Why Hire a Family Lawyer Houston with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Family Lawyer Houston appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Family Lawyer Houston law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
Defining Negligence: Four Components
When an amputation occurs as a result of an accident - either during the accident itself or through surgery as a result of injuries from the accident - the injured party may be able to sue the people or organization responsible. Amputation involves the removal of all or part of a limb - an arm, hand, finger, leg, foot, or toe.
There are currently nearly two million Americans who have had a limb amputated. Of course, some of these amputations occurred due to illness or military combat. Only when the amputation is the result of an accident or medical malpractice is a lawsuit possible. In some cases, however, a responsible party cannot be pinpointed, such as if an amputation happened due to a natural disaster like a tornado, earthquake, or hurricane.
Some people involved in the bombings during the Boston Marathon lost their legs as a result. Unfortunately, the surviving bomber hardly has the funds to take care of the medical expenses of the injured. Attorneys are still scrambling to determine other possible responsible parties for lawsuits, but it isn't that easy. Luckily, for those people who were injured, donations have been collected to at least help with their medical costs.
Most amputation-related lawsuits are due to injuries incurred in car accidents and construction accidents. If an accident involves the severing of a limb, surgery is still required to cauterize the wounds, remove any remaining dead tissue, and to attempt to save as much tissue as possible. Sometimes, if a limb is recovered, it can be reattached. Beyond the costs of surgery and the post-surgical hospital stay (which is two weeks on average), there are the costs of prosthetics/artificial limbs. Those limbs must be installed after the initial wounds have healed. In some instances, amputations require a number of surgeries.
Responsibility is not always cut and dry. For this reason, these cases may end up in court rather than settled out of court with the defendant's insurance company. For example, when a young man's finger was severed at a party, he sued the parents of the teens who held the party, claiming that the parents did not properly supervise the event.
In a product liability case in which responsibility is clearer, a woman lost both of her legs when a car accident occurred allegedly as a result of a faulty ignition switch. The lawsuit was filed against General Motors, which recalled cars containing the defective switch only after the woman's accident occurred.
A medical malpractice case example involved a man suing his podiatrist after his toe had to be amputated following the podiatrist's care for cellulitis. When the man went to the emergency room, he was diagnosed with gangrene and had to lose his toe. He sought $100,000 in medical bills from the malpractice insurance of the podiatrist.
Which Court Will I Go to?
Every year, millions of people in the United States and around the world flock to amusement parks to see exciting entertainment and to ride their favorite rides. Theme parks have long-been considered one of America's most wholesome places for family fun. However, not all trips to amusement parks are the fun-filled, safe family outings we'd like them to be. Unfortunately, what has always been considered a wonderful form of entertainment for all ages carries with it the very real possibility of serious injury or even death.
In the United States, no official source is keeping a complete national record of theme park accidents, and in many states such as Florida, theme parks are not legally required to report accidents involving injuries.
According to the International Association of Amusement Park Attractions (IAAPA), going on amusement park rides is one of the safest forms of recreation in America. The organization states that you are more likely to be injured when you play sports, ride a horse, or even ride a bicycle. Their statistics show the occurrence of death on a ride to be approximately 1 in 250 million riders.
Regardless of the statistics, accidents do happen, and if one happens at an amusement park, there are steps you can take to protect yourself and possibly receive compensation for your injury.
Need advice: Family Lawyer Houston ?
White Collar Crimes: An Overview
Negotiations with creditors have failed. Repossession is imminent and foreclosure proceedings have begun. Your income is simply not sufficient to pay your bills, no matter how low the payments are. It may be time to consider bankruptcy.
Bankruptcy law evolved as a reaction to the abuses surrounding debtors prison. Before the nineteenth century a prison system existed for those who didn't pay their bills. If a merchant filed a claim, the debtor was incarcerated until his debts were paid. (Women were not found in debtor's prison, not because of chivalry but because they did riot have the ability to borrow). The lender was legally responsible for the expenses of the prison stay, including food, but seldom paid. After all, a debtor would have to sue in order to enforce this law, and it was rather difficult to sue when in prison. As a result, many borrowers languished in prison for years, surviving on what their family could bring to them or, in many cases, simply starving to death. Although some lenders would doubtless not object to the renewal of debtor's prison, fortunately we live in more enlightened times. Bankruptcy was created to provide a second chance (or third, or fourth) to those hopelessly in debt It provides a mechanism to wipe the slate clean and begin anew. As times have changed, though, so has the bankruptcy code. Not all debts can be wiped out. The proceedings can be easily disqualified in the event of improper procedures. There are many things a debtor should know before resorting to bankruptcy.
