While there are many significant issues to become worked-out during a divorce, among the most critical to take into account could be the split of both obligations: property and resources. There are two techniques these may be distributed – through community residence and equitable distribution. Many states, nonetheless, use a distribution that is equitable.
Despite its label, circulation doesn’t that is equitable mean equal. Fairly, it means fair circulation of obligations, other possessions, and houses. In order to debts and divide residence, there are various elements which are considered, including attributes that are independent and the properties. Though distinct qualities won’t be divided between your two partners, it generally does have a significant effect on how marital qualities will soon be dispersed. A child support lawyer might point out that other elements that could influence the submission are:
- Age, bodily, mental, mental health, and length of union
- Income and earning potential of each partner
- Present value of any marital property, along with the money and property led during the marriage by each partner
- Standard of living made during the total union
- Achievable economic situation of each partner once the divorce becomes final
- Conjugal obligations and liabilities, combined with the capacity of each partner to fund them
- Probable tax effects of each partner
- The necessity for the custodial parent to preserve the home that is marital alongside its house results
- The guidance or aid of teaching 1 spouse towards the knowledge, or gaining strength of the other spouse
- Contribution of in getting any marital residence, their factor, in addition to every spouse like a homemaker
Additionally there are instances where the courtroom can punish spouses due to their wasteful utilization of marital property whether it be through the marriage or after the separation. Infidelity or any mistreatment is also something the judge often deems.
Equitable distribution is only performed in a courtroom; when both spouses haven’t agreed on the circulation of these attributes, therefore, it is generally used only. Nevertheless, the spouses themselves can talk over submission of properties, or with their respective attorneys, without getting them to judge, solving these issues.
Every driver aspires to practice caution on the road. However, certain vehicles require more caution and care than others. Sharing the road with trucks and other large vehicles is a stressful experience that every driver must learn to navigate. Likewise, truck drivers must practice extra caution as they can cause more damage to the cars around them than the average vehicle. It is not surprising, then, that truck accidents occur.
Common causes of truck accidents include: drunk driving, truck driver error / negligence, truck defect / malfunction, trucking company negligence, and no-zone violations.
If a driver is drunk or their judgement is otherwise impaired, it can be far more harmful when they are behind the wheel of a large vehicle. While drivers must be weary, on their guard, and always practicing extra caution around trucks and larger vehicles, it is still the responsibility of the driver of the vehicle itself to be cautious and aware of his or her surroundings.
Even if the driver is completely cautious and follows all rules of the road, an accident could still occur due to a defect in the truck, a malfunction of some truck machinery, or an oversight by the trucking company. Negligence of these issues by those responsible for large vehicles can lead to very dangerous accidents. It is also imperative that driver avoid hovering in no-zones, or the areas around a truck where a small car is less visible.
Truck accidents are some of the most dangerous and stressful incidents that can occur on the road. Often times, truck accidents do not simply happen without the oversight of error of those involved. They are unfortunately often the fault of the carelessness or neglect of another. In these cases the victim may be owed certain damages. View more about truck accidents here.
Even the womb can be a critical place for an unborn child. This is because anything taken by the mother – healthy as well as unhealthy food, illegal substances or even prescription drugs, will serve as food for the child to either to keep him/her healthy or to damage his/her health. This is why pregnant women should refrain from over-eating, smoking, taking alcohol, using illegal drugs or taking prescription medication that have not been proven safe for women who are pregnant or expecting to become pregnant soon. Equally important is the detection and proper treatment of any infections suffered by the mother as this, plus whatever she consumes, can lead to unfavorable effects on the unborn which he/she may suffer from for the rest of his/her life.
One of the worst kinds of birth injuries a child can suffer from is cerebral palsy, an incurable, chronic brain disorder that impairs a child’s muscle coordination, body movement, cognition, sensation, perception, speech, and other brain functions. Cerebral palsy is currently the most common neurodevelopmental motor impairment in children and, according to different United Cerebral Palsy associations, more than 500,000 children suffer from it and about 10,000 more acquire it every year.
