Monday, May 31, 2010

How to Get Back Together With Your Ex-Wife

Divorce has become commonplace and considered to be normal, even expected, in the United States. The reasons for break-ups are varied and numerous. Perhaps your wife has left, and you're wondering where you went wrong, but beating up on yourself will not improve the situation.

No matter who is more at fault, you may find yourself sleepless, angry, and sorrowful. Many emotions hit you all at once, and the grief can leave you emotionally drained and incapable to think about what the future might hold. Whether you wife left you for someone else, or emotionally they checked out, it can be possible to get your ex wife back. Throughout marriages, there are ups and downs, but most women will stand by their man through thick and thin. So, why do women leave their husbands?

When women exit a relationship, it's not, usually, because they don't love you anymore. Women leave because they feel emotionally abandoned long before the suitcases and boxes arrived on the scene. A woman's need to know they are loved and appreciated never subsides. And, how you display your appreciation and affection is important.

A woman needs to internalize that you contribute and put effort into making the relationship work. This can be as simple as keeping the communication lines open, giving little gifts or cards for no reason, or calling just to say "I love you." Think about it, most likely your wife has given you cards, or called to tell you she loves you, or surprises you with a special treat that you like. If you've gotten 'used' to these little tokens from your wife, and mostly took them for granted, it's time you woke up and started giving back.

Another reason your wife left might be because you didn't stimulate her mind, body or soul. Was is more normal to lock yourself in your 'man cave,' while your wife was left to find her own entertainment? Were you abrupt, gruff, or unkind when dealing with conflicts? Did you approach her in argumentative or accusing manners more often than not? When was the last time you smiled, winked, or flirted with her? If the marriage became stale and boring, this could be a reason she decided to pack up and leave.

Doubtfully it was always like this. What kind of people were you as a couple when you first got married? Things change, of course, but how did or what caused things to change for the worse? Two people must be allowed to grow and change within a marriage. Couples need to have compassion and understanding. Without nourishment, love and relationships will die.

If you love your ex wife, and truly believe things can be rectified, then it is not too late. Your wife once fell madly in love with you, and it can be possible to get her love and intensity back again. If your feelings are genuine, don't let her get away.

If you're committed and want to rebuild the relationship, it will take work and dedication. The break-up did not happen over night, and it's unlikely that it can be put back together over night. So, if you're committed and serious about reuniting with your ex wife, time may be of the essence. Because, it's more than likely, if you don't take the first step to retrieve her, someone else will be more than happy to pick up where you left off.

Sunday, May 30, 2010

SR22 Phrase

SR22 is a very general keyword that can mean predominately 1 out of 2 possible things. First it's a type of high risk auto insurance named after the specific form required by the state DMV when this type of policy is initiated, form SR22. An SR22 insurance policy is a type of high risk auto insurance policy that is required for those after a drunk driving conviction in order to reinstate their driving privileges and begin driving again.

When searching on internet search engines as stated above there are basically 2 meanings for the term SR22 when typed into the search engine. The first is the SR22 insurance policy and the second (and less popular meaning) is a type of airplane. The SR22 is a model of the airplane manufacturer Cirrus. The Cirrus SR22 is a lightweight small airplane that is flown by private pilots normally out of smaller regional airports.

If you're looking for more information on SR22 insurance policies you'd be better off including the term 'insurance' after the SR22 keyword when typing it into an internet search engine like Google. Likewise goes for the airplane keywords if that's what you're looking for.

In addition the keyword SR22 is often spelled with a hyphen like this, SR-22. In some search engines this actually changes the displayed results that are shown to you after the search but again you should include either insurance or airplane after the keyword SR22 so that you get the correct listings for what you are looking for.

Saturday, May 29, 2010

Landlord-Tenant Relations in Pittsburgh, PA

Many Pittsburgh landlords are frustrated by the current state of landlord-tenant law, as many rights under current law are ceded to the tenant. Landlord frustration is especially evident in the city proper; Pittsburgh neighborhoods like Oakland and Bloomfield are filled with college students who can be noisy, negligent of property, or late with rent. However, a landlord has certain rights to his or her rental properties, and can require of tenants certain actions and behaviors that are perfectly legal. The following article will explore
some landlord rights in the tenant relations and property management arenas.

Rights of landlords renting Pittsburgh, PA properties

One of the most important rights a landlord has is the right to evict tenants. There are three conditions under which the landlord is legally able to evict tenants from a rental property:


The tenant has not paid rent owed in full.

The tenant's lease term is up, and the landlord wishes to put the property up for rent or sale.

The tenant violated a section of the rental agreement (or lease).

Though there are fewer concrete rules outlining how an eviction notice should be delivered, it helps the landlord's case immensely if he or she follows common sense.

First, the landlord should not deliver an eviction notice by mail. Just as a citizen can ignore a jury duty summons by saying he or she never received it, a tenant facing imminent eviction can simply deny that he or she ever received an eviction notice. The landlord has every right to state in the lease the maximum length of time permissible between eviction notice and removal of tenants. Many landlords opt not to do this, however - in which case, they are advised to refer to the Landlord-Tenant Law of 1951. It is the only rubric available for tenant eviction in Pennsylvania.

The landlord can lawfully evict the tenant with 30 days notice for leases less than 365 days (1 year) in length. 90 days notice is required for leases one year or longer. Some landlords do not use written leases with tenants. Legally, this is an inadvisable move; the landlord does not want to inadvertently cede rights to the tenant. However, if the landlord does not use written leases, 30 days' notice for eviction is standard.

If tenant eviction proceedings are pending, the landlord's best bet is to keep written documentation of all communications, payments, and incidents with tenants. The landlord must be prepared to demonstrate when a tenant stopped paying rent, how much rent the tenant owes, and/or how the tenant violated terms of the lease. If the tenant brings suit against the landlord for eviction-related grievances, this documentation is invaluable. In order to keep the law on his or her side, a landlord must not take rash actions against a tenant facing eviction. The landlord should not use police to forcibly evict the tenant before the eviction notice term is up, nor should he or she resort to "dirty fighting tactics," such as locking the tenant out or cutting off all utilities services to the rental home or unit.

The following form can be used if the landlord wishes to bypass eviction notice requirements and bring the eviction to magistrate court:

NOTICE TO LEAVE THE LEASED PROPERTY (NOTICE TO QUIT)

Tenant agrees to give up certain legal rights as provided by the LANDLORD and TENANT ACT OF 1951. No notice will be required to be given by Landlord and Tenant to leave and give up the leased property.

Tenant will be asked to leave the leased property without notice under any of the following conditions.


Tenant does not leave the property at the end of the lease term.

Tenant breaks any of the terms and conditions of the lease.

Tenant fails, upon demand, to make all rent and other payments when due.

__________________ Tenant's Initials

Other Pittsburgh, PA landlord rights

The landlord has the right to charge the tenant late fees for rent past due. It is recommended that the landlord disclose the past-due penalty sum in the lease before the tenant signs it. The landlord also has the right to request a security deposit of an amount up to and including two months' rent. The landlord is prohibited by Pennsylvania state law from charging higher amounts; however, it is also the landlord's legal right to charge a once-yearly security deposit, so long as each deposit owed after the first year of rental does not exceed one month's rent.