The Bankruptcy Decision
There are two kinds of individual bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy, named for the chapter number in the bankruptcy code, requires a full liquidation of all debts and cancels all no-exempt debts. Chapter 13 bankruptcy is essentially a court-mandated payment plan that sets up affordable monthly payments to your creditors,
The decision to declare bankruptcy is not an easy one. Unfortunately, many bankruptcy attorneys recommend bankruptcy to just about anyone they consult with. All too often frightened consumers are advised to declare bankruptcy just to avoid a few debts. This is a mistake. Bankruptcy should truly be a last resort as the legal system meant it to be. A bankruptcy appears on your credit for ten years, and although lending criteria are slowly changing, many lenders will not even consider an applicant who has had a bankruptcy. What's more, a Chapter 7 bankruptcy can cost you most of your property. Before making a decision to declare bankruptcy, estimate how bad your situation really is. On a piece of paper, make a list of all your assets and the approximate value they could be sold for. On the other side, add up all of your debts. If the debts exceed the assets by a large percentage, you may wish to consider bankruptcy. On the other hand, if it seems that your situation may improve (you may get a new job or a second income), or if your assets are of greater value or close in value to your debts, a different approach may be appropriate.
Negotiate with your creditors
Explain your situation and ask for more time to pay. If the creditors refuse and continue to threaten garnishment tell them such action would force you into bankruptcy. No creditor wants to hear the "B" word. Using bankruptcy as a threat is a very powerful negotiating tool, confronting creditors with a choice between getting a little each month or probably getting nothing through bankruptcy. Don't try this tactic on secured creditors. They may decide to repossess your property to avoid having to go through court.
Contact Consumer Credit Counseling
As mentioned earlier in the book, Consumer Credit Counseling is a non-profit group funded by creditors to help consumers negotiate repayment plans. It is often able to negotiate payment arrangements better than the individual because of its constant contact with a variety of creditors. If you can't negotiate a satisfactory arrangement, give these people a try. Remember, the fact that you are using credit counseling may appear on your credit record.
Consider Chapter 13 bankruptcy
This kind of filing allows you to repay your debts in a court-mandated fashion and will appear on your credit record for only seven years, If negotiations fail or there simply isn't enough money to make ends meet Chapter 7 bankruptcy may be your only option. Bankruptcy does not necessarily discharge all debts. If your debts are exempt from bankruptcy, filing will do very little to improve your situation. If a co-signer was used, the debt would then be owed by the co-signer, unless that person also declared bankruptcy. In community property states a spouse's assets and debts would also be included in the bankruptcy, assuming they are community property. Consider all very carefully before deciding to file.
Non-Dischargable Debts - Bills You Have To Pay In Spite Of Bankruptcy
Certain kinds of debt cannot be automatically eliminated by bankruptcy filing. They must meet certain requirements before being eliminated by bankruptcy. If most of your debts are non-dischargeable, bankruptcy may not solve your financial dilemma. The only ways a non-dischargeable debt can be eliminated through bankruptcy are through an exception being granted by the court, a certain period of time transpiring since the debt was due, or because the creditor does not object to the discharging of the debt. Certain debts can only be discharged by an exception. They are:
The Filing Process
All the appropriate papers can be obtained from your local bankruptcy court. Consult the yellow pages under Government Services (usually in the beginning of the book) for an address and phone number. The court allows you fourteen days from the date of an emergency filing to complete the formal process. If Chapter 7 bankruptcy is being filed, you will need to send in the following forms after you have received them from the court:
· Statement of Financial Affairs.
· Schedule of Current Income and Current Expenditures.
· A schedule describing your debts.
· A schedule describing your property.
· A schedule listing exempt property.
· A summary of the above schedules.
· Statement of Intention in regard to your secured property and what you intend to do with it
· Statement of Executory Contracts describing contract that will need to be fulfilled, such as auto leases.
· Bankruptcy Petition cover sheet.
· Mailing addresses of all creditors.
· Any required local forms.
A fee will also be assessed, usually $90, due at the time of filing. The court will usually accept installments of a four-month period. An application for installments must accompany the petition.
After your petition is filed, a meeting of the creditors will be arranged. The court appoints a trustee to preside over the meeting and to be responsible for the liquidation of assets. With most smaller bankruptcies, only the person filing and the trustee will attend. The trustee, who is usually a local attorney, will ask several questions about the information on the bankruptcy documents. Call and ask the court clerk what papers you will need to bring (usually financial statements or sometimes even tax returns). If a lot of property is involved, especially if it is nonexempt, property, your creditors may show up to protest any exemptions. They may also attempt to grill you about your intent to pay the bill or about lying on your application. Answer truthfully and there shouldn't be a problem.
