Posted by Aubrey at May
The Benefits a Collaborative Divorce Provides
Collaborative divorce is one of the newest methods of alternative dispute resolution. In this divorce process, the spouses hire their own respective lawyers, the job of whom would be to assist their clients resolve conflicts through the use of cooperative techniques instead of adversarial strategies (which is how divorce and other related issues are settled in contested or court-settled divorce). The spouses may seek the help of a mediator and other neutral experts, like an accountant and a child custody expert who can assist them in the issues that need to be settled. At the outset of the process, the spouses and their lawyers make a commitment to achieve a negotiated outcome. If they fail to reach a settlement, however, each of the spouses’ lawyers will have to withdraw from the process – this is one of the conditions stipulated in the “Participation Agreement” the spouses and their lawyers entered into at the outset. The spouses then may hire new attorneys who will represent them in court for the adversarial contested divorce process.
As explained in the website of The Maynard Law Firm, PLLC, “A collaborative divorce can be the best route to take for former spouses whose points of view on issues pertaining to divorce—such as child custody, visitation rights, and asset division—are neither in complete accord nor high conflict. While the relationship of divorcing couples can be characterized by anything from utmost civility to adversarial strife, many couples fall in the middle of the spectrum. Some former couples simply need help and advice in coming to a decision that would benefit both parties. Rather than having decisions finalized by an objective third party, couples in a collaborative divorce can openly discuss and negotiate their issues with the assistance of two appointed attorneys. The process allows couples to reach stable end negotiations without having to take the case to trial.”
In a collaborative divorce process, a spouse meets with his/her collaborative divorce attorney while having regular meetings with his/her former spouse and his/her own attorney. The four of them work together to settle their divorce without resorting to litigation. Some of the benefits of a collaborative divorce include:
- Expediency of the divorce case;
- More control over the outcome;
- Less stress and anxiety; and,
- Lesser costs compared to the traditional divorce process.
When ending a marriage, it is important for a spouse to be able to express what he/she feels and know that he/she is heard in the midst of negotiations. Because this is what the collaborative divorce process actually does, a spouses, therefore, is more likely to feel that he/she is respected, thus, his/her dignity, intact.
Posted by Aubrey at Feb
A study by the Christopher and Dana Reeve Foundation reports that 5.6 million people, or roughly 1 in 50 Americans, are paralyzed to some degree. Sudden paraplegia resulting from a car accident can be shocking and creates the immediate need for specialized medical equipment and supplies. The spinal cord contains a large bundle of nerves that is part of the central nervous system and receives signals from the brain. These signals allow for sensations, such as heat and cold, and also controls movement. A serious injury to the spinal cord can sever the connection from the brain to the body, disrupting both movement and sensations in the lower half of the body. A range of medical supplies may be necessary to accommodate the loss of feeling and movement that a person experiences after a traumatic injury to the spinal cord.
A wheelchair is typically the first piece of equipment that someone will need when they are paralyzed after a car accident. There are two types of wheelchairs: manual and power. Manual wheelchairs are usually lightweight and easy to push, with a focus on being able to be used heavily on a daily basis. Power wheelchairs are generally not used by paraplegics unless they have some condition that would prevent the use of manual wheelchairs, such as advanced age or an arm injury. Bathroom aides are another important tool used by paraplegics. These can include wheel-in shower chairs, stationary shower chairs, bathtub lifts, and other tools to help paraplegics remain mobile in the bathroom. Another common tool is the grab bar, which assists in stability while transferring, both in the bathroom and throughout the house of a paraplegic.
Some homes must be refitted to accommodate a paraplegic occupant. A home elevator is necessary for homes with more than one floor and can come in many forms beyond that of a traditional elevator lift. Inclined platform lifts are often used in these situations to help a user up a set of stairs by raising and lowering a flat platform upon which a wheelchair can sit. Porch lifts are the outdoor version of inclined platform lifts and allow for the user to move easier out of doors.
Posted by Aubrey at Sep
Starting and managing a business is no joke. There are several legal issues that the owner needs to deal with to ensure the smooth operations of their company. Whether new or existing, these issues may have a huge impact on the overall conduct of business. Companies interact with the public, other companies, and government hence they must make sure that they run their business in a legal manner.
To ensure the legality of every business transaction, Austin business lawyers of Slater Pugh, Ltd. LLP will tell you that legal issues may arise within the conduct of business operations. Business law is necessary for the successful resolution of any legal issues. It is worth noting that companies and other business entities are subject to legal rules in the spirit of fairness. One company cannot take advantage of another because it violates the legal system.
