Posted by Aubrey at Sep
Foreclosure has unfortunately become a current occurrence of late in the US, and in many cases there is nothing that the homeowner can do. However, it is possible to buy some time to put things to right if the lender fails to follow the strict guidelines for a foreclosure to be considered legitimate in the state of Texas. There are several ways in which a foreclosure can be considered wrongful.
Failing to send a notice of default
In Texas, this has to be given at least 20 days before foreclosure proceedings commence if the property is the principal residence of the debtor. It should state accurate information
Failing to send a notice of acceleration
An Intent to Accelerate is the demand for the entire balance of the debt to be paid immediate and must be posted at the courthouse of the county where the property is located, where the sale will be conducted on the first Tuesday of each month. It also needs to be accurate.
Accepting payments while the foreclosure is proceeding
When a lender agrees to accept payments on a property in default, there is an implied forbearance which means that the foreclosure process should be halted to enable the property owner to catch up on payments.
Enforcing a defective Deed of Trust
A home loan in Texas is covered by a document called a Deed of Trust. Dallas real estate litigation lawyers will be able to spot if there is some error or defect in the document that would constitute wrongful foreclosure.
The debtor is not in default
It has happened that the payments made by the property owner were credited to the wrong account, putting the owner in default. It is important that all receipts are kept to prove that payments have been made.
When the debtor can prove that a wrongful foreclosure has been carried out, the law allows a suit to be filed in county court that has jurisdiction over the property to halt foreclosure such as Dallas County. However, it is not an easy matter and should only be handled by a lawyer experienced in handling such cases in Dallas, TX, for example.
Category: Real Estate
Posted by Aubrey at Feb
Mee is the name given to a cluster of lunar craters. They have a diameter of over 100 kilometers and the deepest point is two kilometers beneath the moon’s surface. While it is possible for humans to visit the moon, no one has been in 40 years. The cost of sending a person to the moon is too high compared to the dangers, what it costs, and what there is to be gained scientifically from such an expedition. There is a lot more interest in sending missions to Mars, the next closest celestial body that is hospitable (as far as celestial bodies go).
Category: Space Travel
Posted by Aubrey at Sep
A study of older drivers conducted in Canada suggests that medications may be contributing to the higher risk of car accidents in that population.
McGill University in Montreal study made use of records of car accidents involving 225,000 drivers between the ages of 67 and 84 to determine the factors which contributes to the risk of car accidents. The data show that subjects who are on certain prescription medications make up 45% of injury car accidents. The medications are largely from the benzodiazepine group, drugs used to treat insomnia and anxiety, and which tend to remain in the body in excess of 24 hours.
Some of the more popular name brand medications which are considered long-lasting include Valium, Dalmane, Klonopin, Libratabs, Klonopin and Xanax. These medications tend to hamper reaction times and decision making skills, which increases the risks of getting into an accident while driving. Other shorter-acting medications have a similar impact but the effects do not last as long.
It is recommended that older drivers who may be on medication for anxiety or insomnia should consult their physicians for alternative drugs which are not benzodiazepines. The medication should not be discontinued without talking to the doctor, however, as this could have adverse effects.
Category: Car Accidents
Posted by Aubrey at Aug
The United States has put many laws in place in order to protect employees and their best interests. Laws such as the Fair Labor Standards Act and the Age Discrimination in Employment Act address issues from minimum wage to discrimination in the workplace. However, despite the action taken to prevent it, employees are still subjected to illegal and unfair practices on the job.
Many workers are well aware of the requirements of minimum wage and overtime pay. Workers who are not exempt are legally entitled to receive time-and-a-half pay when they work more than 40 hours a week. However, some employers try to bend or ignore overtime rules in order to change exemption status and withhold payment that is due to their employees. According to the Austin overtime and wage lawyers at Melton & Kumler, LLP, there are some wage violations that are harder to notice, such as not paying an hourly wage for a commission or tip-based employee, tip sharing, or forcing an employee to pay for company expenses. If these practices result in an employee’s payment falling below minimum wage, then an employer is legally required to compensate their workers. By making yourself aware of payment laws and overtime exemption rules, you can be sure that you are receiving the compensation that you’re entitled to.
