Why Hire a Loan Modification Lawyer Fort Worth 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 Loan Modification Lawyer Fort Worth 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 Loan Modification Lawyer Fort Worth 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.
Refinancing Your Home With Bad Credit or a Bankruptcy in Texas
There's no limit to the types of whiplash injuries which can be suffered by people under very bizarre or unusual circumstances, but fairground and amusement park rides seem to be strong contenders for the most common cause of strange accidents.
For instance, in 2009 a fairground accident resulted in 21 people suffering injures on a Blackpool rollercoaster.
The 'Big Dipper' ride experienced problems when one of the cars got stuck and was hit from behind by a car which followed along after it - usually at a safe distance.
Three people were treated in hospital for face and neck injuries and the others were described as 'walking wounded', but they might have felt the effects of whiplash later that day.
Symptoms can remain hidden for six to 12 hours in some cases, and occasionally continue getting worse for a few days after the initial injury.
In a 2011 incident in Skegness, 22 people were trapped for more than an hour on the 'Surf Rider'.
The ride, which was a classic mechanical swing boat-type machine - the ones with a giant arm which rocks the rows of seats back and forth slowly getting higher and higher - had broken mid swing.
This meant that all the people on board were stuck at about an 80 degree angle. A witness stated, "It looked like the ride had snapped on its axle and people were stuck. They were leaning on their side & it looked pretty uncomfortable."
According to one piece of research from May 2006 entitled 'Alberta rodeo athletes do not develop the chronic whiplash syndrome' - well the title explains the study's conclusion.
Although the rodeo participants and spectators questioned had all suffered about the same number of car crashes, the rodeo participants took fewer days off work and stated that their whiplash symptoms lasted for less time than the spectators stated.
It seems that they either have a higher pain threshold due to the sport they participate in, or that their necks have become more supple and the ligaments and tendons cannot be over-stretched as easily as in people who undertake no neck-related exercise.
Perhaps if everyone regularly undertook neck exercise which made their neck stronger and suppler, whiplash injuries wouldn't have such a severe effect on the victims of car accidents and any pain would only be felt short-term.
And next time you go on a fairground ride, perhaps you should do some limbering up exercises before being strapped in to save yourself a neck injury.
Medical Negligence - Know Your Rights As A PatientWhen one person has been unfairly injured by another person or organization, the victim can sometimes seek repayment through the civil courts. These legal actions are known as personal injury claims. In most of these claims, the plaintiff (the person seeking compensation) accuses the defendant (the person who is accused of the wrongdoing) of being negligent.In ordinary English, the word negligent can be used in many different ways. However, in civil law, this term has a very specific meaning. Four conditions must be met before a person can be found legally negligent.These conditions are outlined below: 1. Duty - The plaintiff must show that the defendant owed him or her a duty of care. This duty will vary depending on the relationship between the two parties. For example, a doctor has the responsibility of caring for patients in accordance with modern professional standards. In broader terms, we all have the duty to avoid inflicting harm on others when we reasonably can.2. Breach of duty - Next, the plaintiff must show that the defendant failed to meet the required level of care. This typically involves showing that the defendant could have reasonably predicted and prevented the victim's injuries, but deliberately decided not to do so.3. Harm - In order to have a case, the victim needs evidence that he or she was injured in some way. This harm can be physical or financial. In some cases, it can even be psychological. However, cases in which the victim only suffered emotionally, with no other types of losses, are often unsuccessful. 4. Direct causation - Finally, the plaintiff needs evidence that his or her injuries were directly caused by the other party's actions. If other factors contributed to the injuries, the plaintiff may be less successful in seeking repayment.Without evidence of all four of these components, a victim seeking compensation is highly unlikely to win his or her case. Additionally, a defendant may win the case by attacking the claim of negligence at any of these four points. This is why gathering precise evidence is a very important part of the legal process.