It is important for every company to comply with business law because not doing so can subject them to legal ramifications such as litigations and others. Business law provides companies with preemptive measures to prevent themselves from getting involved in lawsuits. For this reason, the company needs to have a legal team who will look at ways on how they can avoid being dragged into court. The role of this legal team is to ensure that all disputes are resolved out of court. Legal proceedings can cause a company time and money and this is where a business lawyer can be truly helpful.
Business law is in place for the purpose of ensuring that although there is competition, such will be healthy and without exploitation of the other company. Overall, it will help the company save their money and use it for improving the other aspects of their business. No company would like to be dragged into a legal battle and this is where the importance of business law will come in.
Category: Business Law
Posted by Aubrey at May
Having bad credit can have a ripple effect in the financial aspect of an individual’s life. With a bad credit, one is not able to take out a loan, apply for a credit card, or anything that has to do with borrowing money. But a bad credit history does not have to exempt you from applying for a car insurance. People with bad credit always carry the stigma of being irresponsible and hence are more likely to be involved with driving incidents.
But while having a bad credit history can have a bearing on your ability to take a loan, such is not the case with getting car insurance. According to the website of Milwaukee, WI car accident attorneys, there might be more options available to you when it comes to car insurance regardless of your credit history. While you may be allowed to carry car insurance, your options may be limited. However, you can use this opportunity to improve your credit score and eventually have your insurer re-evaluate your insurance premium.
With a little bit of research, you may be able to find an insurance company that does not do credit checks. Watch out for the larger more established insurers because these companies will look for your credit history compared to the smaller ones. Your bad credit score will classify you as a high risk driver which means high interest rates.
When shopping for bad credit car insurance, look for companies that might be offering discounts to drivers. You might be qualified to avail of these packages so do look for them. Yes, you might have a bad credit standing but if you have a good driving record, an insurance company may consider that and offer you an affordable rate.
Another factor that may entitle you for affordable car insurance is your job history. If you have been employed in a job for a long time already and you are receiving a regular paycheck, it only means that you have the ability to regularly pay insurance premiums which can help reduce your overall risk of getting car insurance.
Moreover, the type of car you are driving can also have an impact on your insurance rate even if you have bad credit rating. If you are driving an older model of car, you can be charged with lower rates compared to one who drives a newer model car.
As you can see in the situations mentioned above, there are different ways you can qualify for car insurance even though you have a bad credit standing. In the car insurance industry, there is a level playing field regardless of whether you have good or bad credit.
Posted by Aubrey at Jan
The issue regarding emissions fraud continues to haunt giant German car manufacturer Volkswagen, which now faces the threat of a civil lawsuit due to its violation of the Clean Air Act, a federal environmental law which is enforced by the US Environmental Protection Agency (EPA).
Since 2009, Volkswagen has been able to sell close to 500,000 diesel cars which are claimed to provide better mileage and lower carbon dioxide emissions compared to cars that run on gasoline. But while it does emit less of this global-warming gas, environmental protection authorities discovered that far from what Volkswagen claimed, its diesel cars actually emits more particulate matter and nitrogen oxide (NOx) which are far more hazardous to people’s health.
Nitrogen oxide adds to the formation of ground level ozone, while particulate matter, which contains soot and metal, gives smog a murky color. If using diesel, however, can be more hazardous than using gasoline, how was it that Volkswagen got to enter the US market and sell about half a million of its cars that run on diesel, considering the strict enforcement of the 1955 Air Pollution Control Act, the 1963 Clean Air Act, and the 1967 Air Quality Act? Believe it or not, but it is by cheating emissions tests conducted in the US.
It appears that various VW cars have been equipped with a “defeat device,” a type of computer software that allows a car to detect if it were being tested, changing its performance accordingly for favorable results. This means that, while under controlled laboratory settings, the device puts the vehicle into some sort of safety mode, making its engine function below its normal power and performance; it switches out of test mode though once it is back on the road, where it emits pollutants that are up to 40 times higher than the limit determined under the Clean Air Act.
A Volkswagen emissions fraud lawsuit has been filed by the US Justice Department on behalf of the EPA, a civil case that could result to VW facing up to $90 billion in fines. Besides the immensely huge fine, the EPA has also ordered a massive recall of Volkswagen, Audi, Porsche and many other models of diesel cars equipped with the defeat device. Thus far, the number of cars to be recalled in the US is estimated at 482,000; worldwide, the number is said to go beyond 10 million.
