The Different Shades of Divorce

By on 11-12-2017 in Collaborative Divorce

It’s often the case that people heading for a divorce don’t actually know much about the process. Little light is shed on the subject by those who have been through the experience (often, the subject is a touchy one for people), and popular culture tends to highlight the salacious elements of a divorce (accusations of infidelity, for instance, or fights over child custody) without showing the actual process in full.

Since so many people get divorced every year, it’s odd that so little is often known about the process.

One important element of divorce is that not all divorces aren’t the same. In fact, divorces exist on a spectrum, from the most amicable, easily handled cases to very bitter cases that can drag on and be quite traumatic.

There are actually different forms of divorce to accommodate this spectrum. On the amicable end, there are uncontested divorces, in which lawyers are brought really just to make sure the process is followed properly. The details of the divorce have already been agreed to by both parties, and so there is no fighting it out necessary. Everyone knows who gets the house and who has custody of the kids.

On the other end of the spectrum, contested divorces are the kind usually seen on TV and in the movies, where a judge is required in order to decide issues that the two parties can’t agree to on their own. If both people want the house and the kids, then someone else has to be brought in to make the decision for everyone.

Between these two extremes is a third type of divorce: the collaborative divorce. This is perhaps the least well-known type of divorce. Again, while contested divorces make good TV, and uncontested divorces are quite common, the collaborative divorce rarely gets much publicity.

As this law firm explains, a collaborative divorce is one in which the issues have not been hashed out yet, but both sides want to work together to find a solution.

That means all information is shared between the two sides instead of requiring people to sneak around and find out information.

For those who can’t quite agree on who gets the house and how the custody will work with the kids, but who both think both parties want whats best and a deal can be reached, this type of divorce can work well. As an added benefit, it tends to speed up the proceedings and lower costs.

As you can see from the above points, there’s a lot of nuance to divorce, with different types of divorce available for different types of divorces. Just as every couple is unique and the break up of every couple is unique, the law has accommodated these various shades of divorce out there.

Remember that no particular type of divorce is better or worse than the others, and no particular type shows that you are a better or worse person or that you have certain types of feelings towards your soon-to-be-ex. Just choose the type that works best for you.

How much is a life worth?

By on 10-18-2017 in Wrongful Death

There’s no price to be put on a human life, at least, not in normal circumstances. Life may, while it is being lived, be absolutely priceless, but death, in some circumstances, can have a definite value.

What I’m talking about is wrongful death, in which some party is responsible for the death of an individual, and a lawsuit has to put a price on that victim’s life.

It seems a rather grisly business, but it is an important one. After all, it seems to be common sense that a family should be taken care of after a tragedy, and one way to look at that is to consider how much money that lost individual would have provided for the family.

Let’s say it’s the family’s major breadwinner who is killed at work because of faulty machinery. If that breadwinner happens to be young, with a young family, his or her death isn’t just a personal tragedy, but a micro-economic tragedy as well. That family is owed the money which has been, in a way, robbed of them.

In fact, there are even more economic reasons to compensate the family. According to Resmini Law, there could also be medical expenses and funeral services to consider.

Beyond that, apparently, families can be compensated for the pain of losing someone. How that is calculated seems tricky to me, but such valuations are regularly made and include the loss of companionship and the loss of guidance to the family.

Exactly how much all of this adds up to is entirely based on the circumstances of the victim and their family. If it is that young breadwinner and that breadwinner made a decent salary and kept the family going, then that family probably is getting a large payday, in the millions. If the victim is older, makes less, and that income wasn’t essential to the family, it could be smaller.

Other factors have to be considered as well, like how responsible was the other party for the death? Only a little, only slightly, or could the entire situation have been avoided if that other party had done something differently?

I’ve had trouble finding out how much the average settlement for a wrongful death suit actually is, but it apparently runs from quite small amounts of money into the millions. My guess would be a trend toward that higher figure.

Regardless, though these suits seem reasonable on some level and important for society, they still seem rather grisly, as I said above. They must be quite painful for the families involved. After all, there may be a value placed on a particular death by a lawyer or a court, but to them, that life was still priceless, and once it’s lost, it’s still lost.

Navigating Work-Related Injuries

By on 9-23-2017 in Personal Injury

We go to work to do a job, complete a task, and further our careers. No one ever expects to go to work and leave with a life-changing injury, or even worse, not come back at all. While your job prepares you with training and safety instructions, accidents can happen, and most of the time, they are not your fault. And even if you can attribute the accident to your own wrongdoing, you might be surprised at how the company can still be at fault.