This brain disorder may either be congenital or acquired. It is caused by the lack of oxygen supply to the brain or trauma to one or more specific areas of the brain, which can occur before, during or after birth. One sad thing, however, is the fact that the major reason for its development is medical malpractice – a failure by the doctor, medical staff or hospital, to provide the required standard care to both mother and child, maybe during pregnancy, labor and delivery or right after birth.
Babies who are born prematurely or who were born with very low birth weight are most susceptible to cerebral palsy. Other than these, some other factors that increase the risk of cerebral palsy revolve around the failure of medical professionals to:
- Identify and/or treat any infection suffered by the mother during pregnancy
- Recognize and properly treat fetal problems
- Prepare for a C-section procedure (prior to delivery) if the child will not be able to pass safely through the birth canal or perform an emergency C-section (during delivery) if necessary
- Properly use forceps or vacuum to deliver the child
- Detect a prolapsed umbilical cord
Cerebral palsy can significant impact the child’s and his/her family’s life. Besides limiting, or totally taking away, the child’s chance to engage in meaningful and fun activities, treating the effects of this brain disorder will also require expensive medical treatment throughout the course of the child’s life.
While the law allows the victim of medical malpractice to receive compensation from the liable party, proving liability and making sure that he/she will receive the maximum amount of compensation allowed by the law will not be easy. Cerebral Palsy lawyers, especially those from the Driscoll firm, will be able to provide the degree and level of legal expertise and help that the victim specifically needs. Those interested, however, may click here to learn more about cerebral palsy and the victim’s legal rights.
Naming the heirs to your assets and properties and the specific amount of inheritance which you intend to leave to each are the primary reasons why the need for a will. A will should also name the person who you would want to be the executor (the person charged with the administration) of your estate. If your will fails to appoint an executor, then the court will name one instead. An executor should be at least 18 years old and has not been convicted of a felony. While some choose a lawyer, an accountant, or a financial consultant as their executor, others choose their spouse, child, relative or very close friend.
The tasks demanded of an executor, besides properly managing your estate, also include: making certain that all the assets and properties mentioned in your will are accounted for; settling all your debts from creditors and taxes; and, after payment of all debts, distributing the remaining assets and properties to all heirs named in the will.
For the executor to be able to perform all tasks, his/her appointment will first need to be declared and proven legally. This legal act proving an executor’s appointment is included in a court proceeding called a probate.
According to the website of Peck Ritchey, LLC, the purpose of a probate is to establish the validity of a will. The whole process actually begins with the filing of your Will at the appropriate court (in the state where you reside). The filing is followed with a request that the court approves your Will, as well as make a formal or official appointment of an executor (an executor who will be formally appointed by the court will be issued a document which proves his/her authority to administrate your estate. This document is called the Letters Probate).
Probates essentially comprise two steps. The first requires payment of all your debts, while the second calls for the distribution of all remaining assets and properties to your heirs. After a death notice (death of the estate owner) has been published in the state’s local paper (this is to give creditors, who may have interest in the owner’s estates, enough period to file a claim against such estate) notice to all heirs identified in your Will should also be made to inform them of any court-scheduled probate.
Due to the many legal requirements associated with making a will or estate plan and the steps involved in the probate procedure (plus the need to know the specific laws of your state regarding all mentioned concerns), it is helpful to seeking the assistance of a knowledgeable, highly-skilled, and experienced probate lawyer. Your lawyer will also help make sure that all necessary legal documents are identify and completed to make sure that your will earns the court’s approval.
Pharmaceutical companies are legally obligated to make sure that their products are safe and effective in treating serious health conditions and in helping individuals maintain good health. Thus, it is important that before getting approval from the US Food and Drug Administration to have their products be made available for public use, these products, especially prescription drugs, should have first undergone clinical tests which will determine their actual effects on patients.