It is advisable that a landlord return the security deposit to a tenant or tenants once the rental lease is up. However, a landlord can refuse to refund a tenant part or all of the security deposit if the tenant has caused damages to the unit that are not the result of natural aging or wear. To avoid legal disputes, the landlord should meticulously document the condition of the apartment before the tenant moves in and after he or she leaves, including photographing unit interiors and exteriors. Landlords are required by law to provide a list enumerating tenant-caused damages 30 days or less after tenants vacate rental units.

Many legal hassles with tenants can be avoided by carefully pre-screening all would-be renters. Though a landlord is prohibited by law from turning away tenants on the basis of gender, race, creed, or other personal characteristics, landlords can turn down tenant applications if tenants have poor credit, smoke, or own pets - all of these tenant characteristics can interfere with the rental process. A landlord has the legal right to run a credit and background check on the tenant. To avoid issues with late or non-existent rent
payments, the landlord should contact a potential tenant's current employer(s), and request pay stubs from any prospective tenants as proof of ability to pay rent. Finally, because people are often prone to repeating the same behavior time and again, references from former landlords are crucial to avoid potential tenant problems.

Friday, May 28, 2010

Car Accident Settlement Rights - Can I Get Auto Accident Compensation Money From a Drowsy Driver?

Do you know your car accident settlement rights? In this article we are going to answer the question "Can I get auto accident compensation money from a drowsy driver?"

It's late at night, you are coming home from your normal shift at work. You're just about there, just a couple more turns and you will be able to fall into bed! Suddenly the car driving head on towards you in the other lane swerves over before you can even notice. You are ran off the road and you crash into a tree. Needless to say that you are a bit shaken up and you may start to wonder about your car accident settlement rights. Let's go on to answer the question "Can I get auto accident compensation money from a drowsy driver?"

Call The Police

The first thing that you should do is get your phone out and call the police. Tell them who you are and what the situation is. If you have any injuries make sure to tell them so the ambulance driver and paramedics can be ready to assist you and give you proper treatment.

Check On The Other Driver

You should go over to the other driver to check on them and make sure they are not seriously injured. Even though they were at fault you should not be mad at them, at least not until they are safe and sound.

Talk To The Officer On Site

Once a police officer gets there you should talk to him or her and tell them what happened. They should be able to see if the driver was sleep deprived and they will put that in their police report.

Conclusion

Even if the other driver was not drowsy you should be able to get compensated because they came over into their lane but if the driver was drowsy you will find that it is a big no no against them.

Thursday, May 27, 2010

It Was Your Fault, Not Mine - The Comparative Negligence Defense

The primary defense in a Personal Injury Negligence case, like a car accident or slip and fall case, is that the injured person contributed to causing the accident. In Pennsylvania, this is called the Comparative Negligence Defense. The defense, if proven in Court, can reduce the compensation owed to a victim of an accident or completely eliminate the victim's ability to recover.

The History of Contributory Negligence in Pennsylvania
Before 1976, Negligence Law in Pennsylvania recognized the defense of Contributory Negligence. Under a Contributory Negligence defense, if a defendant could prove that the injured party was negligent and was in any way responsible for causing the accident, he would not be able to recover any compensation in Court.

Many states, including Pennsylvania, felt that Contributory Negligence was much too harsh a rule because, if the injured party was determined to be negligent but the defendant was much more responsible for the accident, the injured party would still be barred from recovery. In the harshest case, even if the injured party was 1% responsible and the defendant 99% responsible, the injured party would still be unable to recover compensation for his injuries in Court.

The Comparative Negligence Rule
In 1976, the Pennsylvania legislature adopted a Comparative Negligence Statute for negligence cases involving death, personal injuries or property damage. The Comparative Negligence Statute applies to all Personal Injury cases in which negligence is claimed, including car, truck and motorcycle accidents and slip and fall cases.

Pennsylvania's Comparative Negligence Statute states that the fact that an injured party may have been negligent shall not bar recovery where the negligence was not greater than the negligence of the defendant, but any damages sustained shall be diminished in proportion to the amount of negligence attributable to the injured party.

There are two parts to the Comparative Negligence rule. First, there is a greater than 50% rule. If the injured party is greater than 50% responsible, he cannot recover. If he is 50% responsible or less, he can recover. Second, the injured party's damages must be reduced by the percentage of his responsibility for the accident.

At the end of a personal injury trial, the judge will instruct the jury that they must decide whether the defendant was negligent and whether the injured party was also negligent. If the jury determines that both were at fault for the accident, the judge will instruct them to assign fault in percentages; that is, 50% injured party/50% defendant, 60/40, 80/20, 25/75, etc. Then, the jury is instructed to award damages for the injured party's losses.

After the verdict is rendered, the injured party cannot recover damages if the jury found his fault 51% or higher. If the jury determined that it was 50% or lower, the injured party can recover, but the damages which the jury calculated will be reduced by his percentage of fault. For example, if the jury finds the negligence 20% to the injured party and 80% to the defendant and calculates the damages as $100,000, the injured party's verdict gets reduced by 20% to account for his 20% fault and he actually receives $80,000.

Comparative Negligence is the most common defense in Personal Injury cases. Pennsylvania's system of Comparative Negligence allows an injured party to recover so long as he is not more than 50% responsible for the accident, but reduces his recoverable damages by his percentage of fault. The system attempts to be fair to both the injured party and the defendant by holding both of them responsible for their role in causing the accident.

Wednesday, May 26, 2010

How to Get a Pennsylvania Juvenile Criminal Record Expunged or Erased

Having a criminal record can seriously mess up your life. It can keep you from being employed, from getting into the college of your choice, from entering into the Armed Forces or from working in certain professions such as teacher, childcare worker or lawyer. To the extent that you have a record and it can be done, it is advisable to have it expunged as soon as possible.

Juvenile criminal records are not automatically expunged once the offender is no longer subject to the Juvenile Court's jurisdiction. To get the records expunged, the offender files a Petition for Expungement with the Juvenile Court in the county in which the offense was committed. A hearing is then scheduled before a judge to determine it the request for expungement should be granted. The court will order the records expunged if:

1.The original charges were dismissed or not proven true.

2. Six months have passed since the successful completion of a consent decree (a pretrial program where the case will be dropped if the offender successfully completes terms and conditions as set by a judge or juvenile master).

3. Five years have elapsed since the offender was released from the jurisdiction of Juvenile Court and no other charges have been filed against him.

In addition, the petition may be granted under circumstances where less than five years have elapsed. The court can order records to be expunged when the offender is over 18 and the district attorney consents to the expungement. Before ordering the expungement, the judge must weigh factors such as the gravity of the offense, the age of the offender, any further criminal history, adult and juvenile, the adverse consequences to the juvenile if expungement is not granted and the public's interest in having the records maintained.

Tuesday, May 25, 2010

Threatened With Wage Garnishment?

So you have defaulted on a credit account. The debt collector calls and demands immediate payment of the debt. The debt collector then makes the following threat: "If you do not pay this debt by Monday at noon, we will garnish your wages, starting with your next paycheck".