A woman working for Botanical Food Company suffered from a work-related injury this July of 2017. The woman lost the tips of her index finger and middle finger in this accident. The incident occurred when the tube-filling machine she was working with produced a gap in the production line. The woman saw the gap and wanted to catch up on their slow morning and stuck her fingers in the machine to speed things along and reduce the gap. The woman claims that she did not think of a possible injury that could result from her actions. According to a report on the incident from The Chronicle, even though the company did not exhibit any reckless behavior, they “pleaded guilty to failing to comply with its health and safety duty.”

Even though the woman had been working with this same machine for over 100 hours, it was modified in 2008 and was now lacking a safety guard that would have automatically stopped the machine, rather than remain running while her fingers were inside. The woman admitted to her own foolish behavior, but regardless, the problem could have been avoided. The company was fined with $35,000, and the machine was promptly fixed after the incident.

Just like in this scenario, Williams Kherkher makes note that you can be eligible for compensation, even if the accident was caused by your own actions. It is common for workers to ignore their work-related injuries, but there is actually compensation waiting for you if you take legal actions. The company you work for will try anything to avoid a lawsuit and negative publicity, so you need to make sure that you are not being taken advantage of, and the best way to do that is by hiring a lawyer.

Immediacy is an important factor in your case. While the wounds are still fresh (literally) make sure to record the injuries you receive and take good account into the exact implications of how it happened. Sometimes your company will try to downplay your injuries, or send you to doctors who will under-diagnose you, it is important to go to a doctor that you trust. Often, your injuries can inhibit your ability to work and provide for your family, so it is important to get the compensation you deserve. The more experience your lawyers have, the more precedents they can use in favor of your case. Don’t let your company take advantage of you, or try to persuade you not to take legal action. If you were hurt on the job, no matter who is at fault, there is always some action to be taken.

Interesting Prom Venues

By on 8-02-2017 in Social Events

Prom is one of those nights your students want to remember. One of the factors you can consider to make the event more memorable is the venue. Sure, there is nothing wrong with the typical school gym and function room, but it is not bad to think about other settings either.

Aquarium

Aquariums are not just for family quality times, school fieldtrips, and dates, as they can also be used for proms. Many aquariums have wide spaces in them that can accommodate social events, including proms. The best thing about the peculiar combination of aquariums and proms is that it is exotic. The students can have a good time not just with their dates and friends, but also with marine life, not to mention the beautiful aesthetics that can result from water, lights, and certain marine life like jellyfish.

Garden

If you don’t feel the exotic and mysterious traits of aquariums, you can go for the green and lush traits of botanical gardens. The best traits of gardens involve color and smell. Gardens are not just green, because that would be quite boring because of too much consistency. In fact, gardens have a variety of colors because of their variety of flowers. The sweet smell of these flowers should also not be ignored, because they add to the general atmosphere and feel of the social event.

Hotel

Hotels have ballrooms that are much bigger that your school’s function hall. These rooms are also often highly decorated and exquisitely lit, creating a luxurious atmosphere that a school’s function hall can’t fully pull off. This feel of luxury can give students a unique experience, not to mention that it will match their formal attires, so they will feel like they belong.

Yacht

According to the website of the Anita Dee Yacht Charters, yachts are already being customized to be used as venues for social events, like birthday parties, weddings, and most of all, proms and post proms. Yes, your prom venue doesn’t necessarily have to be stationary. It can be a moving vessel in the water. This is exotic in its own way, and you can even make the event more scenic because of sunsets, fireworks, and the bright lights of the city as you and your students traverse water at night.

There are Things that You can Do if You were Injured in a Car Accident because of Another Party’s Recklessness or Negligence

By on 6-16-2017 in Personal Injury

Traffic authorities and professional bikers agree that the safest way to ride a bike is by being part of the traffic rather than by riding on the right edge of the road, very close to the gravel shoulder, as this may be covered with sand or other debris that can cause a biker to fall.