Sadly, though, despite the different government agencies that are tasked to ensure product safety, many of those that have defects still find their way in markets’ shelves and get sold to unsuspecting consumers. Defective products are not limited to prescription drugs or over-the-counter drugs, but include an endless list of items that Americans purchase and use (every day). Some of the products commonly complained about due to their defects and the harm these have already caused, include: food, children’s toys, motor vehicles, gas containers, milk, dairy products, electronic devices, machines, chemicals, and so forth.
Due to the so many defects reported by consumers, some of whom have already suffered injuries, the Consumer Product Safety Commission has been forced to order thousands of product recalls. With regard to prescription drugs, the government authorized to make recalls is the US Food and Drug Administration. The FDA does not usually recall a drug unless that risks it causes have been proven as outweighing the benefits it provides. However, to make sure that patients are aware of the drug’s potential risks, the FDA advises its manufacturer to clearly state in the drug’s prescription label the possible dangers associated to its use. However, if the drug’s side-effects are severe, then a block box warning, the most serious warning the FDA issues, can be included in the label of the drug.
Unless a product has been tampered with or altered by the seller, the harm it causes will always be the manufacturer’s fault. Proving liability over a defective product is not an easy task, though, due to the complex legal procedures involved in it. Thus, it is best that the victim is assisted by a knowledgeable and skillful personal injury lawyer, who will help him/her decide what legal action to pursue to help him/her get the full amount of compensation allowed under the law.
One of the most common accidents in the world is of the automobile variety. Possibly, this is because automobiles are necessary for daily life in nearly every metropolitan – even some provincial areas – all over the world. It is of no great leap of logic then, to deduce, that there is likelihood that every person will experience at least one automobile-related accident in his or her lifetime. Not to say that these accidents are things to look forward to, as they are anything but that. However, most people just do not exercise the proper caution when on the road and this can lead to accidents.
Even the smallest accident, the simplest accidental brush, can lead to reparations that you cannot afford. There are accidents that cost quite dearly, however, as some are known to have cost the drivers their automobiles or, at the worst possible case, their lives. If these accidents are due to another person or entire party’s negligence, they are to be held accountable for their actions’ consequences and the damage sustained by the victims. This can range from mechanical repairs to medical bills and lost wages, even punitive charges.
According to the website of law firm Crowe & Mulvey, LLP, the victim of an automobile accident – whatever the cause of the accident – is warranted justice and compensation for the damage done. Some automobile accidents are so devastating; they can cost dozens of lives in the single blip of a second that could have been caused by a teeny tiny mistake.
If you or your loved one has been a victim of automobile accident, it is more than understandable for you to just want things to go back to the way things were. Recovery is one of the hardest aspects of having to deal with any damaging accident and it is all you will have to worry about, if you hire the right kind of legal aid to handle the processing of your claim in order for things to flow more smoothly. Experts are more capable of handling legal matters such as this.
Unless all drivers realize and accept the fact that they put in danger many lives, including their own, whenever they drink and then drive their vehicle, there will always be injuries, deaths and damage to properties.
The US National Highway Traffic Safety Administration (NHTSA) states the drunk driving has always been one of the top causes of motor vehicle accidents in the US. In 2010 it caused 10,228 deaths and accounted for 1.4 million arrests; 9,878 people lost their lives in 2011 due to it, with drivers aged between 21 and 24 being identified as those with the highest alcohol concentration level in their blood, while in 2012, the number of lives it claimed went up to 10,322.
The first blood alcohol concentration (BAC) limit for drivers was determined at 0.15% – this was made through the research efforts of the National Safety Council and the American Medical Association in 1938. Until the late 90s, however, death toll due to driving under the influence had an average of 20,000 annually. In 2000, the US Congress finally passed into law the new national illegal limit for impaired driving: 0.08% BAC.