Can they do that? Absolutely not. Not it any state in the country. In fact, they likely have just violated a federal debt collection law in making that type of threat. (The Fair Debt Collection Practices Act covers issues regarding debt collectors) I am going to ask you to think again about the stated threat. "We are going to garnish your wages if you do not pay us". Wouldn't you agree that if they actually had the ability to garnish your wages, they would just do so. A wage garnishment would guarantee payment to them, so why would they bother to call you or make other attempts to collect? The fact is that they wouldn't, because it would be too easy to just garnish your wages.

There is a legal term called "due process" which, in a nutshell, means that everyone is entitled to the protections of the law and to have their day in court, everyone is entitled to fairness. Now ask yourself if it would be fair if the debt collector could garnish your wages without having a legal proceeding or hearing to determine if you actually owed the money? Of course it wouldn't, so that is why garnishment without a hearing or legal proceeding does not occur.

In Pennsylvania, where I practice law, wage garnishment is never a possibility for collection of a credit card debt, whether there has been a legal proceeding or not. If a wage garnishment threat is made here in PA, it is an absolute violation of the Fair Debt Collection Practices Act, and the debtor (you, or the person who allegedly owes the money) could now bring a lawsuit against the debt collector wherein he could be entitled to monetary damages and recovery of reasonable attorney fees.

If you are threatened with Wage Garnishment, ask for the person's name, phone number, the name of the business that they are working for and then contact a consumer attorney in your area.

Monday, May 24, 2010

Pennsylvania Car Insurance The Affordable Way

Pennsylvania car insurance has been expensive for drivers in the Keystone State. What can you do to make it more affordable?

Do some shopping around and ask what the differences are between different deductibles. The deductible is the amount you pay before your insurance coverage kicks in. There can be quite a bit of difference in your premium between a low and a high deductible.

Also, ask about any discounts you can get. You can often save up to five percent by insuring your home with the same company, installing anti-theft devices, and more. Do you have a teenage driver? Make sure they get good grades and you could qualify for a good student discount.

While shopping for car insurance, get at least three or more quotes from different agents or auto insurance companies. This could actually save you hundreds of dollars a year because rates can vary so much from one company to another. Simply call a few local insurance agents, or go online and request quotes from the convenience of your computer. Just make sure to provide the same information about coverages and deductibles so you can accurately compare the insurance costs for each company.

The Pennsylvania Insurance Department's Web site publishes the rates of some of the top car insurance companies in the state. This could be a good place to narrow down the companies you want quotes from. However, an independent agent, or a comparison quoting Web site can also do the shopping around for you.

You'll need to get the minimum coverages required by Pennsylvania state law: $5,000 for Medical Benefits; $15,000 per person, $30,000 per accident for Bodily Injury; and $5,000 per accident for Property Damage. You can get higher coverages (and you may want to) but it will add to your premium.

Try to cut the miles you drive each week or year. This could lower your rate. And think about whether you need comprehensive coverage or towing and rental car reimbursement coverages. These all add up.

Sunday, May 23, 2010

On This Day - November 19th - Abraham Lincoln Gives the Gettysburg Address

On this day in 1863, Abraham Lincoln delivered the famous Gettysburg Address at a cemetery in the city of Gettysburg, Pennsylvania. The address occurred during the American Civil War which was fought between the Confederacy and the Union of America. Abraham Lincoln gave the famous speech in order to reinforce why the Union had to keep fighting against the against the Confederacy. Abraham Lincoln gave the speech in the city of Gettysburg because a few months earlier, one of the largest and one of the deadliest Civil War battles had occurred there.

The battle at Gettysburg lasted for three days and over 45,000 soldiers were killed or injured during the deadly battle. The Union beat woe Confederacy in the Gettysburg battle and severely weakened General Robert E. Lee's power. Pennsylvania's governor appointed an attorney named David Wills to buy several acres of pasture in order to create a cemetery for Union soldiers that had died during the Battle of Gettysburg .

Abraham Lincoln was asked to say a few words at the ceremony the for the cemetery and his Gettysburg Address would become a famous speech in American history . Abraham Lincoln's speech that day was short and powerful at the same time. Many people did not know how to take the speech after Abraham Lincoln gave it on this day. Many people felt the speech was too short and others just didn't like Abraham Lincoln. However, many historians argue that the Gettysburg Address did help the Union ultimately win the Civil War. The speech would be historically important after the Civil War came to an end.

Click Here To See A Picture Of Abraham Lincoln.

Saturday, May 22, 2010

Personal Auto Insurance

Personal auto insurance is a type of coverage purchased for your personal vehicle or automobile. Its primary function is to provide the user certain immunity against vehicle accidents and any liability acquired as a result of such accidents. Personal car insurance is compulsory in many countries before using or keeping a vehicle. Apart from your vehicle license, your vehicle insurance is the most important piece of documentation you must have in order to drive a vehicle. Vehicle insurance is a general term employed for coverage purchased for all types of vehicles, be it cars, trucks, company vans, and any other vehicle that moves along the road.

There are different types of auto insurance policies based on the jurisdiction that covers such a vehicle. Personal car insurance policies vary and different types of insurance cover apply based on your preferences and how much you are willing to part with for your vehicle's coverage. Government polices also govern the format that an auto insurance policy is supposed to follow in a state and pass this on to the different car insurance companies in that state to apply as appropriate. For instance, in most states in the United States, auto insurance covering liabilities for injuries and property damages on others is compulsory, but enforced in different ways depending on the jurisdiction.

Personal auto insurance in most cases covers both the car and the owner of the car. Some policies also include friends and family who might drive your car. These policies will cover all liabilities in the event that your friend or family member does have an accident while driving your car. But it is assumed that such a person has the explicit permission to drive that car at all times.

Personal car coverage policies can be obtained at certain insurance companies in your jurisdiction. You should check your local listings or online for insurance companies near you.

Friday, May 21, 2010

Cheap Car Insurance For Teenage Drivers

Getting cheap car insurance for a teenager is probably one of the few factors which discourages an adult from reverting back to his teenage years and relive the golden moments yet again. This is because all aspects of a teenager's life are perfect and enjoyable and especially thrilling when it comes to zooming around in a beautiful car with a gang of friends. Unfortunately, this is the main reason which dissuades the insurance companies from doling out cheap can insurance in case of teenage drivers as from an insurance company's perspective it would probably be the riskiest and the most unpredictable investment.

Although the task undoubtedly seems insurmountable, it is not altogether impossible to acquire cheap car insurance for a teenage driver. In this regard, some insurance companies have laid down certain basic requisites, the fulfillment of which would be sufficient to convince the company to issue a policy for such a candidate.

According to these basic qualifications, the applicant should be a good student and his academic grades should be above average as this would be a reflection of his responsible nature. Another manner in which the insurance company can be convinced of the applicant being a safe driver would be to show proof of having undergone advanced driving classes so that the provider is at least assured of the applicant's driving skills.

The model, make as well as the safety record of the car also play an instrumental role while asking for a lower premium as fast cars which enable the driver to zoom around are considered less safe while being driven by teenagers as compared to older cars with a clean track record. Therefore, in order to acquire a cheap car insurance policy for a teenager, one should seriously consider an older car which is replete with all types of safety features.