Posted by Aubrey at Sep
The Bard G2 IVC Filter was put on the market as a substitute for those who could not take blood thinners to prevent pulmonary embolism. The device was surgically implanted into the patient’s interior vena cava, according to the website of Habush, Habush, & Rottier S.C., and prevented the migration of blood clots to the lungs. The device was meant to be temporary and be removed as soon as the threat of blood clots subsided. When the device was left in patient’s body for too long, the effects could be devastating.
The device’s cage-like legs began fracturing into other areas of the patient’s body. When filter parts began breaking off, they could travel to a patient’s heart causing heart attack or to the brain, leading to stroke. The device shards could also become lodged in the lungs, leading to difficulty breathing and potentially deadly lung complications. When the device legs or other parts of the filter break off, the metal pieces can travel through the bloodstream, puncturing other major organs and then becoming lodged in them. The migration of parts of the device to other areas of the body can cause fatal problems in individuals. Shockingly, these were just a few of the risks associated with the device, after a total of 921 adverse effects of the filter were reported to the FDA.
Unfortunately, these warnings came too late for some individuals as 27 deaths have been linked to the Bard G2 IVC Filter. Despite these dangers, many patients were still implanted with this device and are dealing with the devastating effects. The Bard G2 IVC Filter, which many believed would help them ended up hurting individuals in imaginable ways. Numerous lawsuits have been filed against C.R. Bard, the company behind the device, but individuals are still faced with the costs of the filter.
Posted by Aubrey at May
The US Federal Trade Commission (FTC) was created in 1914 for the main purpose of preventing any type of business practices that are deceptive, anti-competitive or unfair to America’s consumers and to improve consumers’ understanding of the competitive process and choice of products through correct information; FTC, of course, will have to accomplish these tasks without causing undue burden to legitimate business activities.
The FTC accomplishes such challenging tasks through its Bureau of Consumer Protection, which “stops unfair, deceptive and fraudulent business practices by collecting complaints and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights and responsibilities.”
In 1972, another independent agency was created, this time for the purpose of regulating the manufacture and sale of consumer products, such as cribs, toys, appliances, fireworks and lawn mowers: the Consumer Product Safety Commission (CPSC). CPSC’s jurisdiction, however, includes only those products that are not identified (by law) as falling under other government agency’s scope, like: drugs, cosmetics, medical devices and food, all of which fall under the Food and Drug Administration’s jurisdiction; automobiles, which is under the National Highway Traffic Safety Administration; aircraft, which is managed by the Federal Aviation Administration; alcohol, tobacco & tobacco products, which are under the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau; firearms and ammunition, which is under the Bureau of Alcohol, Tobacco, and Firearms; and so forth.
With regard to products that are under its control, CPSC: bans whatever causes, or have the potential to cause, danger; establishes safety requirements; issues recalls on those already on the market; and, researches about their possible hazards. And, with the millions of foreign and national products entering the US market, plus the thousands more of new consumer goods being introduced every year, CPSC is certainly one very busy independent government agency.
In October of 2014 CPSC announced the forthcoming recall of 55,000 USB charging cables by Tectron International due to reports that the product has the tendency to overheat and melt; on January 15, 2015, the Commission confirmed Ikea’s recall of 169,000 crib mattresses after two children were reported to have been trapped in the company’s crib models; and, months before December 2014, in preparation for the holidays, screened, to check for hazards, thousands of imported toys and products. There are times, however, when CPSC is not able to seize all defective or counterfeit goods that enter the US due to lack in budget and staff, thus, it advises consumers to buy what they want and need, as much as possible, only from established retailers.
Products under the CPSC’s jurisdiction are not the only ones that have been recalled, by the way. Millions of cars and car parts, prescription drugs, and many other products have also been recalled (in the past) either voluntarily by their respective manufacturers or by the agency which oversee these.
Often, defective products would already have caused harm before complaints are made about these, obviously since consumers are never aware of their defects as anyone would naturally believe that all products made available on the market are safe. Thus, for many consumers, filing a product liability lawsuit becomes the only means in seeking justice and compensation for all the damages they have been made to suffer.
Filing a liability lawsuit can be complicated, though, due to the various documents that need to be prepared and the limited time, or statutory limit, that need to be observed. In Louisville, seeking legal assistance from a personal injury lawyer could be a big help to someone who may have been harmed by any type of product, including household items, vehicle, food, medicine, etc.
