What Legal Documents Seniors Need

Apr 12, 2016 by

Death is seldom a pleasant topic to discuss, as nobody is really comfortable talking about their death. However, failing to plan ahead can burden your loved ones with financial and legal problems, as settling such issues can be costly and stressful for your estate. There are a number of legal documents that need to be set up in which many elders or seniors are not aware what these documents are for or even understand the legalese terms that are used, nevertheless seniors should still find help with arranging these necessary documents so as to avoid legal and financial issues in the future.

One of the most important legal documents that seniors should prepare is their will. This document contains the instruction and wishes on how you would want your estate, assets, and properties that will be given after your death. The beneficiaries will be listed on your will along with the items that you leave them with. On the other hand, a living will provides instructions on the manner with which you wish your health care during your end-of-life will be, and will only take effect if you become terminally ill. A living trust is a legal arrangement where you appoint a trustee (either you in the form of a living trust or a different person) that permit that person to have full control of your funds and properties.

Other important legal documents for seniors are the durable Power of Attorney for Health Care and Finances, which would give your lawyer the authority to execute legal ad financial decisions in your stead should you be unable or incapacitated to make you own decisions.

Planning for your death is never an easy issue, but it should not discourage you from making sure that the people you leave behind are well taken care of and free from legal and financial troubles that will follow. If you wish to be independent until the end of your life, you might want to consider living in senior assisted living, but you can only have peace of mind in your sunset years if you have prepared yourself legally and financially.

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Why Do Car Accidents Happen?

Nov 15, 2015 by

2016 dawns nearer and nearer with every passing day and yet car accidents are still happening every single day. Surely with the technical advancements that scientists and engineers come up with day by day that situations like this should be a thing of the past by now.

Unfortunately, they are – and the reasons why have not changed for years.

One of the primary causes of car accidents is that of negligence. Either the negligence of the driver or the negligence of the manufacture (whether the negligence was intentional or not), the consequences can be very difficult to live with. Some accidents are quite harmless with nothing but a scratched paint job or a dented door as the aftermath. Some people, however, find themselves literally unable to walk from an accident of this nature ever again.

Automobiles are not free from the errors that their only all too human drivers can commit. Drivers can get distracted or drive recklessly (i.e. drive drunk or drive while lethargic) and these errors in judgment can end lives and devastate entire families and communities. An automobile accident attorney may point out that some errors can come from beyond the drivers themselves, as is the case for car accidents that are due to highway defects or car malfunctions.

An experienced legal professional will not only know the best way to go about legal action in order to receive compensation for the damage done unto you due to the accident, but they also have access to a network of resources of other professionals that civilians may not always have. They have people who can strengthen your case – whatever the twist and turn of the variables may be – as well as professionals who could aid you with your recovery period.

Suffering from a car accident can be one of the most stressful, traumatic experiences that anyone can go through. However it happens, remember that you need not have to go through it alone.

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Lead Paint Poisoning

Jul 28, 2015 by

We now know that lead is a potent and poisonous metal that can cause serious medical problems. However, before this was discovered, lead was commonly used in products from paint to children’s toys. Even after the ban, products with lead remain, posing devastating health risks to those exposed to the metal. Lead is particularly dangerous if digested, making children even more susceptible to the dangers of lead, according to the website of Crowe Mulvey.

With the immense dangers lead poisoning poses, it is important to know the products that may contain this metal. One of the most common products known to contain lead before 1978 was paint. This means that homes built before this year may still contain this paint. Lead paint may also have been used to paint children’s toys and other products. This is dangerous as children have a tendency to chew on objects. Lead was not only used in paint, however. The metal was used in pipes and plumbing before it was shown to be dangerous. This poses the same risk of lead being in older homes, but also opens the possibility of lead contaminating drinking water if it was used in sink faucets. There is a number of other products that can potentially contain lead and cause poisoning. Lead poisoning can cause health risks in adults and developmental problems in children.

Poisoning of any kind is a terrifying thought. It can become even more scary when things you come into contact with on many occasions can cause it. Even though the use of lead to make a number of products has been stopped, it is still possible to come into contact with the metal. If you start to experience signs of lead poisoning or suspect your children may have been exposed to it, it is vital to visit a doctor as soon as possible.

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Factors of Negligence

Apr 14, 2015 by

For an action to be considered “negligent,” it has to pass four determining factors. There are four aspects to a negligence claim that overall determine if compensation should be dealt. These four elements regard the defendant’s duty, breach of that duty, causation and damages.

The first step asks whether or not the defendant had a legal duty of care. For example, drivers have a legal duty of care for other drivers around them. Their duty is to drive safely, with regard for the personal safety of others on the road.

