer,” you should seek consultation with a lawyer to understand your options. A lawyer can review the documents drawn up by a mediator and make changes and suggestions before it is submitted to the courts.

Have you ever sat in on a divorce trial? The answer most likely is no. Before you make that all important-life changing decision, why don’t you go your local courthouse to family court or domestic relations (whatever it may be called in your area) and sit through a morning or afternoon of court calls and/or hearings of others going through a divorce. It is not a pretty site, especially if there is a lot of tension between the divorcing parties, the lawyers, and the judge. As you view the court process, try and picture yourself sitting there with your lawyer and your spouse sitting with their lawyer. Observe the fact that these two intelligent people have hired complete strangers to argue what can become “unimportant stuff” and a court reporter is taking down every word said for the court that will then become public record. Do you really want to participate in ending your marriage that way? Some of those people in court have been there a years or more and still are not divorced. Why? Because they could not resolve their own issues during their marriage. They are stubborn, angry, or want revenge. In the end, it is the judge-another-stranger-who will decide the final outcome of who gets what and when you and your former spouse may see the children. You ultimately DO Not get to decide.

Many lawyers now offer Divorce Mediation as part of their services. They, however, are not allowed to give legal advice. They are bound by the same rules as a mediator, and must remain neutral in the process.

No matter what, it is best to consult with a lawyer before an agreement is finalized to have that person review and make any changes before an agreement is finalized.

Understanding the Benefits of Mediation in Divorce:

A mediator does not represent either party. Rather, a mediator creates a cooperative environment when both you and your spouse can work together to reach an agreement on the terms of your divorce. Both you and your spouse have the right to also consult individually with an attorney during this process. Once the agreement is reached, the mediator will write up the agreement into a document where both you and your spouse will then be able to file the document
with additional court papers to obtain a divorce.

This process only works if both you and your spouse are willing to make a full financial disclosure, and if you both are willing to make a good faith effort to reach an agreement.

The benefits of mediation are:

 Lower cost because this process is less time consuming. The amount of time involved to reach an agreement varies based on the level of conflict, the number of issues and the complexity of both your finances. A typical mediation where both you and your spouse agree typically takes approximately 10 hours.

 Less painful for you children because you avoid the long court process and litigation involved with ending your marriage.

 Mediated settlements can be prepared by a lawyer or a certified divorce mediator.

 The benefit to a mediator is when you and your spouse have reached an agreement on all issues, and you simply are looking for the most inexpensive and yet professional completing the necessary paperwork to finalize your divorce.

Hiring a Qualified Mediator:

• Call your local County Clerks Office and ask for a list of mediators in your area.

• Check the yellow pages under “Divorce Mediation”

• Make sure whomever you choose has been mediating for at least 3 years.

• Ask for a list of references.

• Ask for a fee agreement in writing once you have selected someone.

• Consult with a lawyer before an agreement is finalized to have them review and make any changes to the document.

Ending a Relationship is not an easy road to travel. It is survivable if you are wiling to do the work necessary to move on with your life. You will make it.

About the Author

Susan Murphy-Milano, respected Author and Nationally recognized relationship expert has just released her new book "Moving Out Moving On" when a relationship goes wrong. Her book focuses on protecting yourself legally, emotionally and physically. She is also the author of "Defending Our Lives" published by Double Day Books.



When You Need a Personal Injury Attorney

Peter Peckham


We’ve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person’s actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.

Types of Personal Injury.

Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.

The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.

What to do next.

If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim.

The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.

Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death.

About the Author

Peter Peckham is a freelance author from Wilson, North Carolina. For examples of other articles, see www.a1-personal-injury-attorney.net



Tuesday, August 16, 2005

Asbestos Litigation – Some Basic Facts About The Process

Loni Taylor


When Should I Consult an Asbestos Attorney?

If asbestos diseases have adversely affected you or a family member then you should consult an asbestos attorney regarding litigation. Asbestos is a natural forming mineral that, in the second half of the twentieth century, was widely used as a building material. It was cheap and effective with plentiful resources. Despite the discovery that the inhalation of asbestos fibers leads to serious illnesses, companies covered up this information in order to continue its use. Asbestos laws have only recently been introduced to help control the use of this deadly substance.

Who is Affected by Asbestos Diseases?

It was estimated that approximately 10 million workers had been exposed to asbestos by the year 1978 and that by 1970 25 million tons of asbestos had been used in building work across the USA. Exposure to asbestos usually occurs when materials that contain asbestos are cut, sawn or broken; this results in the fibres being released into the atmosphere. Anyone involved in these processes was immediately at risk.