Presently, two statutory offenses are applied by all 50 US states plus Puerto Rico on those caught under the influence of alcohol while driving:
- The first is the charge of DUI (driving under the influence), DWI (driving while impaired/ intoxicated), or OWI (operating a motor vehicle while impaired/ intoxicated). Determination of any of the three takes its basis from the arresting officer’s observations and judgment arrived at through roadside sobriety test results, and the driver’s slurred speech and driving behavior
- The second is what is termed as the “illegal per se” or driving with at least a 0.08% Blood Alcohol Concentration (BAC) level
Drunk driving offenses, especially repeat offenses or if someone was hurt or killed due to the accident entails many other legal implications for the liable negligent driver besides the heavy fines, probable jail sentence, community service or attendance in a DUI school. The court may also decide to require the driver to fill out an SR-22 form (also called Certificate of Financial Responsibility (CFR) form or FR-44) and require that an ignition interlock device (IID) be installed in his/her vehicle.
Victims of personal injury in San Diego should contact a personal injury lawyer who can help them file the necessary lawsuit (to bring the liable party to justice) and obtain the full amount of financial compensation allowed by the law. This compensation usually covers a person’s injury related expenses such as hospital bills and lost wages.
To ensure the safety of cruise ship passengers, the Safety of Life at Sea (SOLAS), a global maritime safety treaty, has issued the “Safe Return to Port” regulation on all types of ships; this mandate is to guarantee the safe return of all ship passengers back to port. Besides the safe return to port mandate SOLA also requires that all new cruise ships be equipped with self-sufficient, international standard clinics and other emergency facilities.
As far as passengers are concerned, the said mandates are perfect and much needed: the main concern is, how many of these are being observed, because with the frequency and severity of disasters, injury to (and sometimes death of) passengers, crimes committed on board while on cruise, viral outbreak, unsanitary conditions, and many other negative issues involving cruise ships, the mandates appear to be very far from full adaptation.
Pirates, icebergs, and coral reefs, sea storms, and rogue waves – these are never just the usual causes of cruise ship accidents. Leading to much greater inconvenience and, sometimes, worse disasters are accidents resulting from the negligence of ship crew and personnel in maintaining the ship and their incompetence in reacting well during emergency situations.
Thus, concerning one particular ship, some travelers once asked just how many power failures, fires, or other untoward incidents a cruise ship averagely undergoes during its lifetime. This comment (or query) was made after the particular cruise ship in mind was stranded out at sea for five days due to fire (this actually turned what was supposed to be a grand, exotic and exciting adventure into a nightmarish experience to more than 4,000 passengers), had one towline snapping as it was being tugged to port, crashed into another boat and ended with a 20-foot gash on its side after getting unmoored while undergoing repairs, and had to be evacuated by repair workers after nearby fuel barges exploded.
While a cruise ship vacation can really be a perfectly exciting experience, the dangers passengers will face, in the event of an accident can also be truly fearful, especially considering the fact that once it sails, passengers will have limited space and corners to run to for safety. Thus, in the event of an accident, it is very important that the victim contacts a cruise ship accident lawyer immediately. This is because the preparations, the documents that need to be submitted and the procedures that need to be observed, regarding a legal act against a cruise ship, are so much complicated and can only be done at a specific court in a specific state.
For people suffering from a severely damaged hip joint the Rejuvenate Modular Hip Neck and Stem and the ABG II Modular Neck and Stem were considered as the best solutions that would enable them to be mobile and active again. These prosthetic implants were introduced by Stryker Corp. in 2008 and approved by the US Food and Drug Administration in 2009 to treat people with fractured hip.
Since the Rejuvenate Modular Neck Stem Hip served as a substantial equivalent of the already available Wright Medical Profemur Hip Implant Replacement, but which was then being linked to a number of complications, the FDA accepted it under its 510(k) process and, thus, approved it without the thorough pre-market testing and research requirement that mandated of new products.
The major difference (and advantage) these Stryker products had was their capability to minimize bone stress and provide greater stability which were made possible by the six stems and 16 necks (of the Rejuvenate hip) and the 10 modular necks, eight left stems and eight right stems of the ABG II system. Thus, compared to the one-piece neck and stem (known as the monoblock design) of other hip implant systems, the Rejuvenate and the ABG II gave surgeons much more flexibility in custom-fitting these prosthetic implants into patients.