If the creditors' attorneys become abusive, demand a hearing before the bankruptcy judge before the proceeding goes any further. If the creditors object to any of your exemptions, they have 30 days after the creditor's meeting to file an objection with the court. The court will schedule a hearing and you will be given the opportunity to respond, although you don't have to. A creditor may also try to claim a debt as non-dischargeable because of fraudulent acts, a @ or malicious act, or embezzlement or theft. He can only accomplish this if he successfully raises the objection within sixty days of the creditors' meeting. To defend yourself, you or your attorney will have to file a written response and be prepared to argue your case in court.
Once all the requirements have been met and your intentions have been made clear, the court can declare the bankruptcy discharged. No formal hearing will be held unless you have chosen to reaffirm your debt in which case the judge will want to be sure that you understand what you are doing. After this time, provided the creditors do not raise any objections, the dischargeable debts are erased.
Picking Up The Pieces
Bankruptcy was once the lowest disgrace that could befall someone. Today, however, it is commonplace. Corporations declare bankruptcy to get out of contracts or avoid legal judgments. Individuals rely on it to protect them from a society that extends credit too quickly.
Bankruptcy does not mean that you will automatically be denied all credit for ten years. In fact, many firms look at bankruptcy as a responsible way of discharging debts when there is no other way out. Creditors fear bankruptcy, but they also realize that if they lend to someone who has declared bankruptcy, they need not worry about another bankruptcy for seven more years (you can only file once every seven years). If you happen to have a good explanation for the bankruptcy, such as medical bills, divorce, or some other catastrophic event, a creditor may be willing to overlook it and extend credit. Ask potential creditors about their policy toward bankruptcies. Their responses may be surprising.
Legal ContractsImagine the ideal business world - where every business follows every term of a contract diligently and there is no problem. However, the real world is not such an easy place. Unexpected delays, not carrying out the terms properly or not carrying out these at all are frequent. This could spell trouble for the other party involved in the contract.In such a situation, the most important thing to do is get in touch with a commercial litigation lawyer proficient in Florida laws. Any breach of contract may mean financial losses and unnecessary trouble for your business. You need a legal advisor to assess whether you have adequate grounds to claim damages for this breach. Challenging a breach at court requires it to have a 'material' purpose. Suppose the failure to timely certain tools, from a business with which you have a contract, prevent your business from manufacturing a bulk order. If your lawyer is capable to establish that you suffered losses because of this breach, there are material grounds for filing a suit.When there are adequate grounds for you to recover damages because of the breach, your lawyer is best suited to tell you which method to opt for. If the case involves less than $5,000 worth in damages, you may seek dispute resolution at a Florida small claims court. You may also choose alternative dispute resolution methods -Mediation - having a mediator review the case Arbitration - having a binding arbitrator work out a resolutionIf all these attempts fail, you need to ask your Miami commercial litigation lawyer to file a suit. Choose a qualified and experienced litigation expert for proper presentation of your case at court. If you can establish that the breach had an adverse effect on your business, you may be able to get a legal remedy.Specific Performance: this involves the court ordering the breaching party to perform the duty as the terms of the contract specify. This is, however, available if the subject matter of the contract is rare or unique. Damages: the objective is to compensate for the damages the non-breaching party suffers or to punish the breaching party. The different types are as follows:Compensatory damages - the monetary loss for the breach, or its consequential action Liquidated damages - as specified as a term in the contract Punitive damages - to punish the breaching partyCancellation and Restitution: your commercial litigation lawyer may ask for cancellation of the contract, where all parties get relief from all obligations and later sue for restitution, i.e. the breaching party needs to pay for the work or do it themselves.
Hailstorms - What If Your Roofing and Siding Doesn't Match?
The Anatomy of the RSI Epidemic
Repetitive Strain Injury (RSI) is fast becoming one of the most common forms of disability in the workplace. In some industries it is already the number one cause of a temporary and permanent disability. In this article I will explain why and how we develop the elusive RSI.