Asbestos fibres are so small they can only be seen under a microscope. They are colorless, odorless and tasteless. It is more than possible that anyone who has come into contact with the deadly asbestos fibers wouldn’t even know.

Early Danger Signs.

In the 1920s the asbestos industry was aware of the damaging effects of asbestos, and yet they did nothing to protect workers or their families. By this time, insurance companies had even started to place higher premiums on workers in the asbestos industry but companies decided to put profit above the health of their workers.

As time moved on, more and more people within the asbestos industry learned of the dangers involved but it was some time before anything was done about it. It is only fairly recently that proper health and safety measures have been implemented to stop exposure to asbestos. Any asbestos attorney or asbestos law firm can tell you whether you were unduly put at risk and whether you have the right to proceed with an asbestos lawsuit.

Diseases Associated with Asbestos.

Many fatal and non-fatal diseases are associated with the exposure to asbestos. Many prove fatal to the sufferer. Mesothelioma is a form of cancer that is primarily caused by exposure to asbestos fibers. Lung cancer can also be contracted, as well as asbestosis. When the lungs inhale asbestos, some of the fibers become caught. In turn these fibers cause scar tissue and decrease the lungs’ capability to breathe sufficient oxygen.

If you suffer from any of these illnesses, and you haven’t already done so, contact an asbestos attorney immediately; you may be entitled to pursue asbestos litigation

About the Author

Loni Taylor is a freelance author from Dayton, Ohio. For examples of other articles, see www. a1-asbestos-attorney.net



How To Avoid Copyright Infringement When Registering Domain Name

Stanley Spencer

One of the most important aspects of choosing a domain name is that it should be non-infringing. This is not an easy task since most unique names have already been registered. The number of useful domain names from the marketing point of view have become extremely limited. Several companies now register variations of their trademark names as a preventive measure against infringement. For example, check www.coke.com, www.coca-cola.com, and www.coca-cola.com, or try www.3m.com and www.mmm.com.

All these factors have led to a crisis of domain names and given rise to increasing cases of infringement of domain names. A number of companies have taken legal action against other companies or individuals over alleged copyright violation on the domain names.

There are some fundamental guidelines and cross-checks for selection of a domain name.

You must carefully select some names that are relevant to your business model. You must be able to justify your reason for using the name. Your domain registration should principally consist of a name you are using as a trade name, trademark or corporate name.

It is better to select more than one name since you are not sure about the availability of the required domain name.

Now, search the website of one of the prominent domain name registrars to check if the required name is available. If the name has already been registered by someone else, the search result will provide you with optional names that are similar to your requirements. For example, for the name "ford", the search result may give you similar names like "aboutford.com" and "fordbusiness.com".

If the domain name that you are looking has already been registered but there is no content being displayed at the domain, try to find out the details of the owner of the domain. It is possible that he/she may be genuine and have yet not published any content.

It is also possible that the owner does not plan to create a web site and is willing to give you the domain at the original price. You must confirm that the seller has ownership rights for that particular domain name.

Choosing a domain name that is same as or quite similar to another well-known trademark, may lead to legal action. The regulations governing these issues are dealt by Internet Corporation for Assigned Names and Numbers (ICANN).

It is very likely that you would lose right of your domain name if you have intentionally chosen a name similar to another domain name so as to confuse potential visitors to the site. For example, if your site deals in consumer electronics goods made by a Samsung competitor, do not choose the name "samsungbusiness.com" since a court is most likely to pass a verdict that you selected this name to divert attention of Samsung customers.

There could be others reasons of losing a domain name. It may be found that you have never carried out any business under that name or there is no person in your company similar to that name. Another reason could be that you intend to sell that domain name to your competitor for financial gain.

If your domain name is same as your name then you may be allowed to continue to use it, inspite of the fact that it is similar to someone else’s domain name. But the usage of such a name is governed by certain conditions set by court. For example, Mr. Suki Nokia, who runs a cosmetics business, may be allowed to use the domain name "nokia.kr" but he would be barred from using his site to demonstrate any electronics-related information or advertising.

It is also possible for you to use a domain name that is similar to another's trademark if your objective is not to criticize the other person’s business.

In the non-cyberworid, two companies may have the same name if they do not conduct a similar business or do not have similar product lines. Roxy Electrical and Roxy Laundry can coexist comfortably. However, in the web world, both Roxies cannot own the "roxy.com" domain name. The laundry Roxy could register under "roxy.laundry" and the electrician under "roxy.electrical."