Thursday, May 20, 2010

Auto Insurance Recommendations For Snowbirds

Many people head for the sunshine states at the first sign of cold weather. Several will hop on an airplane and won't be seen again until the flowers begin to bloom. These people leave behind homes and also vehicles.

Car insurance is being paid on a car that isn't being used. It is true, much of what is paid into insurance is there to protect you in the event of an accident. Nevertheless, some of it is also present in the event that damage is brought to your car.

A number of things must be measured in an auto insurance policy. These include collision; liability, uninsured/underinsured motorist coverage, and comprehensive coverage. Excluding comprehensive coverage, the bulk of the policy is there in case of a wreck.

Comprehensive shields your motor vehicle from vandalism, flooding, fire, and theft. These things can happen even if the car is parked away in a garage while you are gone for the winter months.

It is a good idea to speak with the representatives from your insurance company and ask them a few questions. It may be possible for you to simply suspend a portion of your policy while you are away. Simply not paying anymore should not be considered.

Many states will not permit this type of action. By law, there is a legal minimum for drivers in regards to their car insurance. Therefore suspending it would almost be like cancelling it in some areas.

Once it was time to reinstate your insurance you would have many headaches involved. There are a number of agencies that will not permit this.

Full coverage insurance is necessary for cars where there is an outstanding loan. This means that you would also have to contact those that you carry your loan through. See what provisions, if any, can be made.

Even if you are rejected, follow through with your payments anyways. This will cause even bigger concerns afterward. Any period without coverage makes it tough to get it back again. Your credit report will reflect this decision. Plus, you probably won't have the equivalent payments that you had up to that time.

Wednesday, May 19, 2010

Car Insurance Dispute? Discover Your Options

This article will provide you with some advice on what you can do if you're having a hard time with your car insurance company. Don't just sit back and suffer from their ignoring,stalling and disputing, there are things you can do to settle your dispute.

To begin with give your car insurance companies claims department a call. Remember, you're the customer and your car insurance rates pay their salary. If the person you're speaking to doesn't seem to care about your situation, (always record the name of the person you spoke to and the date you called) then find and speak to their superior.

Have all the documents ready that prove your point and explain why you're not satisfied. Send it to the person you speak to marked PERSONAL AND CONFIDENTIAL or e-mail it to them if they give you their direct e-mail address.

If you're still not getting anywhere with your car insurance company, find out if your car insurance company has a complaints department. Follow the above steps again with the complaints department. Explain your situation to someone and if they don't take any action follow up with a phone call to their superior and a letter or e-mail with supporting documents. Don't forget to include a list of who you spoke to on each date and the result of the phone call.

If you still haven't resolved your problem, contact your local insurance department. They can be reached by phone, mail, or often online. Most insurance departments can provide you with on the phone assistance to help resolve your dispute without requiring you to file a formal written complaint. If a written complaint is required, you may be able to download and print one from their website, fill it in at home and post it to them.

When you have filed your complaint your local insurance department will notify the car insurance company of the complaint. The car insurance company is required to respond to the insurance department within a fixed amount of time, generally between 10 to 30 days, depending on where you live.

When the Insurance Department has received a reply from your car insurance company they will investigate what needs to be done and will notify you. This process can take as much as 30 days.

Your claim should normally be resolved by now. Insurers don't want to have the Insurance Department make a decision against them due to their power to levy a variety of penalties, ranging from fines to revoking the license of the car insurance company.

If you have read the above and make a decision it's all too complicated you may decide to hire a lawyer who specializes in Auto Insurance. Lawyer's generally work for either an hourly rate or on a contingency fee basis. Whatever you decide to do, make sure you get your lawyer's fee structure in writing. You should also insist that you receive copies of all correspondence to ensure you stay up to date on the progress of your claim. You should also sure your lawyer is aware that he or she needs your agreement before any settlement is agreed on.

Tuesday, May 18, 2010

Public Adjusters - A True "Deer" Story

Richard was in his family room recovering from a knee replacement operation watching the news, dozing off and half asleep when he heard glass breaking and furniture falling in his living room. A deer had come crashing through his back screen door, gone into his living room and had caused considerable damage to antiques, furniture, and other household items.

The deer had cut itself coming through the screen door, but blood was only the beginning of Richard's problems. The deer panicked while desperately seeking a way out and began crashing into things. It knocked over an antique grandfather's clock, it broke a cut glass end table, it damaged an antique wood inlaid end table, and it broke two antique Chinese porcelain lamps.

It got blood on a white sofa, blood on an oriental rug, blood on the floor, blood on the walls, blood everywhere.

Richard's home had hardwood floors. You can imagine the hoof scratches and gouges that resulted as the frightened deer tried to secure its footing in its attempt to escape.

Richard managed to get the deer pinned to floor and was holding him in place when his wife walked through the front door, saw him on the floor holding the deer and questioned what in world was he doing lying on the floor with a deer in the middle of their living room. They finally got the deer out of the house.

After the deer had departed, Richard inspected the damage. Blood was everywhere. On the floor, walls, rugs, upholstered furniture, and pretty much everywhere you looked. Seemingly everything the deer touched was broken or damaged, including the antiques, collectibles, and most other household items located in that room. Richard asked his wife to get her digital camera and start taking pictures of everything, starting from the back door.

The first thing Richard did was call his Insurance Agent, who arranged for the company's Claims Adjuster to visit his home and assess the damage. The adjuster scheduled a visit two days later, made some measurements, scribbled some notes, and informed Richard that the Insurance Company would be back in touch soon. Richard gave him copies of the pictures, showing all the items and the room in the condition right after the deer was removed from the house. The adjuster and Richard both felt the total cost to repair the antiques and clean everything would be about $5,000.00. The adjuster was very happy with this total figure. Richard didn't know any better at the time.

The next day a gentleman from an Antiques restoration firm arrived and inspected the broken and damaged antiques, and told Richard that yes, all the furniture and antiques could be repaired. But he would have to take them back to his shop so that his craftsman could estimate the costs to repair the furniture, clock, porcelain, and other damaged items prior to his submitting his estimate. Richard agreed.

Dan from Antiques Restoration continued the conversation, asking Richard if "His Adjuster" had been out to inspect the damages. Richard said yes, the "Insurance Adjuster" had been out the day before and he was waiting for the estimate to repair the furniture. Dan, said, "No, not the Insurance Company's Adjuster, YOUR Adjuster". Having never submitted an Insurance claim, Richard had never heard of a "Public Adjuster". Dan, who himself had just started working as a Public Adjuster then proceeded to explain that Public Adjusters worked for the homeowner, not the insurance company.

Dan explained that there were three types of Insurance Adjusters:
• Insurance Company Adjusters
• Independent Adjusters
• Public Adjusters

He further explained that whereas the Insurance Company & Independent Adjusters were employed by, and representing the interests of, the Insurance Company, a Public Adjuster was someone who represented the homeowner's interests when negotiating a claim with their Insurance Company.

The friend continued: "You wouldn't go to court without the support of any attorney. You wouldn't face the IRS without the support of an Accountant or CPA. Why would you even consider dealing with your Insurance Company, and its salaried Claims Adjusters and team of other paid Insurance professionals whose primary goal is to mitigate and minimize the size of your claim payment, alone and by yourself?. Especially in an area as complicated and confusing as Homeowners Insurance".