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Is Michigan's No Fault Auto Insurance a Better Alternative?The case of Westbrook Resources Ltd v Globe Metallurgical Inc , concerned a claimant who was entitled to damages arising out of the defendant's repudiatory breach of contract. The defendant was a manufacturer and supplier of metals. The claimant was a trader in metals.Following a number of lengthy negotiations the claimant and the defendant concluded a contract in January 2005. The contract was for the sale by the claimant to the defendant of approximately 30,000MT of manganese ore. The terms of that contract included as to size 'Screened over plus 1/2" screen at DLA'. It should be noted that 'DLA' was a reference to the United States' Defence Logistic Agency, a government agency which assembled huge quantities of manganese ore in stockpiles throughout the United States as part of strategic stockpiles of raw materials that might be required for military or national defence purposes. Over time DLA elected to sell some manganese ore via a tender process. The claimant successfully bided for two stores of manganese ore at Anniston, Alabama and Large, Pennsylvania respectively.The contract was not performed. According to the claimant, the contract was terminated by the claimant in May 2005 on account of the defendant's repudiatory breach which the claimant had subsequently accepted.The breach in question was said to be the refusal of the defendant to pay for the first barge of materials the claimant had arranged under the contract. Subsequent to the claimant sending an ultimatum stating that the defendant had two options, namely to pay for the first barge or risk the claimant treating the contract at an end, both parties accepted that the contract was ended and sought to mitigate their losses.The claimant then brought proceedings seeking damages for non-performance, whilst the defendant counterclaimed for damages flowing from the claimant's repudiatory breach of contract. The court decided that on the facts, the defendant had indeed committed a repudiatory breach. They held that the claimant had accepted that breach and was therefore entitled to damages.© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Employment Law - Jurisdiction of Tribunal - Employment RelationshipIn previous articles, I have discussed the importance of operating your business with a valid contract, the essential elements every Florida contract must have to be valid, and what happens when a breach of contract occurs. Lets review six common defenses that are often used to defend breach of contract claims. If you've been accused of breaching a contract, you'll want to continue reading this article.1. Statute of LimitationsIn Florida, a breach of contract claim must be brought forward within five years. If not, the claim is permanently barred and will prevent the injured party from recovering damages for their loss.2. DuressWhen one or more parties are pressured, forced or coerced into a contract, this takes away the party's free will and constitutes duress. According to the Florida court in Franklin v. Wallace, the person accused of breaching the contract can use "duress" as a defense to the alleged breach. 3. Implied Covenant of Good Faith and Fair DealingThe implied covenant of good faith and fair dealing, which requires every party of a contract to act in accordance with the contract's purpose, is commonly used as a defense to breach of contract claims. However, in Florida this defense will not negate the express terms of a valid contract.4. Impossibility of PerformanceWhen a party of a contract is unable to perform as per the contract terms due to circumstances beyond their control, this is referred to as "impossibility of performance." In Home Design Center v. County Appliances of Naples, Inc., the court established impossibility of performance as a legitimate defense to some breach of contract claims.5. Unconscionable Contract Terms A contract may be considered unconscionable if the terms are unjust, unfair or outrageous. In these instances, unconscionably may be a reliable defense to breach of contract claims. In the Florida case Kohl v. Bay Colony Club, the court held that when the terms of the contract are unfair and unreasonable at the time the contract was entered into, unconscionability may be used as a defense to breach of contract claims in the Florida courts.6. Unilateral or Mutual MistakesA unilateral mistake occurs when one party was mistaken about the terms of a contract at the time they entered into it. A mutual mistake happens when both or all parties of a contract were mistaken at the time the contract was signed. Under Florida law, if any party of a contract is mistaken about the terms of a contract at the time the contract went into effect, their mistake may be a legitimate defense for not performing as obligated. If you're being sued for breach of contract, it is imperative that you understand how to defend and protect your business and personal interests. Above we discuss a partial list of defenses that are commonly used in breach of contract claims. Depending on the facts and your circumstances, you may find one or more of these defenses applicable to your situation. You may also find additional defenses available to you that have not been covered in this article. So, do not delay. Protect your interests today.
Occupational Noise and Industrial DeafnessIn order to prove a case in negligence, a party must be able to prove both legal and factual causation. In other words, the party must not only be able to prove that the actions of a party proved something but that the actions were also a legally sufficient cause to hold someone liable and find negligence. Factual and legal causation are said to be distinguished from each other in an effort to avert the danger of a defendant being exposed to "liability in an indeterminate amount for an indeterminate time to an indeterminate class," according to Justice Cardozo.Once a party has factually proven that the actions of the other party have caused his or her injuries, the question becomes one of legal causation. One of the key factors influencing legal causation is the remoteness of the person's harm from the negligence of the other. A person's negligence is too remote or not a "proximate cause" of another's injury or damages if a reasonable person would never reasonably foresee it happening. The idea of legal causation is to prevent negligence damages being awarded in events where no one could foresee something bad happening and so take the necessary steps to avoid it. In cases involving medical malpractice, proximate cause is something easier to prove, particularly in surgical errors. In failure to diagnose or missed diagnosis cases, the issue of proximate cause is not nearly as easy to prove since it's not as easy to tell what the actual damages are. Surgical errors are much easier, unless an individual has undergone a lot of surgeries with a number of different doctors in a very limited period of time. In medical malpractice cases, it is usually harder to prove that there was a breach than that the doctor who committed an error was negligent in terms of legal and factual cause. Determining the breach is more difficult since the error that was committed was not necessarily a monumental error or even identifiable as an error at the time it was committed. Causation is much easier to prove since there are typically very few surgeons capable of making an error on a person at one time. Damages are also usually somewhat simple to prove for the same reason. Depending on the case, particularly in surgery, it is simple to say "I have no feet because the doctor amputated the wrong one." The damages in the case are clear. The difficult part, for the jury, is awarding monetary damages.