The definition of RSI:
Repetitive strain injury is a medical term used to describe a pain or discomfort of the upper limb. Although a 'repetitive strain' can occur in any area of the body, physicians typically apply the term to a pain of the arm unit including the neck, shoulder upper back, arm, forearm and hand, that is related to repetitive tasks. RSI is really an umbrella term used to catch any and all pains of the arm, but the most common forms include tennis and golfer's elbow, carpal tunnel syndrome, ulnar neuritis, metacarpalgia, rotator cuff of the shoulder, chronic neck and upper back pain and limb numbness.
The signs and symptoms of RSI:
The signs and symptoms of RSI vary depending on the exact areas of the arm and neck involved in the pain syndrome; however, the most common RSI complaints include the following:
Numbness and tingling of the arm and / or hand
Pain and / or weakness of the upper arm and / or forearm, and / or wrist, and / or hand
Reduced range of motion and / or stiffness of the shoulder, elbow, wrist or fingers
Difficulty lifting of objects and / or tendency to drop objects (dropsy)
The tendency of pain and / or numbness to increase with repetitive activity and at rest
Background of RSI:
RSI is considered a soft tissue pain syndrome whereby the pain is derived from a disorder of the muscles and tendons of the neck and limb. To fully understand how muscles can cause disease, it is important to understand the current principles of myofascial pain (MFP) and myofascial dysfunction (MFD).
Muscles shorten and can potentially scar in a shortened position as a result of injury or exercise. This process of shortening is often exaggerated at rest. Therefore, muscles that work repeatedly in a particular action eventually shorten and over time, will develop some form of scar formation in areas of the muscle. These scars can be described as microinfarcts, or more popularly, as trigger points. In traumatic cases, muscles will shorten and scar in a much more accelerated period of time and often more severely.
Muscles shorten persistently if nerve conduction to that muscle is interrupted. This is known as Cannon's Law, and is very important in understanding how we can develop repetitive strain injury. Walter Cannon was able to clearly demonstrate that muscles become super-sensitive and ultimately persistently shortened with eventual scarring when their nerve conduction is partially interrupted. For example, if the nerve supply to the forearm extensors is interrupted by a disk compressing the C4 or C5 nerve root, the forearm extensors will persistently shorten and cause chronic tennis elbow.
Shortened muscles around a joint will often change the static position of normal movement of the joint.
Furthermore, persistent compression of the joint may occur and contribute to an abnormal and accelerated wear pattern of cartilage and eventually the joint. Joint pain, stiffness and decreased range of motion are common side effects. Over time, destruction of the joint and osteoarthritis are predictable complications. The spine is also affected by these principles of persistent compression when the deep intrinsic spinal muscles are injured and develop shortening and contractures. The vertebral compression will cause disk herniation and spinal stenosis. The vertebrae, disks, nerve roots and the spinal cord can be affected by herniated disks and swollen facet joints.
Furthermore, the computer-related RSI often affects the upper back area (thoracic spine); an area which has secondary nerve supply to the arm. The thoracic spine can be extraordinary to treat particularly in the presence of kyphosis. The end result of computer-related RSI is a person with a hump back, forward neck, forward shoulders, compressed disks, suffering diffuse muscle shortening and multiple entrapped nerves, and typically affecting both arms.
The Treatment of RSI:
*The treatment of a complicated/chronic RSI begins with a detailed history and examination often indicating far more disease than initially thought.
*Detailed patient education of the mechanism and exercise physiology is important such that they ca be aware of aggravating factors and to succeed with personal exercises.
*Physicians and nurses need be more aware of the various patterns of RSI for their early recognition and proper treatment.
*The key part of actual therapy must include the implementation of spine and limb "neuropathic" stretching and resistance training (the Lamb Program) that allows for all muscle groups affected to be treated, and for spinal and limb segments to be properly repositioned.
*It is important to recognize the limitations of imaging technology, i.e. MRI fails to detect an estimated 40% of disk disease.
*The Implementation of injury avoidance and education of RSI-injury factors for the patient helps to reduce re-injury and progression of disease.
*The use of specialized injection technologies-surgical dry needling, the Patented Lamb Method of Spinal Botox, injectable NSAIDS can drastically reverse the compressive effect within the spinal anatomy and help most RSI's and other pain syndromes.
*Specialized relaxation training systems help to reduce RSI-related muscle tension (i.e. ASeRT Systems).
*Positional education for sitting, standing and sleeping, as well as proper sleep education help to reduce the progressive pattern of bad sleep and bad pain.
*The implementation of laser/magnetic combination therapy and MET has demonstrated effectiveness as an adjunct to various pain syndromes including RSI.
*MET or micro-current therapy is the latest in electronic or electro-medicine that properly addresses the abnormal electrical potential concerns in chronic pain and RSI versus TENS or EMS which are demonstrating oxidizing potential of soft tissue with repeated use.