A very useful tip is to buy all three of the top level domains - .com, .co.uk and .net. You should also buy all possible misspellings of your domain name before anybody else takes advantage of this fact.

You have put a lot of money and energy into building your business and if you are forced to give up the domain name, your business is likely to suffer due to it. So, you need to put your best efforts in choosing a domain name that is both distinctive and non-infringing.

About The Author

Stanley Spencer

Copyright © Active-Domain.com (http://www.active-domain.com). All rights reserved. This article may be reprinted freely provided the resource box, Web addresses and copyright information remain intact.


Monday, August 15, 2005

PPH And Why You Might Need A Lawyer

Steve Gargin


Your greatest probability of having a triumphant case for a PPH lawsuit is if you have taken Fen-Phen (Fenfluramine and Phentermine) to drop weight. Fen-Phen regulates serotonin in the body to affect ones need to eat. Elevated levels of serotonin can disapprovingly affect ones heart in such a way as to injure it. Assuming you have PPH caused by the utilization of Fen-Phen, your symptoms would comprise, but would not be restricted to, briefness of breath and upper body pains. Fen-Phen can even cause heart valves to give away, resulting in the requirement to trade those injured heart valves.

In addition to the use of Fen-Phen, Redux can also have caused damage that would materialize to be the same as folks who may have used Fen-Phen. A legal PPH lawsuit could be filed with your attorney or lawyer when ones cause for mounting PPH is from a consequence of taking Fen-Phen or possibly Redux.

If you have used Fen-Phen or Redux, and you think you may have PPH, it would be smart to ring your lawyer to talk about the legal options you have, since you would be rather qualified to file a PPH lawsuit. It would be a civil lawsuit, which means a victim would be able to get back damages suffered from having taken these beforehand said pharmaceuticals. This can consist of therapeutic expenditures, lost pay, your possible income lost, pain and anguish, and ones relatives could even be provided a financial amount in a case which PPH ended up being deadly to the patient.

About the Author

Steve Gargin operates http://www.pph-help.com which is a website dedicated to describing aspects of PPH, better known as Primary Pulmonary Hypertension. Steve Gargin is not a lawyer or a doctor, so please seek professional help concerning PPH.


The job of a divorce attorney

Michael Sanford

Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Divorce, or dissolution, as it is increasingly becoming known, is a process that legally terminates a marriage no longer considered viable by one or both of the spouses, and that permits both to remarry. All options for reconciliation are taken before a decision is made to go to a divorce attorney. But when everything fails, the divorce attorney takes over and the legal process of divorce takes place.

How is divorce different than annulment? As any divorce attorney will explain, annulment voids the supposed marriage. This means there is not marriage to begin with. A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate, as defined by a divorce attorney. These include marriages of the underage or the insane, or a marriage procured by fraud. Sexual impotency existing at the time of marriage also gives grounds for annulment according to any divorce attorney.

Divorce, however, recognizes the existence of the marriage and dissolves it on the given grounds, which are contested by the divorce attorney. Grounds for divorce are adultery, unreasonable behavior, or a lengthy time apart. Once the case is file, it is the divorce attorney's job to confirm the complaint and proceed to the divorce court hearing.

What takes up most of the time of a divorce attorney is the distribution of conjugal property. In "community property" states, the courts recognize both spouses as owning a 50 percent interest in any assets acquired during the marriage (except for items obtained as gifts or inheritance.), which will need to be divided between the two persons and enforced by the divorce attorney. Likewise, debts are the responsibility of both parties. In a divorce action one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. Often a court will order the transfer of property, such as the matrimonial home, from one party to the other on divorce; this is particularly common where there are children from the marriage who are of school age. The custody of any children may be awarded to either spouse, with an arrangement made for visiting rights and support of the children by the divorce attorney. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents rather than in a court and the divorce attorney.

During all of this process, the divorce attorney becomes the legal representative of the husband or wife in court. All meetings or agreements should be made with their divorce attorney present at all times. This lessens the possibility of violence, especially when the grounds of the divorce are adultery. The divorce attorney keeps the parties civilized and help quicken the process even more. The divorce attorney should not be seen as the villain during such procedures because it is their job to work as mediators.