Using its very own titanium alloy blend, which is a mixture of iron, zirconium, molybdenum and titanium, Stryker was able to claim and assure corrosion and fretting resistance (a case wherein metal particles would flake off and mix into the blood). However, these very claims were proven false as post-market data showed proofs of corrosion and fretting in patients in whom the devices have been implanted. Besides these, the release of toxic metals, loosening of the implant and other side effects (which require corrective surgery) were linked to the devices – the cause of a succession of lawsuits against Stryker Corp.
Before Stryker voluntarily recalled its Rejuvenate in July 2012 more than 20,000 patients all across the US had already received the implant. The two most dangerous side-effect of the device, which were the most common bases of the lawsuit also, were implant failure and the increased risk of metallosis, an unfavorable condition of tissues due to heavy metals inside the body (this is caused by metallic corrosion which, in turn, is due to the rubbing of metallic surfaces against each other).
Since 2012, hundreds of lawsuits have already been filed against Stryker. It is important that individuals who have been implanted with the Rejuvenate or the ABG II system contact a Stryker hip implant defect lawyer immediately as he/she can help in the process of assessing any possibility of a side-effect and, thus, help the individual file a lawsuit.
Consulting a personal injury lawyer is another wise option as he/she can help the individual harmed by the product to file a civil lawsuit that can lead to the receipt of compensation needed for the costly medical treatment and to cover all present and future damages resulting from the implant injury.
A healthy marriage is always beneficial to the mental and physical health of spouses and their children; it can always cushion any member of the family too from the negative effects social, educational and other types of problems.
So many marriages in the US, however, deviate from the healthy path and rather end up in divorce. A lot of studies, in fact, show that between 40 and 50 percent of couples divorce after just some years of living together; worse, the divorce rate for succeeding marriages is still higher.
Already a stressful and an emotionally-draining experience, the divorce process becomes even tougher when the issues that need to be settled, like child custody, division of property, assets and debts, will and testament, and others, become contested (this happens when each spouse fights for his/her own interests, never wanting to give in to the request/want of the other). Failing to reach any agreement (on their own) regarding the divorce-related issues, all decisions will have to be made by a family court judge based on factors and/or evidences that will help him/her arrive at justified and sound decisions.
It is in a contested divorce that each of the spouses will definitely need the assistance of an excellent family law attorney, like a divorce lawyer in The Woodlands, to be able to move the court to decide on his/her behalf (hopefully without resorting to character assassination, which will put down his/her ex-partner). And there are instances (to abide by the rule that some decisions, such as on child custody, child support and visitation rights, will have to be made in consideration of the child’s best interests) when one will need to expose the recent or current wrongdoings of another to make sure that the children (especially) will never be affected and made to suffer from these parentally-unfit behaviors.
These wrongdoings include past arrests and convictions, like child abuse, DUI or alcohol and/or drug abuse/dependence. More than anything, it is being charged with a drug crime that can make winning divorce-related issues very challenging, especially in states where fault grounds for divorce are still observed. And the more recent a criminal charge is (or if the act can be established to be a pattern), the more the judge will rule against the erring spouse.
If the drug charge was made many years ago, however, and if the spouse charged or convicted of the crime has undergone a complete rehabilitation program, rendering him or her cured from the abuse or addiction, then the court can overrule such past wrong act and even consider it inadmissible in a divorce trial. This is based on the (family law) context that the remoteness of an act cannot be admitted as evidence against a person, more so if such act is not part of a repeated pattern, is not is likely to be repeated and has been corrected through a treatment or rehabilitation program.
Another very important thing one ought to consider when charged of a drug crime is to contact a Cape Cod drug crimes lawyer immediately. Being a highly competent legal counsel, he/she has the capability to help save the person from the drug charge, as well as advice him/her on what actions to take to remedy any other legal issues that may arise from the charge.