With the number of individuals riding a bike for morning exercise, to run an errand or head down to work increasing continuously, the above information can be a life saver. Equally important with the above information, professional bikers also share the following:

  • When riding a bike, one should blend into the flow of the traffic;
  • One should never zigzag along roads, go from street to sidewalk or weave between parked cars (this means bikers should never make their own road rules, otherwise, in the event of an accident, they may lose their right from receiving compensation as the accident would be due to their own acts of negligence and irresponsibility);
  • Ride on the right side of the street, at least three to four feet from the gravel shoulder. Along this path, other drivers, even pedestrians, will easily see you. Traffic is also slower at the right side of the road, so this will be a safer path, than at the left, where vehicles run faster;
  • Ride, at least, three feet away from cars parked at the side of the street. This is will keep you safe from car doors suddenly being opened or from cars starting and trying to merge back into the flow of traffic;
  • When riding downhill and your bike begins to run as fast as cars, ride in line with them. Pull a bit to the right, when you begin to fall behind and, when passing a car, make sure that you pass on its left side; a driver normally expects to be passed on its left side; and,
  • At a red light or at stop signs, stop behind cars that are already stopped and waiting for the green light. Never stop at its right side (especially if it’s a truck) as it may crush you if it makes a right turn.

Bikers, especially those who ride at night, need to observe many other precautions. But there is no safer and smoother way ever to ride than by observing traffic safety rules and riding with the flow of the traffic. If ever an accident occurs, your personal injury lawyer may be able to fight for your rights and earn for you the maximum compensation that the law allows if you rode this way since this can be a guarantee that you were not at fault in the accident that occurred.

Accessing the web address, http://www.shw-law.com/practice-areas/personal-injury-protection, will take you to a law firm that says personal injury lawyers “know just how devastating the effects of a car accident can be for all those involved. Even seemingly minor accidents can result in serious injuries, ongoing pain and suffering, and significant property damage, leaving accident victims with serious emotional, psychological, and financial burdens. To make matters worse, those who have to contend with these serious side effects often did nothing to cause the accident in question.

Fortunately, there are things that you can do if you were injured in a car accident because of another party’s recklessness or negligence. Filing a car accident lawsuit may be able to help you secure the financial compensation you need to pay for the financial costs of your accident.”

The law firm Karlin, Fleisher & Falkenberg, likewise says, “The kind of medical and rehabilitative care that bicycle accident victims often need to recover from their injuries can impose serious financial burdens on victims and their families. It is with this in mind that personal injury lawyers recommend victims reach out to an attorney as soon after the accident as they are able. They can help you defend your rights as a cyclist and fight for compensation.”

 

Defective Child Car Seats

By on 2-23-2017 in Defective Products

Children are some of the most vulnerable members of society. They are physically and mentally limited, putting them at greater risk of abuse and accidents. As the adult, you have the responsibility to make sure that the young people around you are on safe spaces.

A common cause of injuries among children is defective child car seats. These devices are made to serve as a restraint and a protective vessel, protecting children from injuries that can be sustained from car accidents and other potentially traumatic events. According to the website of the defective car seat attorneys of Habush Habush & Rottier S.C. ®, negligent car seat manufacturers may be held liable for selling defective products.

Common defects
Improper restraining capability: Car seats have latches and buckles that work together to properly restrain a child. If these materials have defects that compromise their effectiveness, the child may be in danger of unwarranted ejections during accidents.

Defective adjusters: Restraining a child is useless if the straps are too loose, as the child may still be ejected. If the straps are too tight, the child may be injured or may be difficult to rescue in emergency situations.

Manufacturing defects: Defective car seat parts, such as handles, shells, cushions, and frames, and the use of flammable materials can also compromise the functionality and comfort of child car seats.

Common injuries
Head or brain trauma: If a child is not restrained properly, he or she may hit a hard surface or get ejected. The child may sustain injuries to the head, or worse, to the brain. These kinds of injuries have the capability to limit cognitive and sensory functions.

Neck and back problems: The sudden jolt of a vehicle may cause whiplash, or a strain to the neck. It may also cause back injuries. The worst back injuries involve the spinal cord, potentially leading to the partial or total loss of sensory and motor functions of the limbs.

Chest injuries: Improper adjustment of straps can lead to injuries to the chest area, especially during the jolt on an accident. The stress from the impact can cause problems to the shoulders, chest, and ribs.

Types and Causes of Traumatic Brain Injuries

By on 9-22-2016 in Personal Injury, Uncategorized

According to the United States Centers for Disease Control and Prevention (CDC), there are more than 5.3 million people in the U.S. who are suffering from disabilities due to traumatic brain injury (TBI). Every year, about 185,000 are added to their number, while another 50,000 die. TBI is, actually, a major cause of death and disability in the U.S. and in the rest of the world.