This made sense to Richard, so he agreed to have a Public Adjuster represent him. The adjuster explained the entire claims process to him. In exchange for their fee the Public Adjustment Company:
• Reviewed as assessed all damage.
• Took measurements and photographs.
• Calculated the true damages to Richard's property, and how much was needed to restore his property to "Pre-Accident" condition.
• Met face-to-face with the Insurance Company's Adjuster on multiple occasions.
• Handled all paperwork.
• Handled all negotiations with the Insurance Company.

Because the Public Adjuster understood Insurance, understood what the policy did and did not cover, understood the Claims process, and knew what and what not to say to the Insurance Company....it negotiated a total claim payment of approximately $22,000 from the insurer. So, even after the Public Adjuster deducted his fee, Richard ended-up with nearly 3-times what the Insurance Company originally offered. And basically all Richard had to do was deposit his check. The Public Adjuster did the rest of the work.

The Moral of the Story Is This: Before you ever accept a claims settlement offer from your Insurance carrier, you should at the very least speak with a Public Adjuster to see if it would be to your benefit to use a Public Adjustment Company.

P.S.: As a result of this real life story, Richard decided to pursue a new career as a Public Adjuster and, after 14 months in the business, has risen to the position of Regional Manager of the largest Public Adjustment Company in the country.

Monday, May 17, 2010

How to Make Money Defaulting on Your Credit Cards

On many levels, the situation with lenders and borrowers has gone beyond absurdity. Borrowers happily spend themselves into a deep pit. Lenders keep interest rates so high that those in trouble can never repay their debt, as much as they might want to. Lenders are happy with getting minimum payments forever.

This unhappy cycle just keeps working its way through until the borrower defaults and gets put into the collection system. Once there, the borrower is best advised to ignore collection calls and letters, until they can scare up some cash to try to make a deal.

I have a client, a widow, who came to us with about $30,000 in credit card bills. She was actually liquidating furniture and heirlooms, trying to sell her dead husband's gun collection to pay minimum payments on her cards. Her real estate taxes had been unpaid for two years, and she was behind on her mortgage, but she was doing everything she could to keep the credit cards current. She had been doing so for four years since her husband died. When we met, she was not even sure if her name or her husband's, or both, appeared on the bills.

Like many people, she had never even thought of the idea of not paying. She always paid her bills. Also, like many people, she would never have filed a bankruptcy case under any circumstances. As a result, she was very near the mental edge. I told her that if she kept her present plan, she would wind up broke, and that her really important bills, food, real estate taxes, mortgage and utilities had to come first. Though she wanted to pay the credit card companies, it was simply a mathematical impossibility.

Over time, she accepted this fact, and I gave her basic instructions, don't talk to collectors, give me her mail, I would make deals or eventually litigate the claims to resolution. Everything seemed fine. A strange twist then developed. She did not have caller ID. Also, she had family and was afraid that if she missed a call, she would miss something big. So she answered the phone, every time it rang. She tried to explain that she had a lawyer. She was a clerical worker, so she could really type. Most collectors she spoke to were courteous and polite.

Some were not. She got calls during which she was abused, called names and threatened with lawsuits and even jail. She dutifully typed out the details of these calls, the time and what was said, and turned them over to me. I am not all that interested in suing collectors. I am out to make deals or litigate and get my clients' finances straightened out.

But these collectors were making it hard not to take action. I am very good at holding collectors accountable for violating the Fair Debt Collection Practices Act. Each time she gave us the details of a violation, I filed a suit on her behalf. Each time the suit had no defenses. Often the underlying claim can be worked out in the context of resolving these suits. While the monetary details of the lawsuits are irrelevant, she might be the only client I ever have who will recover from the credit card companies and their collection agents almost as much as she borrowed.

A borrower who wants to pay but cannot, a lender who wants money but does not care how it goes about collecting it and the interplay of consumer protection statutes, lead to a result more absurd than could be imagined.

Sunday, May 16, 2010

Separation Agreements - Making Your Divorce Easier

A separation agreement is a written legal document that memorializes the marital and divorce agreements of a married couple prior to divorce. Separation agreements must be signed and notarized to become effective. A separation agreement must be entered into voluntarily with complete understanding and full disclosures on the part of both parties to be enforceable.

A contested divorce, or a divorce without an agreement, can cost thousands of dollars in attorney fees, court costs and filing fees. By contrast, an uncontested divorce where both parties have resolved their differences by agreement is much less expensive and time consuming. A separation agreement can reduce the cost of a divorce by resolving important martial dissolution issues such as alimony, child custody and visitation, child support and property distribution.

Many people confuse separation agreements with "legal separation". In general, a separation agreement is not a legal separation. A "legal separation" is a term given to the status of the married couple and a "separation agreement" is simply an enforceable contract between husband and wife regarding their agreements about the dissolution of their marriage. Most jurisdictions require a physical separation of the parties to effect a legal separation; however, some states permit married couples to continue to live together during the legal separation period (sometimes called cohabitation).

Some states require nothing more than a physical separation of the parties to begin a legal separation. Other states require the filing of certain documents with court to effectuate a legal separation. Although a separation agreement can be considered to be a legal separation in some instances, the two terms are usually not interchangeable.

There are several advantages to separation agreements. Most states reward couples who have entered into a separation agreement by allowing the couple to be divorced quicker than those couples without separation agreements. A separation agreement almost universally allows a couple to pursue the divorce on an uncontested basis which can be thousands of dollars cheaper than an ugly contested divorce.

Check with a divorce attorney in your state to discuss how separation agreements can make your divorce easier or visit www.directlex.com [http://www.directlex.com/catalog/divorce-separation-agreement-c-21_22.html] to view sample separation agreements for download.

Saturday, May 15, 2010

Central Florida Personal Injury Attorneys

Central Florida personal injury attorneys assist personal injury victims in all aspects of legal work and court case. They handle personal injury lawsuits arising due to wrongful death, nursing home abuse, medical malpractice, insurance claims, property liability, merchandise liability, business litigation and other types of personal injury cases.

Central Florida personal injury attorneys are licensed, qualified and experienced attorneys and represent claimants in significant personal injury and death cases throughout the State of Florida. Central Florida personal injury attorneys are capable of making an impartial assessment of the case based on certain factors. Attorneys are also in a position to present a possible outcome of the case to their client. Clients may opt for an out of court settlement or press for trial based on the evaluation and advice offered by them.

There are certain statutes of limitation that apply to personal injury lawsuits in Central Florida. This means that victims need to have their personal injury attorney file a lawsuit within a certain specified period of time, or they will be forever barred from pursuing the matter. It is suggested that victims contact a Central Florida personal injury attorney within limits of statute. Timely discussion with respect to their case will expedite procedures attorneys need to file for compensation against damages suffered by them.

Many Central Florida law firms provide in-depth information on their web pages that may help personal injury victims to have a basic understanding of the law, the responsibilities of those who caused harm, and to provide information on the kinds of compensation that may receive.

Personal injury damages can be monetary (loss of income or medical costs), non-economic (pain and suffering), or punitive (punishing irresponsible behavior). Punitive damages are mostly awarded if the defendant's acts were so appalling that the judge believes it necessary to make an example of the defendant.