Workplace discrimination because of age, race, gender, and disability has a significant effect on both the victim and the work environment. When an employee is subjected to discriminatory practices, they can suffer consequences such as being denied project participation, paid lower wages, or even be passed over for a promotion, according to the Austin discrimination lawyers at Melton & Kumler, LLP. Discrimination and ridicule lead to a hostile work environment, and employees have the right to take action against employers who engage in discriminatory behavior or look the other way when complaints are made.
If you believe you are a victim of discrimination in the workplace, make sure to contact a workplace discrimination lawyer today.
Posted by Aubrey at Aug
Motor vehicle accidents are a serious issue, and are responsible for more deaths in the United States than any other cause. Nearly 1.2 million people die every year on the world’s roads, and unfortunately, the greatest threat to drivers is often drivers themselves.
Many auto accidents are preventable because they occur as a result of another driver’s negligence. The best ways to reduce the number of collisions, deaths, and injuries are to pay attention to the road and know your car. By becoming aware of your surroundings and how to control your car, you can react more efficiently to the changing conditions of the road. Car accidents are often a result of:
- Driver error
- Reckless driving
- Drunk driving
- Mechanical or highways defects
According to the website of Kenosha car accident law firm Habush Habush & Rottier SC ®, highway accidents are more likely to occur during nighttime. This is because driving can be impaired by fatigue, limited visibility, and the blinding lights of oncoming traffic.
Motorcyclists are actually 35 times more likely to experience a fatal accident than those in passenger cars. However, the causes of motorcycle accidents are extremely similar to that of car accidents. According to the San Antonio motorcycle accident lawyers at the Chris Mayo Law Firm, the main causes of motorcycle accidents include:
- Poor vehicle stability or low visibility in bad weather conditions
- Drug or alcohol use
- Aggressive driving or disobeying traffic laws
- Defective motorcycle
- Road hazards
Due to the lack of safety feature in comparison to cars, motorcycles are more likely to be involved in deadly accidents. Motorcycles are also smaller and narrower than most other traffic, so they may be more difficult to spot on the road. Steps like wearing protective clothing, giving adequate distance between yourself and others, and being a defensive driver can help to prevent riders from being involved in a dangerous collision.
Posted by Aubrey at Aug
For business or individuals who have large amounts of debt, bankruptcy may be the most suitable option to get relief from debt. However, not all debts are dischargeable, so arm yourself with the facts in the event that you are considering bankruptcy.
Chapter 7 bankruptcy allows a debtor to gain relief from debt in a timely manner, discharge all or most of their debt, and stop creditor action. If a debt is dischargeable, it means that it can be dismissed through bankruptcy so that it no longer exists to the debtor. According to Chapter 7 attorney Ryan J. Ruehle Attorney at Law, LLC, these debts typically include:
- Credit card debt
- Medical bills
- Debts acquired through businesses
- Personal loans
Even though there are exceptions, the most common non-dischargeable debts include:
- Student loans
- Child support
- Debts from falsifying financial statements
- Court fines from criminal charges
- Income taxes
It may come as a surprise that medical malpractice judgments are dischargeable in the event that a physician files for bankruptcy. According to the website of Oklahoma medical malpractice attorneys at the Abel Law Firm, medical malpractice is committed whenever a medical worker does not meet the professional standards of their field. This could involve medication errors, misdiagnosis, and surgical errors. There were 12,142 medical malpractice payouts in 2012, but as long as the lawsuit does not involve an injury caused by a willful or malicious act, the payout is dischargeable. Medical malpractice is common, and it is easy for medical bills to pile up in the event of injury or illness, which is why it is important to seek legal counsel to find out if bankruptcy is right for you or if someone else may be at fault for your medical bills.
Posted by Aubrey at Aug
Any accident or danger that can happen on someone’s property would be covered under premises liability. When property managers fail to keep up with proper maintenance or do not warn of potential dangers, they put visitors and residents at risk of being injured.
The most common premises liability cases involve slip and fall accidents. According to a Louisville premises liability lawyer of the Sampson Law Firm, the most common causes of these accidents include:
- Poor lighting
- Leaving water or spills on the ground
- Failure to fix damaged floorboards
- Failure to repair or replace stair railings
Although slip and falls seem like they would be minor, they often lead to more serious injuries including broken bones, head and spinal injuries, and internal damage.