Traumatic brain injury (TBI), also called intracranial injury, refers to any type of injury occurring in the brain. It is the result of an external force (a violent blow or jolt to the head) that traumatically injures the brain or which causes brain dysfunction. The three major roots of this external force are motor vehicle accident, falls, gunshot wound and violence.

Traumatic brain injury has many types. These include:

Concussion. The most common type of traumatic brain injury, concussion occurs when the blood vessels in the brain are stretched and cranial nerves are damaged. Its causes include trauma to the brain due to gunshot wounds, a car accident resulting to a whiplash injury, and violent shaking of the head.

Contusion. A contusion is bruising and swelling that affects the tissue of the brain. This injury is usually sustained in car accidents, when the head hits apart of the vehicle, like the steering wheel or an airbag. Among younger individuals, this injury is mostly sports related. Depending on its severity, the symptoms of brain contusion include loss of consciousness that lasts from a few minutes to an hour or longer, immobilizing headaches, insomnia, loss of memory, tiredness, difficulty concentrating, trouble speaking and, if left untreated changes in attitude and behavior.

Coup-Contrecoup Injury. This injury occurs when, due to the force impact to the head, the brain is slammed into the opposite side of the skull, causing the additional contusion.

Diffuse Axonal Injury. This injury is also known as Shaken Baby Syndrome or Abusive head trauma (AHT). Its cause, which includes strong shaking of the head, results to the tearing of brain nerve tissues. This disturbance in the brain can lead to brain damage or death.

Locked in Syndrome. This rare neurological condition, which usually results from a stroke, damages part of the brainstem. In this type of injury, a person remains conscious, however, his/her body and most of the facial muscles, except the eyes, are paralyzed.

Penetrating Injury. Also called open head injury, a penetrating injury occurs when a sharp object, like a bullet, enters the brain and causes a wide area of damage. Penetrating injuries are serious medical emergencies; these can cause either permanent disability or death.

Acquired Brain Injury. This injury to the brain occurs after birth.

Brain injuries require intensive emergency treatment, prolonged medical care or both; it can deplete family resources and savings. Many times, however, accidents resulting to TBI are due to someone else’s actions or failure to act in accordance to what is expected of him/her.

These acts of negligence are the bases of tort suits wherein victims or their families seek compensation for their injured loved one.

As mentioned in the website of Zavodnick, Zavodnick & Lasky, LLC, so much is at stake in the outcome of lawsuits that seek compensation to the damages suffered by victims and their families. While nothing will undo the harm done to victims, the compensation will help see to their proper caring, treatment and continuous medication.

What Are The Benefits of Outsourcing Your Staff Requirements?

By on 6-07-2016 in Business, Outsourcing

Over the years, outsourcing has become a major trend in the human resources sector. It is the practice of sending certain job functions to a service provider rather than in-house. In cases when a business does not have the ability to manage all aspects of their business process by themselves, their option is to pass on the job of filling up certain positions in their organization to an outsourcing company.

The idea of outsourcing business functions to another company started in the 1970’s and 1980’s when organizations started to realize that diversification had started to blow up their management structures. In addition, these companies had started to lose their flexibility. As a result, many companies started to consider outsourcing. However, it was not until the early 1990’s, when the practice began to pick up.

As many companies started to see the value of the practice, there is now a proliferation of many outsourcing companies like Pinoy Partners Outsourcing Center Inc to help them with their business requirements. So how can organizations benefit from outsourcing their business functions? Here is a rundown of the benefits:

1. Focus on Core Activities

With outsourcing, companies can now focus on strengthening their core business activities while letting the service provider handle other processes such as back-office. By outsourcing activities, the organization can spend more time on important business functions without sacrificing the quality of back-office operations.

2. Cost Efficiency

Hiring in-house personnel can be costly for an organization. However, by outsourcing, recruitment and operational expenses can be greatly reduced. It is the outsourcing company who will do the recruiting on behalf of your company.

3. Risk-sharing

High employee turnover can increase uncertainty and inconsistency to your operations. While giving your business continuity, the outsourcing company can be instrumental in reducing the risks associated with substandard levels of operation. In addition, the outsourcing company is a specialist thus helping improve risk-mitigating factors.

4. Staffing Flexibility

If your company has seasonal or cyclical demands, the outsourcing company can help fill up the additional staff whenever you need them and release them when you are done.