Friday, May 14, 2010

The Dangers of Black Mold

There over one million kinds of mold in existence today. These will include yeast, fungi, and yes, mold. Mold, or sometimes thought of synonymously with mildew, is a subset of fungi. Mold is usually fluffy in texture and grows in wet and dark environments. The texture will feel powdery. A particularly toxic type is known as Strachybotrys, or "toxic black mold" can pose as serious health risks.

Here are only a few of the health risks associated with toxic mold:


Allergic reactions. Mold will often cause adverse irritation to a few susceptible individuals.
Bleeding of the lungs.
Respiratory infections where the mold has gotten into the lungs.
Headaches, chronic fatigue, nose and throat irritation, watery eyes.
Building up of mucous membrane in throat, mouth, and lungs.

Black mold can be lurking anywhere in your home. However, be aware of the fact that mold exists in every household. It is important to know the signs of black mold and where it can be found. Here are a few places where toxic mold can be hiding:


Behind drywall-the back of drywall can easily house an entire colony of black mold because it is dark and cool behind your walls. Mold will show up on walls as cracks and bulging. If found on drywall then that section should be removed.
Basements have the largest chance of concocting mold than any other level of the home. Mold loves the wooden structures in basements and will often cause structural dangers if left alone too long.
Humidity filled rooms will often have mold because of the level of moistness in the room.

Mold presents a serious health risk for everyone that is exposed to it. These health risks, if allowed to persist, might even lead to death or cancer in the individual. And worst of all, mold can go unchecked for years, giving it a chance to grow rampantly within your home.

Learn More

Thursday, May 13, 2010

Over the Counter Medicines and Driving

Over the Counter Medicines that Affect Driving

When you see someone driving badly down the road, you probably immediately suspect that they are either under the influence of alcohol. It is easy to blame alcohol for all types of bad driving, but there are actually a number of things which can affect driving ability and a number of them can be purchased at any drugstore or grocery store.

Certain over the counter drugs can create a serious problem if the person who is using them makes the ill thought out decision to get behind the wheel even though they can tell that some of their senses or mental capacity is greatly hindered.

How Drivers under the Influence of Certain OTCs Appear on the Road

For the most part, a person that is on a certain drug that impairs driving ability will be engaging in all the same typical driving patterns of people that are under the influence of alcohol. Look out for certain signs in order to identify these drivers. Indicators that a driver is under the influence of a mind altering OTC drug include:

• Erratic driving in any way

• Fast lane changes which are not carefully thought out. This includes cars that are "road weaving" or quickly changing lanes and weaving between cars.

• Very fast driving-like alcohol, these drugs can cause the driver to be unaware of how they are driving.

• Very slow driving-these drivers find it difficult to operate their vehicle while on the mind alerting OTC and thus slow down to ridiculous paces which they assume will make driving easier. This slow driving can result in serious accidents as it greatly disrupts the natural flow of traffic.

• Swerving-basic things such as staying in one lane can seem like a very difficult endeavor to undertake on these drugs.

What Types of Over the Counter Drugs Cause Mental Impairment

Most people do not have to worry about popping an aspirin or ibuprofen while they are driving unless they have a very specific adverse reaction. But OTC drugs that often cause mental impairment include and should not be combined with driving include:

• Cold and Flu drugs-anything used to treat cold and flu symptoms most likely contain drugs that may alter your mental state.

• Decongestants

• Anti-histamines

Wednesday, May 12, 2010

FDCPA - Illegal Debt Collection Tactics

We hear about illegal debt collection tactics every day at our law firm. The debt collector threatens to garnish wages or press fraud charges. Threats of jail time or job loss are common as well.

Maybe the collector contacts friends, family or neighbors to discuss the debt with them, or, to embarrass you into paying. We have also seen letters sent to employers asking them to garnish wages.

All of these collection tactics are illegal according to the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that governs the rights that you have as a debtor and the activities that a debt collector can engage in when trying to collect on a debt.

Let's take a look at some of the above listed threats and discuss why they are illegal. The first threat, wage garnishment, is a very common threat. In the state where I practice law, Pennsylvania, wage garnishment cannot occur on a credit card case, ever. To make a threat of wage garnishment in Pennsylvania is illegal as per the FDCPA. The reason is that the FDCPA makes it illegal for a debt collector to threaten activity that it cannot carry out. Since wage garnishment cannot occur in PA for credit card debt, the threat of wage garnishment is illegal.

Another common illegal debt collection tactic is to threaten jail time. "Pay this debt or we are going to press charges and you will go to jail". There is no law in the United States that will cause you to go to jail for not paying a credit card debt. Because jail time cannot occur where you have failed to pay a credit card debt, the threat of jail time is illegal.

In many instances, the debt collector will contact your friends, family or neighbors to either get them to pay the debt or to embarrass you into paying the debt. A debt collector may not contact friends, family or neighbors regarding your debt except for under very limited circumstances. The only circumstance where the collector may contact friends, family or neighbors is when they are unable to locate you after making a good faith effort. In that specific instance, the debt collector may contact others to ascertain your location and contact information. Under no circumstances may the debt collector discuss your debt with anyone other than you.

If all of these tactics are illegal, why do debt collectors engage in them? Simple, its very effective to do so. If they call 100 people and use these illegal tactics, maybe 60 of them will pay something to the collector. Of the remaining 40, maybe only one or two will be bright enough to contact a consumer attorney who will then sue the debt collector for violating the FDCPA. (The above numbers are completely made up as an example for you). Anyways, in this hypothetical, you can see that they debt collector will be willing to use illegal tactics and violate the FDCPA because the return on investment is there for them. They make a lot of money using these illegal tactics.

Tuesday, May 11, 2010

Nebraska Divorce Records

Divorce is now a growing reality across our nation and many other areas of the world. With the stigma of divorce being vastly lessened in recent years, people are willing to give up on their marriages at the drop of a hat, often at the first sign of trouble or displeasure.

This means there is an increasing risk that the person you're dating has also been divorced themselves. For someone who still holds the sanctity of marriage in high regard, this may be valuable information to know. You don't want to pledge your life to someone if you feel you're not getting the same commitment back.

A NE divorce records search online offers both speed and confidentiality compared to other methods. With as little information as a name, you'll be able to access these records and presented with information on the selected party like their address and location at the time of divorce, their former spouse's name and information, and the terms of the divorce.

There are multiple sites now catering to online Nebraska divorce records searches, some of which are free, many of which will charge a small fee. Free sites typically have scattered files that may give you small amounts of information, but won't provide you with all the information available. Paid sites feature full records, all professionally organized and detailed, and are the best choice for a serious search.

We all know the internet is flooded with false promises and deceit, so even some pay sites may do nothing more than connect you to, or directly access the files located in a free directory, so finding the right site is important. Your county registry is a popular option for divorce and public records online.

Monday, May 10, 2010

A Progressive Governor and His Landmark Lawsuit

Voters in Georgia, and those of thirty-six other states this year, will elect or re-elect a governor. Article V of the 1983 Georgia Constitution states he shall assume "...the executive powers of the state." How and to what ends he exercises those 'powers' can make a difference.