Posted by Aubrey at Mar
Austin, Texas is no stranger to adventures, to making the most out of time. Even dating back to the 19th century, this city has been known to inspire creativity and camaraderie like no other. If a civil war and an economic depression can’t topple this kingdom’s spirit down – then nothing can and will. This indomitable and amazing spirit inspires many activities and festivals to grace this capital of Central Texas all year long, every single year.
A testimony to that feat is the fact that this capital has been chosen to be the new home for not only the Formula One, United States Grand Prix, from 2012 until 2021; but its world renowned motor racing circuit – the Circuit of the Americas, located in an area just outside Austin’s city limits and is known for being the premiere location for motorsports entertainment in the United States – has played the host for the MotoGP World Championships since 2013.
The town is bustling with service and excitement, especially come the 10th until the 12th of April this year, for the MotoGP that is mere weeks away. Local businesses thrive on such circumstances and many avail of such services – who wouldn’t want to book a Moto GP limousine service for a more luxurious, safer, and all around better experience during their stay within the city during the festivities? – as a reward or a treat so that they can make the most of the activities while it lasts.
Austinites, otherwise known as locals of this hip and happening town, have kept this capital’s motto of “Keep Austin Weird” and it has only done wonders for the kind of cultural development it inspires in various fields. You will never run out of things to do or get excited by – there is always something to see in Austin, Texas and with the MotoGP World Championships just weeks away, there is no better time than the present to go and see what all the fuss is about!
Posted by Aubrey at Jan
Long has the saying been known and many parents will echo the statement: “No father should ever bury his son.”
Gender aside, the quote rather speaks for itself. It is one of the most terrible things – for a child to lose his or her life. They have so much more potential and they have barely had a life to live in the first place. It is why acts, either willful or accident, that cause the wrongful death of a child are appalling and need to be addressed as such by the fullest extent of the law. According to the website of Ausband & Dumont Law, some acts that are brought by negligence – or the failure to exercise expected care – can result into fatal accidents that then bring about instances of wrongful death.
The law varies from state to state for any kind of legal claim and the rights of children are often different from adults, depending on their age. For example, any Atlanta child injury lawyer can tell you that any child in the state of Georgia aged 5-13 can be changed with contributory or comparative negligence. This is to say that they can be held liable for some of their actions and thoughts. That is not to say, however, that these children are wholly responsible for their own demise.
It is little complexities like that that further complicate what is already a horrible, traumatizing experience. Legal action against child injury is also set upon a limited time table and so the open window available to the grieving parents or guardians is quite limited. There is nothing in the world that could ever replace the life and companionship of a child but those guilty of the heinous act must be held responsible and pay recompense, in order for the now bereaved to have, at least, some measure of comfort.
In the event of a wrongful death claim, both of the child’s parents are to be given compensation for the loss of the child’s life, though this matter can get complicated if the parents are divorced. If you or your loved one is currently having to go through this difficult time, it is advisable that they acquire legal assistance immediately.
Posted by Aubrey at Sep
The National Highway Traffic Safety Association (NHTSA) estimates that nearly 280,000 rollover accidents occur annually. Of the reported number of annual rollover accidents, nearly 10,000 are fatal. Since these accidents are so common and dangerous, it’s important for drivers to protect themselves against factors that could cause a rollover. Due to their structure, Sports Utility Vehicles (SUVs) are much more likely to be involved in rollover accidents. SUV’s have a higher center of gravity than other standard-sized cars. Because of this, they are more prone to tip if the driver takes a sharp turn or encounters harsh winds.
The width between the left and right tire wells also makes a difference in the vehicles ability to avoid rolling. Cars with greater width between the left and right tires are more stable. Rollover accidents pose an extremely great threat to passengers and drivers because of the trauma to the spinal column and neck that they often cause. In order to avoid rollovers drivers of at-risk vehicles should be mindful of slowing down while turning as well as practicing extra caution when roadways are wet or icy. People that survive rollover accidents often have broken bones, spinal disc fracturing, and sometimes paralysis.
According to the website of the attorneys at Pohl & Berk, LLP, people injured as a result of rollover accidents can sometimes hold the vehicle manufacturer legally responsible for the accident. It could be argued that the design is faulty and puts consumers at risk if the car has short wheelbases relative to its height, uneven weight distribution, or a lack of vehicle stabilizers. However, sometimes tire blowouts (not design) cause rollovers, wherein the manufacturer of the faulty tire can be sued to cover the damages.
If you or a loved one has been injured in a rollover accident, contact a personal injury lawyer today. An experienced attorney will be able to help you through this difficult time, giving you the best legal representation possible.