Following the first step of legal duty is the element of breach of duty. This factor entails that someone with a legal duty violates that duty, and acted unlike a “reasonably prudent person” would. The phrase “reasonably prudent person” simply means an average person. When the defendant’s action is found to be contrary to what an average, reasonable person would do, breach of duty is evident.

Once past the first two steps, the third element to consider is causation. If the defendant’s duty has been identified and a breach of this duty has occurred, then there must be reason to prove that the action is the cause of the plaintiffs injury. Furthermore, there must be evidence that the defendant could foresee and prevent the accident from occurring.

Lastly, the damages are assessed. This is the final step, and determines the compensation amount, if any, that will be given to the plaintiff.

According to the website of the attorneys at the Abel Law Firm, medical bills and property damage expenses can add up, and compensation can significantly help the situation of someone injured.

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Reduced Settlement for Actos Bellwether Trial

Feb 24, 2015 by

The first lawsuit against Takeda Pharmaceuticals USA Inc. and Eli Lilly and Co. for their participation in the manufacture and marketing of the diabetic medication Actos has ended in settlement. The initial amount was for $9 billion but it was eventually reduced to $37 million by Western District of Louisiana judge Rebecca Doherty.

The lawsuit was the first to go to trial with the claim that Actos is associated with increasing a diabetic patient’s risk of bladder cancer. A motion by Takeda and Eli Lilly for a new trial was denied by the judge, and maintained that the $27.6 million against the Takeda and $9.2 million against Eli Lilly was not unreasonable considering the evidence.

Actos (pioglitazone hydrochloride) is one of the thiazolidinediones class of drugs used to manage type 2 diabetes. It had been mainly marketed as the safer alternative because it appeared to avoid the risk of congestive heart failure (CHF) a common side effect of glitazones because they caused the body to retain water. However, it turns out that it does increase the risk of CHF as well as liver disease, fractures, and bladder cancer from prolonged use. An personal injury lawyer will be able to tell you that the fact the manufacturers knew Actos carried these risks but failed to warn physicians and patients about them is a strong basis for the lawsuits against Takeda and Eli Lilly. Moreover, a whistleblower lawsuit revealed that the companies had known about the link about myocardial infarction and Actos since 2005 but it was only in 2011 that independent studies revealed these risks. The product has been pulled out of the German and French markets but continues to be prescribed in the US with additional warning of these risks.

If you have been seriously injured or harmed from using Actos, you may be able to get compensation. Contact an personal injury lawyer in your area for more information.

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Spousal Support in North Carolina

Jan 2, 2015 by

There are thousands of jokes that touch on the subject of alimony, and most of these give the impression that the alimony receiver (usually the evil wife) is taking advantage of the alimony giver (the poor husband). In reality, however, it isn’t as simple (or as sexist) as all that.

In a marriage, especially one that lasts several years, the husband and wife (or partners in same-sex marriages) get used to a certain way of life. In many cases today, both spouses work but one usually earns much more on which the other spouse depends. In the event of a divorce, as the website of the Marshall & Taylor PLLC explains, spouses will have to cope with a change in their financial situation where the spouse who is earning less will no longer have the income of the more affluent spouse to fall back on to make up the difference in the household expenses. There are cases when the less affluent spouse is unable to make ends meet because he or she has become used to a certain lifestyle.

In North Carolina, spousal support is designed to be rehabilitative; it is not meant to punish one spouse. The aim is to help the less affluent spouse gradually adjust to a different lifestyle as a single person, and that at some point spousal support will no longer be necessary. It is a tricky issue because each case is different and takes careful sifting to identify real needs from imagined ones.

In general, divorce courts in North Carolina will grant two types of spousal support: post-separation support (PSS) and alimony. PSS is typically of limited duration. It is in force until such time as a petition for alimony is granted or denied. If alimony is granted, the PSS gives way to alimony, which can be more or less than the PSS, and is of varying duration depending on how the petitioning spouse presents the case and how circumstances pan out in the future.

If your future ex-spouse is giving you a hard time about spousal support, you need to assert your rights under North Carolina law. Consult with a savvy divorce lawyer in your area to help you prepare your case.

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Gun Laws in Texas

Nov 6, 2014 by

The Texas state constitution, under Article 1 Section 23, protects citizens’ right to carry and adults (those of legal age of 21 years old) can buy a gun without the need for a license. In order to carry a firearm, you must first apply for a license to carry a concealed handgun, since carrying a handgun openly is considered illegal, unless you are within the premises of your property, vehicle or watercraft.