In a recent speech, Governor Haley Barbour of Mississippi affirmed this political truth when he declared, "Governors matter." A case in point is the administration of Georgia Governor Ellis Gibbs Arnall, 1943-47. As one of the most effective in modern history and a polestar of excellence in government, it had a positive impact on the state. On today's stage of turmoil, doubt, and distrust, this Governor's forward-looking politics merit reconsideration.

He grew up in Newnan, the son of prominent Georgia citizens. After graduating from the University of Georgia law school in 1931, he plunged into politics and rose rapidly. In 1932, he won election to the Georgia House. Six years later and youngest in the country, he was serving as Attorney General. Bright, urbane, perceptive, widely read, ambitious, Arnall knew an issue when he saw one. Governor Eugene Talmadge (seeking re-election) served up one cooked to order.

Talmadge, "The Wild Man from Sugar Creek," defender of the status quo, adversary of the New Deal, disciple of rural interests, was a firebrand segregationist. Convinced integration sentiment was infiltrating the university system, he moved against professors and administrators at the University of Georgia and Georgia Teachers College, firing some and threatening others.

His mischief misfired. The University lost its accreditation. As their diplomas became worthless, students demonstrated en masse and burned the Governor in effigy at the state capitol. Across Georgia the vox populi echoed the protest.

Arnall denounced Talmadge as a dictator and demagogue. He made academic freedom his central issue in the 1942 gubernatorial election, handily defeating Talmadge to become the 69th Governor. On January 12, 1943, he took the oath of office as the youngest governor in America, age 35.

With decency and dignity, Arnall promptly obliterated Talmadge's "Tobacco Road" image, one many believed stained and degraded Georgia. That was the beginning. Other measures followed one after the other.

The Governor launched a ten-point reform program, and the legislature supported it. With university accreditation restored forthwith, Georgia became first in the nation to lower the voting age to 18. Her sons were fighting World War II battles all over the globe. "If they're old enough to fight, they're old enough to vote," Arnall declared. The citizenry agreed. He repealed the onerous poll tax that expanded the electorate by an estimated 500,000. He established a civil service system that protected state employees from arbitrary political firings. Iron shackles were banished from the penal chain gang system; one Zell Miller observed, "Had given the state a national black eye for years."

Utilizing the commission system rather than calling a convention, the Arnall administration adopted a new constitution, the first since 1877. In a break with precedent, its provisions ascribed independence to the Boards of Regents and Pardons and Paroles. Meanwhile, the administration discharged the $36 million state debt without raising taxes.

The Governor placed on his agenda another long-standing plea for relief. For years shippers, manufacturers, and business people complained that discriminatory freight rates stunted growth and business expansion, among smaller enterprises in particular. Freight rates on southern rail lines averaged thirty-nine per cent higher on manufactured goods than rates in the North. In Washington, D.C., a languid Interstate Commerce Commission continued its mull of the rate question, pending in one form or another since 1936.

Unfair rates affected other southern states, but their governors also skirted the issue. Arnall abandoned patience. He and Attorney General T. Grady Head, in brilliant fashion, drafted a bill of complaint and filed it directly in the U.S.Supreme Court. Styled, State of Georgia vs. The Pennsylvania Railroad, it named as party defendants nineteen additional northern lines. Georgia sought to enjoin them from conspiring to fix unfair freight rates in violation of the anti-trust laws.

Arnall himself argued the case in the Supreme Court, the first sitting governor to do so. On March 26, 1945, five of the nine Justices found in his favor. Among other things, the Court held Georgia averred legitimate grounds for legal remedy. A segment from the majority opinion reads:

Discriminatory rates are but one form of trade barriers. They may cause blight no less serious than the spread of noxious gas... They may affect the prosperity and welfare of a State... They may... impede old industries and prevent the establishment of new ones. They may put [a State] at a decided disadvantage in competitive markets.

The lawsuit aroused the lethargic ICC. In a matter of weeks, it issued a three hundred-page opinion that mainly agreed with the allegations of unfairness. Over time, rates were duly adjusted to assure parity and equity. As predicted, in Georgia and throughout the region the regulations contributed to business growth and industrialization.

The everlasting question facing any governor is the one (as Edmund Burke expressed it) of knowing "...what the state ought to take upon itself to direct by public wisdom, and what it ought to leave with as little interference as possible, to individual discretion." Ellis Arnall understood Burke's maxim. He also knew nobility of cause is admirable and promises can brighten the heart, but for the electorate the only effective measuring stick is constructive action-in those matters the state 'ought to take upon itself.'

April 29, 2010

Sunday, May 9, 2010

Fatal Car Crashes

Road fatalities due to car crashes are increasing with each passing year despite huge efforts on the part of traffic control authorities. An alarming number of people, that is, 42,900 died in car crashes in 2003 and the number is only increasing with each passing year. The figure becomes more frightful when depicted like this: every 12 minutes in the US there is a car fatality, and every 14 seconds there is a person disabled in a motor accident.

The number of car crashes is comparatively very high in the senior population over 65 years of age. This bracket of people drives only 8% of the total road traffic, but one in four of them are likely to be involved in a car crash. Another high majority among car crash casualties are teenagers of the age group 15-20 years. An estimated 14% of all car crashes are among this age group.

Several factors may lead to car crashes. One of the greatest culprits is drunken and drugged driving. This is especially rampant among teenagers and causes no less than 16,000 deaths each year in the States alone. In current times, mobile phones are also becoming another major cause. Hand held devices are banned almost everywhere during driving. Even hands-free cell phones are dangerous as they divert the attention of the driver from the road. Eating or drinking while at the wheel, speaking to the passengers, listening to the radio or music while driving are all factors that make people involved in car crashes. Speeding and reckless driving also account for a major chunk of car crash casualties each year. Another significant cause is the pedestrians who do not obey traffic rules, especially while crossing roads.

There are several road safety measures that can be followed to prevent car crashes. It has been found that of all the fatal car crashes, almost half of the victims were not wearing their seatbelts. Traffic in US cities is quite congested at peak hours, but following simple road safety measures could help curb a vast number of road accidents. This even applies to pedestrians and cyclists on the road.

Saturday, May 8, 2010

Pennsylvania Divorce Law

Going through a divorce can be stressful at the best of times, and it is important to ensure that each party receives fair treatment as part of the divorce proceedings. Pennsylvania divorce law is designed to ensure that you have a certain degree of protection when it comes to divorce proceedings, and that you receive fair treatment when it comes to the allocation of joint assets. However, understanding Pennsylvania divorce law isn't always easy, and particularly at an already stressful and confusing time.

You can, however, hire the services of a specialist divorce lawyer in Pennsylvania, and these lawyers are experts in the area of Pennsylvania divorce law. By hiring a lawyer you will benefit from expertise and experience in this area, and your lawyer will ensure that you come out of the divorce as unscathed as possible in terms of finances and assets. These lawyers use their expert knowledge of Pennsylvania divorce law to work on behalf of their clients and get the most favourable outcome possible at the end of the divorce proceedings.