A divorce attorney's work is not done until the assets and liabilities of both parties have been resolved. This includes overseeing the enforcement of the court's ruling on the division of assets, visiting rights and custody for the children. With the time spent on each case, a divorce attorney must maintain composure despite his or her views on marriage. There is a possibility that a divorce attorney can lose his or her faith in the institution of marriage after a while.


About the Author

For more legal information please visit http://www.lawyer-and-attorney.com



Saturday, August 13, 2005

How To Incorporate Yourself Without a Lawyer

J. Stephen Pope


How To Incorporate Yourself Without a Lawyer
by J. Stephen Pope

You could save hundreds of dollars by incorporating
yourself without a lawyer. How? Is it advisable
to do so?

1. This is Not Legal Advice!

The only ones who should be giving legal advice are
those licensed to practise law (in other words,
only lawyers). This article is not legal advice.
If you need legal advice, consult a lawyer.

This article is being written simply to inform you
that it is possible to form a corporation or limited
liability company without a lawyer.

2. Why Use a Lawyer?

First of all, if you make a mistake incorporating
yourself, who do you sue? You only have yourself
to blame. On the other hand, a lawyer has insurance
to cover errors and omissions.

Secondly, you could benefit from the expertise of
your lawyer. Perhaps a corporation isn`t the
right vehicle for you under your circumstances.
Be aware that there can be disadvantages as well
as advantages to incorporating. Your lawyer can
consider commercial law, securities legislation,
limited liability, tax factors, estate planning,
share structure, and a myriad of other business
considerations. Sometimes the advice of a
good lawyer can save you thousands of dollars.

3. Is it Advisable to Incorporate Yourself?

Is it advisable to perform surgery on yourself?
It is illegal to perform surgery on someone
else unless you are licensed to practise medicine,
but perhaps in a wilderness survival scenario,
self-surgery might be your only option. However,
is performing surgery on yourself really a good
idea in most instances?

Likewise, just because it is possible to incorporate
yourself without a lawyer doesn`t mean it is always
a good idea.

In some jurisdictions, only lawyers can
incorporate others. For a paralegal or other
person to incorporate a company for you could be
considered unauthorized practise of law. Thus,
it may be legal to incorporate yourself but not
others.

Some factors you might consider are: Am I really
that short of cash that I can`t spend the extra
money for good legal advice that may save me
thousands of dollars? Am I confident that my
situation is one that really doesn`t need the
services of a lawyer to incorporate? Can the
money saved on legal fees be better utilized in
financing other aspects of my business?

Each person will have to make their own decision
on whether or not to seek the services of a lawyer
in forming a corporation.

"He who has himself as a lawyer has a fool for
a client." I have often thought that perhaps a
law firm originated this common expression.

4. How To Incorporate Yourself

Many books have been written by lawyers on how
to incorporate yourself.

For example, in Canada, M. Stephen Georgas, LL.B.,
has written books on the subject of forming
your own corporation. Published by International
Self-Counsel Press Ltd., he has authored
"Incorporation and Business Guide for Ontario"
("How to form your own corporation
Includes tax advantages to incorporating") and
"Federal Incorporation And Business Guide"
("How to form your own Federal corporation under
The Canada Business Corporations Act").

The same publisher sells forms and minute books as
well as titles for incorporating in other provinces
of Canada.

Forms, corporate supplies, name searches, and
kits are available from legal stationers and other
sources.

In the United States, there are likewise many manuals
available for incorporating yourself in various
states. "Incorporating Your Business For Dummies"
by The Company Corporation and "How To Form Your
Own Corporation Without a Lawyer for Under $75.00"
by Ted Nicholas are two such books.

Sometimes helpful information on this subject is
available from federal, provincial and state
governments for free or nominal cost.

You can sometimes locate incorporation manuals at
your local library for free. Be careful. Legal
manuals become outdated very rapidly. You might
consider very seriously purchasing the most
up-to-date manual available; it might also include
helpful reference material on maintaining corporate
minutes and other helpful suggestions on operating
your corporation.

Buy the appropriate manual and supplies and then
follow the instructions. With a little effort, you
could save hundreds of dollars incorporating yourself
without a lawyer.

For further resources on incorporation, please visit:
http://www.yenommarketinginc.com/incorporation.html

RESOURCE BOX:

J. Stephen Pope, President of Pope Consulting Inc.,
http://www.popeconsultinginc.com/ has been helping
clients to earn maximum business profits for over
twenty-five years.