According to the website of Mark Lassiter Law, applying for a permit to carry a concealed firearm requires applicants to file at the office of the city or town clerk of the area where he or she resides or has a place of business. Although there are guidelines and qualifications as to who are allowed to carry a concealed firearm, the local licensing authorities have full discretion as to who they would or would not issue the permit to. Some qualifications for a license to carry a firearm are: those are qualified to carry under federal law, those who have reside in Texas for no less than six months before the application was submitted, those who have been convicted of a felony crime, those who exhibit capable and sound judgment when it comes to proper handgun use, those who are not chemical-dependent, those who are not running from the law (fugitives), and many others. Consulting with Mark Lassiter Law can help in staying informed regarding gun laws in Texas, in order to avoid any charges regarding gun-carry violations.

Violations regarding gun-carrying in Texas can include a fine of $2,500 and/or up to a year in prison. The state of Texas considers carrying a handgun (whether openly or concealed) without a proper license to carry as a Class A Misdemeanor. Although Texas acknowledges permits to carry issued by other states, not all states recognize permits issued by the state of Texas. When facing a gun violation, it is always advised to consult with a Dallas criminal defense lawyer to ensure that your rights are fought and protected.

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Understanding the Need for a Drug Crime Defense Attorney

Sep 18, 2014 by

Anyone charged with drug possession is facing serious consequences, but this is especially true for the young and st—vulnerable. There was episode in one of the longest running crime shows on TV where the accused was a young woman whose car companion was arrested for smoking marijuana and she herself had an ounce of the substance on her person but no priors. She was arrested as well and because she had incompetent counsel was convicted and given the maximum sentence. To make a long story short, she lost custody of her child and she was nearly convicted of conspiracy to murder the prison guard who was raping her.

The setting of the story was in New York City, but the consequences would had been equally bad if not worse in Texas where there is a commitment to prosecute even the most minor drug charges. Typically, if you are found with small amounts i.e. less than a gram of drugs on your person or your property in a legal search, you have no prior conviction for the same crime, or you have a viable defense for drug possession, you may get away with a small fine and probation or even have the case dismissed if you have competent legal representation.

It all depends on the circumstances, and in most cases the situation can be made worse when the defendant does not have a proactive attitude. Most first-time offenders have no idea of what their rights are when they are arrested for drug crimes and make many mistakes because they are scared of getting into trouble. As explained by Ian Inglis on his website, the consequences can certainly have a significant impact on the defendant’s life so they should be scared. But if they let a competent lawyer that will defend their rights and represent them handle the case, the defendants can be assured that everything that can be legally done is being done.

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Where Did Golf Come From?

Jul 17, 2014 by

cavemanModern golf as we know it has not obviously not always existed, but has grown into what it is today over hundreds of years.

There are numerous games dating back centuries that have the same general concept as golf: use a tool of some kind to hit a round object into a faraway hole. These original games range wildly in terms of their geography. One came to Europe from as faraway as China, but the most widely held theory is that modern golf was derived from a Roman game called paganica. The idea is that conquering Romans spread the game throughout the empire as it grew.

So if you didn’t know, now you know!

 

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Who Is Required to Have an SR-22?

Apr 25, 2014 by

One law that drivers in the US will need to observe, if ever they cause an accident or are caught driving without the required insurance liability coverage, as well as if they get multiple convictions for a traffic offense, like a DUI, or incur multiple traffic violations within a year, is to fill out an SR-22 form (some states call it FR-44), also known as Certificate of Financial Responsibility (CFR).

An SR-22 or CFR is a vehicle liability insurance document required by some states on drivers guilty of any of the cases stated above. This form is forwarded by an auto insurance provider to a state’s Department of Motor Vehicles (DMV) to serve as proof that the driver, who has been ordered by the court to acquire it, already carries the state-required car liability insurance coverage; it is also the means that will let drivers regain and enjoy again their driving privileges.

Besides the SR-22 fees that need to be paid (not all states impose a fee, though), drivers required of it will also have to suffer paying a higher premium for their insurance, usually up to three years. Drivers should see to it that their insurance policy never lapses or gets cancelled (within the specified duration of the SR-22), otherwise, their auto insurance company will have to notify the state which, in turn, will suspended their license again.

According to Habush Habush & Rottier S.C.®, the state, where the form had been required and issued, may lift the SR-22 requirement only if the driver concerned had not been caught anew due to another traffic violation; if charged with a new offense, however, the state has the option and authority to impose an extension of the SR-22.

The SR-22 is not required in all states and in states where it is required, not all auto insurance companies are certified by the state’s DMV to issue it. Individuals will need to check which auto insurance provider in their state offers it. With regard to states that do not require the SR-22, these include Delaware, Kentucky, Minnesota, New Mexico, New York, North Carolina, Oklahoma and Pennsylvania.

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