Why You Need a Wills Lawyer
If there's a load limit on construction contracts, Maryland must be getting close. The legislators in Annapolis require 21 distinct notices and disclosures in custom home building contracts. As a class, buyers of custom homes in Maryland must be among the best protected anywhere. Omitting any of these disclosures carries heavy consequences. More on that later.
If you're a custom home builder in Maryland, check your contract against this list of required notices.
· A draw (payment) schedule
· The names of the primary subcontractors
· Notice on change orders · Statement of warranty coverage (in bold)
· Disclosure on payment of subs & suppliers
· Waiver of lien notice · Mechanics' lien laws notice
· Certification of no judgments or violations
· Escrow account notice
· Sales representative notice
Failure to include an accurate "Certification by Builder" statement in a contract is a felony and makes the contractor eligible for a fine up to $10,000 and 15 years in prison. Omission of any disclosure required by Real Property Code § 14-117(j) or Maryland's Custom Home Protection Act is a misdemeanor punishable by a fine of up to $1,000 and a year in prison. If omitting a disclosure or notice results in a financial loss to a home buyer, a court may order the defendant to stop working as a construction contractor. Violation of the Custom Home Protection Act gives a home owner the right to sue for damages and collect attorney fees.
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The current model for structuring Major League Baseball contracts is flawed. Today, with signing bonuses and guaranteed money, pro athletes' contracts have become the antithesis of motivation. Today's ballplayer gets paid millions of dollars a year regardless of how well he has performed. There is no difference in compensation whether he bats.220 or.320. Other than maybe pride, what is the motivation of players with guaranteed contracts to perform at the expected level?
Incentive pay, also known as "pay for performance" is generally given for specific performance results rather than simply for time worked. Most salesmen and production line workers are paid based on performance. You reward your critical talent in a way that motivates them and keeps them engaged. I used to work for a Fortune 500 company that other companies hired to come in and replace the their hourly pay structure with a performance based one. I don't remember the numbers, but the increase in performance (i.e. output) was significant. The other benefit was that a company's low performers left because they weren't willing to put in the effort.
Who do you think sells more aluminum siding, the door-to-door salesman who gets paid a steady salary or the one who gets paid on commission? Obviously, the one who gets paid on commission. He doesn't get paid unless he makes sales (performs). Increased sales help both the salesman and the company.
We hear that professional sports are a business. If that is true, and I believe it is, then the team's front office personnel and the player's agents should adopt the type of incentive based compensation structure that has become more and more popular in the both the private and public sectors over the past decade. Incentive based compensation programs make sense in that they align the interests of the organization with that of its key personnel.
Number of hits, Number of doubles, Number of triples, Number of home runs, Slugging Percentage, Number of runs batted in (RBI), Number of walks, Number of strike-outs, Number of stolen bases, Number of errors, Number of games played (not on the disabled list), Sacrifice fly, bunting situations and moving runners over, Post Season performance, Awards - All Star, MVP, CY Young, Batting Title
There are many new statistical measurements called sabermetrics that could also be added to this list. One example of these measures is Wins Above Replacement (WAR). This is a sabermetric baseball statistic that is used to show how many more wins a player would give a team as opposed to a "replacement level", or minor league/bench player at that position.
Will incentive based compensation be in the future of professional sports? I hope so because it works. Players like to make money, so put their priorities in line with those of the team. They need to move away from the contracts negotiated for the individual and move toward team focused contracts. I don't begrudge anyone making as much money as they can; I just believe they should earn it. With incentive based compensation, players have the opportunity to earn more and owners only have to pay for what they get. Maybe the fans would also get what they pay for. The average cost of a family of four to attend a MLB game ranges between $170 to $230. Unless you live in New York, Boston or Chicago, then that number goes up. In the end, it's the fans that have to pay for these long term guaranteed contracts. So, if sports are really a business, then why not start running them like a business.