5. Swiftness and Expertise

Outsourcing companies have people who are experts in their respective fields. For this reason, the task can be accomplished faster and with a better quality output.

How To Get Your Property Back From A Wrongful Closure Claim

By on 6-06-2016 in Real Estate

A real estate property can be a valuable asset to any individual. It is the product of their hardwork, sacrifices, and savings. It can help provide your family with shelter and protection from natural forces such as the snow or rain. But when your property was foreclosed for the wrong reasons, you can make the bank or financial institution responsible for their mistake and get back your property.

Wrongful foreclosure is one of the most difficult processes any homeowner can go through. The good news is that you can hold the lender responsible for the mistake they committed in accidentally foreclosing your property. There are many issues that can contribute to a property becoming illegally foreclosed (Click here to learn more). Meanwhile as you aim to get back your property, here are some steps you can take to strengthen your chances of winning:

1. Put everything in black and white

Yelena Gurevich of the Consumer Action Law Group recommends documenting everything. She suggests noting down the names of people in the bank or lending institution that you communicate with, their dates, and official letters from the lender. By documenting everything, you can back up your monetary claims and help in the assessment of property damage.

2. Exercise your rights

When your property has been illegally foreclosed, you can exercise your legal rights to file a claim against the bank or lender involved in wrongful closure. If you were immediately evicted from the house they illegally foreclosed, you can request for a preliminary injunction, claim monetary damages, or get your property back.

3. Call the lender

By calling the lending company, you will be able to clear the situation up. Just bear in mind that they are just doing their job and that there must have been some form of miscommunication along the way. If so, you can seek reparations from the lender itself and try to rectify the mistake.

4. Get legal help

If you cannot fix the situation yourself, this is the time to get help from a real estate lawyer. The attorney then will know what to do with the situation and if necessary, file the corresponding case on your behalf.

An illegal foreclosure can cause difficulties and frustrations on your part. The good news is that you can get back your property and make the bank and lender pay for any inconveniences they have caused you.

So You Own A Gun, Then Be Responsible

By on 6-05-2016 in Firearms

In the United States, owning a firearm is a right protected by the Second Amendment. Under the law, guns are considered legal to carry as long as you satisfy the requirements. In fact, as early as 18 years old, you can already purchase a rifle or shotgun. As long as you do not fall into the prohibited to carry category, you can be allowed to carry a firearm.

However, owning a gun entails a lot of responsibility on the part of the owner. According to the website owned by a Texas open carry lawyer, handguns must be carried in a belt or shoulder holster at all times. In the United States, statistics have shown the violent nature of guns and the responsibility that goes with carrying them. Figures released by the Mass Shooting Tracker revealed that there were 372 mass shootings in 2015 resulting to the death of 475 people and the wounding of 1,870 others.

Due to the violence and negative connotation that goes along with guns, rules of gun safety were put in place. This is to ensure that no accident will happen due to the irresponsibility of gun owners. If these rules are followed all the time, it is likely that a gun-related accident will never happen again. Here now are the 4 cardinal rules of gun safety:

1. All Guns Are Always Loaded

There have been many incidents of people getting killed because of “unloaded” firearms. So for your safety, assume that every gun is loaded until you have checked it yourself. Bear in mind that when you are in possession of the gun, it is your responsibility. When it comes to firearms, there is no room for the phrase, “I thought it was unloaded.”

2. Never Point The Gun At Something You Are Not Ready To Kill or Destroy

Once you are done with the safety checks and certain that the gun is not loaded, you still cannot go ahead and be careless with it. With the first rule still in mind, you must be aware of where you are pointing your gun. Taking this rule in mind can help save a lot of lives.

3. Be Sure of Your Target And What Is Beyond It

This is where gun responsibility comes in. Once it is in your hands, you are totally responsible for whatever happens while it is in your possession. Misses and over-penetration can happen. You may hit a target that you do not want to hit. Know everything about your gun and nothing will happen.

4. Keep Your Finger Away From the Trigger Until You Know Your Target

This is the most important rule. When your finger is away from the trigger guard, the gun will not fire. The only time you will put your finger on the trigger is when you are ready to fire. The good news is that today’s firearms are loaded with a variety of safety features that will keep the gun from firing until the trigger is pulled.

The gun is one of the most violent weapons that man can possess. While ownership is constitutionally protected, you should still practice some amount of responsibility.