A divorce can be very messy, and often the animosity between the couple can cloud their judgment and decisions. The lawyers working on behalf of each party, however, will be able to clearly and professionally assess the situation, and each lawyer will fight for his or her client to ensure that the client is not 'taken for a ride' or treated unfairly through the proceedings. By using specialist divorce lawyers you will come out of the divorce safe in the knowledge that everything has been dealt with in the proper legal manner, and that all matters are now settled once and for all.

The cost of hiring a specialist divorce lawyer can be quite high, and at an already financially difficult time this can simply add to the stress. One way to avoid the additional worry is to have a prepaid legal services plan in place. These plans are available for a small monthly premium, and with a prepaid services plan you can rest assured that you will have ease access to an expert divorce lawyer should the need arise.

Friday, May 7, 2010

Product Liability Lawyer - The Best Advice in the Business

The market is flooded with products manufactured all over the world. Sometimes they are of high quality, but sometimes, manufacturers scrimp and save so that they make higher profits. When a product that you purchase is unsafe or when it endangers your life you can appeal for justice. All you need to do is turn to a Product Liability Lawyer. If a defective product causes injury, you can claim compensation by listening to your lawyer's advice.

Any product that you encounter can result in what is known as a product-liability claim if it is found to be defective in design or manufacture and if it causes injury to you or your loved one. From the seat in your car to a toy you bought for your child, this law covers all products. Your Florida Liability Lawyer needs to thoroughly investigate the product and find what made it defective, so that you can determine which manufacturing department is responsible for the caused injury. Various parties can be held liable, such as the manufacturer, the assembling manufacturer, the packaging company, the parts manufacturer, the wholesaler or the retailer.

Your lawyer can file a negligence product liability claim, which must show that negligence caused the defect. A strict liability claim states that the product was defective from the start. When there is an implied or expressed warranty that is not fulfilled, a breach of warranty can be filed.

If you contact a Florida Product Liability Lawyer, he or she can advise you as to the nature of the defect by investigating it. He has sufficient expertise upon the nature of liability you must file for, so his advice must be taken seriously. Finally, he can tell you what degree of compensation you can demand in damages. Thus it is always advisable to contact a lawyer in case you need to file a product-liability claim.

Thursday, May 6, 2010

Car Accidents

A motorist owes a "duty of care" to other road users. This means he/she should not hurt other people, whether other drivers, passengers (including passengers in his/her own vehicle), pedestrians, cyclists and so forth.

In simple terms, what has to be shown if your claim is to be successful is that the motorist has been at fault because he or she has failed to drive with reasonable care.

If a motorist who is at fault is either uninsured or untraced, then innocent victims are protected by the Motor Insurers' Bureau (the MIB), which provides a fund that can be claimed against in these circumstances.

The UK has one of the best records for road safety in the EU, and also compares favorably with countries such as Japan, Australia and the US.

However, road traffic accidents are still a leading cause of death and serious injury in this country. Figures from the Department of Transport show that in the year 2006, there were over 3,000 fatalities and 28,000 serious injuries. There were more than 258,000 recorded injuries in total.

There are around 10,000 car accidents in the UK every day. Car accidents can be caused by vehicle failure or poor road maintenance. The vast majority are the result of human error.

When presented with a possible car accident claim there are a few elements that need to be considered and checked against. From the beginning we need to make sure that the police are aware of every element of injury to you and damage to your car. The smallest scratch, as well as the smallest inconvenience regarding time and finance can constitute a successful claim.

Also a very important aspect of any potential claim is time. It is vital that the case is submitted as soon as possible to ensure a successful claim.

The Highway Code is a good guide when trying to assess who is at fault. Some of the more common faults in driving result from speeding, overtaking, failing to keep a proper lookout.

Wednesday, May 5, 2010

Pennsylvania Divorce Lawyer

Need a Pennsylvania Divorce lawyer? When it comes to finding a divorce lawyer Pennsylvania residents can enjoy a great choice. Divorce is more common than ever these days, and can prove a very stressful time for all concerned. There are many factors to consider, particularly if you have been married for a long time and have accrued a large number of assets jointly. Things can be particularly difficult in cases where the couple have split up in bitter circumstances, and getting lawyer is essential in order to ensure that you come out of the divorce with everything to which you are entitled.

By hiring a skilled and experienced divorce lawyer Pennsylvania residents can ensure that the divorce proceeding run as smoothly as possible. Going through a divorce can be stressful enough at the best of times, and having the help and assistance of a legal expert in these matters can help to ease the load for all concerned. An experienced divorce lawyer will act as mediator, will liase with the other party, and will provide you advice and information with regards to your rights.

When looking for a divorce lawyer Pennsylvania residents have to bear in mind the potential costs, and with the possible costs of the divorce added these fees can prove financially crippling. This can make divorce even more stressful, and in some cases is a factor that stops couples from getting the divorce they want, forcing them to stay together in a strained atmosphere and hostile environment. This can simply lead to even more tension and a greater number of problems for both parties as well as any children involved.

However, rather than having to find a large lump sum of cash to pay a divorce lawyer Pennsylvania residents can opt for a simpler and more affordable solution. Prepaid legal services are a great way to ensure that you have access to legal advice and assistance whenever you need it without the need to find additional funding to pay lawyers' fees. You can get full legal assistance to help you with your divorce proceedings, lightening the load for you at a time when you need it most.

Tuesday, May 4, 2010

Montgomery County - Pennsylvania Personal Injury Attorney On Montgomery County - PA Personal Injury

Injuries suffered on leased premises present certain difficulties for plaintiffs. "The law is clear that a landlord out of possession is generally not liable for bodily harm sustained on his property by his tenant and those on the premises under his tenant's right when he is entirely out of possession and control. Craig v. Ryan, 191 A.2d 711, 713 (Pa. Super. 1963)(emphasis added).

Whether a landlord is out of possession or in possession is a fact specific issue. For example, one factor is whether the landlord makes repairs to the property. See Henze v. Texaco, Inc., 508 A.2d 1200 (Pa. Super. 1986); Pierce v. Philadelphia Housing Authority, 486 A.2d 1004, 1005, (Pa. Super. 1985). In Pierce, the fact that PHA took care of maintenance and collecting rent created an inference not only of possession and/or control by PHA, but also of responsibility to keep the stairways of the property in good repair.

In all of the cases where the court has determined that the landlord was "out of possession", there was a lease between the parties. The Superior Court likens a lease to a sale, with responsibility for defects passing to the tenant unless otherwise provided for in lease. Kobylinski v. Hipps, 519 A.2d 488 (Pa. Super. 1986).
Where a contract is silent as to the subject of maintenance of the leased premises, and where the defendant performed needed maintenance during the period of the lease, there arises a "necessary implication" that the defendant had a duty to maintain the premises in good repair and reasonably safe for use by the tenants. McDevitt v. Terminal Warehouse Company, 450 A.2d 991, 998 (Pa. Super. 1982). How much moreso is this true in the case where there is no evidence of a lease at all.

Further, even if it were determined that the landlords were "out of possession", there are several exceptions to the rule that attach liability to an out of possession landlord. Kobylinski v. Hipps, 519 A.2d 488 (Pa. Super. 1986). For example, liability will attach to an out of possession landlord where the landlord conceals or fails to disclose to the tenant a condition that involves unreasonable risk of physical harm to persons on the property. Id.