Premises liability involves many other cases such as dangerous exposure to mercury, lead paint, mold, and pesticides. Many people underestimate the dangers of swimming pools, but they are actually associated with serious accidents due to drowning, lack of supervision, and even diving board injuries. Other common premises liability cases involve fires, elevator or escalator injuries, and stair or porch collapse.
Injury because of someone else’s carelessness is legally referred to as negligence. If you have been injured due to a third party’s negligence, then there are certain things you have to prove in order to successfully file your claim. According to the San Antonio personal injury attorneys at the Chris Mayo Law Firm, you have to provide evidence that the defendant owed a responsibility to you, failed to meet that responsibility, and that your significant injuries were a direct result of that failed responsibility. Since some of these steps may be difficult to prove, it is important to contact an experienced attorney in order to protect your best interest and receive the compensation you deserve for your injuries.
Posted by Aubrey at Aug
Over two million auto accidents occur every year in the United States. Collisions can lead to extensive damage resulting in injuries, extensive medical bills, and lost wages. Unfortunately, some of these accidents are due to driver error, and are preventable.
All drivers on the road have a duty not to endanger other drivers with negligent behavior. However, commercial trucks are usually carrying a large load, and are much larger than other vehicles on the road, meaning they have an even greater responsibility not to make reckless driving decisions. Unfortunately, not all drivers uphold their duty, because driver error is the leading cause of truck accidents. According to the Texas truck driver negligence lawyers of Williams Kherkher, truck driver errors include:
- Driving with an overweight load
- Driving while fatigued
- Not properly securing load
- Aggressive driving
- Failure to properly use brakes or turn signals
- Driving during adverse conditions
- Driving under the influence of drugs or alcohol
Obviously driver error is not limited to truck drivers, the above actions are also causes of smaller vehicle collisions. Distracted driving, such as using a cell phone, is an extension of driver error and is one of the most common causes of car accidents. For example, 21% of drivers between the ages of 15-19 involved in fatal crashes were a result of cell phone use. Text messaging is especially dangerous since it requires manual, visual, and cognitive attention. Not using a cell phone would significantly lower your chances of being involved in an accident, but even choosing to use a hands-free Bluetooth device would allow you to focus more on the road and less on your cell phone. This, however, is not a foolproof method for eradicating your chances of making a mistake behind the wheel. Remember to exercise extreme caution while driving any type of motor vehicle.
Accidents involving driver error and distracted driving occur far too often. If you or someone you know has been injured in a car or truck accident due to driver error, it is important to seek legal counsel in order to put the process of securing compensation in motion.
Posted by Aubrey at Aug
Chicago is notorious because it was set as the scene for many a mafia story, but while the city remains a hub of international trade and industry, it is mostly legitimate nowadays. While mobsters are no longer commonplace in Chicago, car accidents unfortunately are.
In 2012, 956 people died in 886 fatal car crashes in the whole of Illinois. Of that number, there were 270 fatalities in 252 fatal car accidents in Cook County, of which Chicago is a part. In Chicago alone, there were 134 fatal car accidents. This means that last year, 2.6 people died every day in Illinois or 3 people every 4 days in Chicago alone. That does not include car accidents where there were no fatalities, so serious personal injuries are not even factored into the equation and it is grim enough.
And it seems that the trend is upward, albeit not dramatically, despite continuing efforts by the state government to improve road safety through driver awareness programs. Compared to the 1941 toll of 2,600, current statistics may seem an improvement, but any increase in car accidents from year to year is never a good thing, and never when it happens to you or someone close to you.
Car accidents often entail costs to the victims, including physical, financial and emotional. When car accidents happen because of negligence, it is the victim’s right to demand and receive compensation. According to the website of Jeff Sampson, tort law places the burden of proof on the plaintiff, and it is not always easy to know what you need to have to make your case. There is a lot that goes in to proving that an accident was unequivocally someone else’s fault, including detailed record keeping.
If you are considering filing a personal injury or wrongful death claim against a negligent driver, you need a lawyer with a deep understanding and knowledge of civil tort law in your area. Without such knowledge and experience, it will be very difficult to win your case.