*Obviously the addition of medications can be a major adjunct to RSI and other chronic pains, and I will quickly comment on two medications.
*Anti-inflammatories have a beneficial effect in RSI, but must be tapered when stopping, otherwise reactive inflammation and spasm can occur. Lyrica, a new "anti-neuropathic" agent has been helpful in chronic pain. I have found improvement in deep spinal muscle pathology in many patients indicating that cessation of transmission of pain information has a relaxing effect upon spinal and skeletal muscles.
White Collar Crimes - Fraud
Workplace accidents can be very devastating depending on the type of work at stake. For instance, in places where poisonous chemical are involved or complex machines are handled, it could be very dangerous when accidents occur. In fact, there are so many other ways that can result in various incidents at the workplace. As human as we are, we seem to be constantly battling with uncertainty. That is why no matter the amount of protection, there can still be accidents. The important decision to take is to try as much as possible to take measures in order to reduce the level of risks you may be liable to.
Another way to prepare for workplace accidents is to make sure there is a solicitor that is ever ready to provide the needed assistance. There are times when in the event of an accident people lack the courage to pursue for claim. The lack of courage is perhaps due to the inadequate knowledge they might have on the subject. This is why you are required to hand workplace accidents to professionals for a positive response
Carnival Ride Accident Report - This Will Throw You For a Loop
I am a do-it-yourselfer. I love working around my house: Painting, building, and even stuccoing. But there are exceptions, like plumbing. I hate plumbing.
One thing I have learned about my handyman hobby is that I should expect to buy twice the building materials that I should need to complete the project. Experience tells me that I will use all of those materials. My habit is to try to build the first time, fail, and then to try it again. Almost invariably, I will end up building or fixing up the same thing at least twice -- once or twice for practice, and then "for real."
Some who would never consider fixing a garage door or stuccoing a wall would unthinkingly prepare a will or trust using many materials found in bookstores. Bookstores abound with quick-fix be-your-own-lawyer books and CDs, featuring forms and fill-the-blank forms and programs for wills, trusts, and powers of attorney for healthcare decisions. Some of these materials are even state specific, offering different provisions for residents of different states.
Some of these do-it-yourself materials are fine, and may even be useful. If correctly used, many of these forms might work for a do-it-yourselfer. But suppose your case is different? Suppose you fail to properly use the form?
One thing I have noticed about building materials is that the old rule of thumb generally applies: you get what you pay for. The same is true in estate planning. But it is also true that legal documents such as wills and trusts oftentimes do not "speak" until the author is deceased or incapacitated. Because of this fact, in the case of estate plans the handyman analogy of buying double the building materials breaks down. If a wall is improperly built, it can be torn down and redone. But if a will is improperly drafted, or if it fails to state the intent of the author, there is often no opportunity for a second try. Rather, in many cases, when the author of the will or trust is incapacitated or deceased, the planning "solution" either fails, or has completely unexpected and unwanted consequences.
Still, to be a good consumer of legal services, self-education is essential in communicating needs to an estate planning professional. The following is an overview of some of the major estate planning topics that should be applicable in most states.
Help! I Must Avoid Probate!
Whither Will or Trust?
Like anything, there are pros and cons when choosing between a will and a trust. Most of the pros and cons relate to cost:
- Wills are generally less expensive than trusts to prepare. Trusts are usually more extensive documents, and require property transfers when "funding" them.
- Trusts are usually less expensive to administer than wills. However, probating a will can be expensive, depending upon the size of the estate. While there are costs associated with trust administration, it is usually less expensive than filing a petition to probate a will.
Depending upon the circumstance, trusts can provide similar benefits as certain types of conservatorships. If a settlor becomes unable to handle his or her own affairs, the successor trustee can step in and make the necessary decisions to manage the settlors' financial affairs. Wills do not offer this benefit. However, if a person suffers from dementia, for example, a conservatorship "of the person" may still be necessary.
There are benefits to each approach. Also, the law governing wills and trusts may vary from state to state. You should consult with a competent estate planning attorney to choose the right approach for you.
Disclaimer: The information in this article is not legal advice, and the use of it does not create an attorney-client relationship. Any liability that might arise from your use or reliance on this article or any links from this article is expressly disclaimed. This article is not to be acted upon as if it were legal advice, and is subject to change without notice, or may include obsolete or dated information, or information not relevant to your jurisdiction. If you require legal services, you should consult with an attorney.