For valuable Work at Home Small Business Ideas,
visit http://www.yenommarketinginc.com/


About the Author

RESOURCE BOX:

J. Stephen Pope, President of Pope Consulting Inc.,
http://www.popeconsultinginc.com/ has been helping
clients to earn maximum business profits for over
twenty-five years.

For valuable Work at Home Small Business Ideas,
visit http://www.yenommarketinginc.com/



Limit Your Liability to Protect Your Assets

J. Stephen Pope


Limit Your Liability to Protect Your Assets
by J. Stephen Pope


If your business runs into serious difficulty, will
it bring you down too? For example, what if one of
your employees got involved in a serious car accident
while working for you? Will the resulting lawsuit
bankrupt you personally?

Here are just a few ways of protecting yourself
against catastrophic losses and lawsuits.

1. Obtain Adequate Insurance Coverage

If someone slips on the sidewalk of your home and
injures himself, he could sue you for damages. Your
tenant`s or homeowner`s policy may cover you for
liability in such an event.

However, what if it is your customer who falls on his
way to visiting your home-based business? You will
need an extra rider on your house insurance to cover
such incidental business use. The extra charge for
this additional coverage is well worth it.

If you use a car for business use, insure it for such.
Some people think that they are being clever writing
off automobile expenses for income tax purposes but
at the same time not informing the insurance company
that the car is being used for business.

This is false economy. If you ever get into an
accident, police and insurance investigators will
certainly find out that you used the vehicle for
business purposes. If you`re not paying for
business coverage, why would the insurance company
cover your claim?

As well, what do you think an income tax auditor would
think of your claimed business expenses on the vehicle
when your insurance policy indicates personal coverage
only? Avoid this additional exposure to tax liability.

Be sure to obtain required workers` compensation
coverage. Some have been held responsible for all the
medical and other expenses of an injured worker, as well
as fines for non-compliance to the law. These costs
can be quite substantial and even bankrupt you.

Consider obtaining product liability insurance. This
applies not just for any products you manufacture but
also for products you sell that are made by others.

2. Incorporate Your Business

Insurance may give you some protection against loss.
However, you may suffer business losses and lawsuits
that may not be covered by your insurance fully. What
then?

An extra level of protection can be obtained by forming
your own corporation. Even though incorporating
yourself will result in extra paperwork and costs, it
could be the best insurance you ever bought.

This is because the corporation is a seperate legal
entity or person. Even though you may own the
corporation, if the corporation operates the business,
it is the corporation that will be sued or suffer loss.

If, for example, the corporation had severe business
losses resulting in debts that could not be repaid,
the corporation would be insolvent. You, as a
shareholder, would lose your investment in the company
but would generally not be responsible for any of its
debts. Thus, you would not have to sell your home or
other personal assets to cover the corporation`s
liabilities.

On the other hand, there are cases where directors of
a corporation can be held responsible for liabilities
if they didn`t act responsibly. You can`t hide behind
a corporation, commit criminal acts and expect to
escape accountability.

For more information about incorporation, visit:
http://www.yenommarketinginc.com/incorporation.html

3. Protect Yourself With Legal Agreements

Properly drafted written agreements can protect you in
many ways. First of all, they can sometimes prevent
misunderstandings that can lead to legal problems.
Secondly, they may limit your exposure to lawsuits and
losses.

Contracts can limit your exposure to liability by
including provisions restricting the scope of your work
and responsibility, having disputes handled by arbitration
rather than through the Courts, and specifying that the
maximum damages payable shall not exceed the amount of
the contract.

A special area to watch out for is the Internet. There
are many laws that impact on websites including
matters affecting children, privacy, earnings claims,
and unsolicited e-mail ("spam"). Certain agreements
and notices on your website may help to protect you.

For more information about Internet law, visit:
http://www.yenommarketinginc.com/internet-law.html

Protect yourself from catastrophic losses and lawsuits.
Take steps today to protect your assets by limiting
your exposure to liability.


RESOURCE BOX:

J. Stephen Pope, President of Pope Consulting Inc.,
http://www.popeconsultinginc.com/ has been helping
clients to earn maximum business profits for over
twenty-five years.

For valuable Work at Home Small Business Ideas,
visit: http://www.yenommarketinginc.com/

About the Author

RESOURCE BOX:

J. Stephen Pope, President of Pope Consulting Inc.,
http://www.popeconsultinginc.com/ has been helping
clients to earn maximum business profits for over
twenty-five years.

For valuable Work at Home Small Business Ideas,
visit: http://www.yenommarketinginc.com/