Wednesday, June 30, 2010

Auto Insurance - Common Mistakes to Avoid

For car owners, an auto insurance policy is something that you can't do without. Accidents happen without warning, and so preparation is a must. Auto insurance will assure the fact that your finances are well protected when it comes to the weight of expenses that are concerned with repairs and other concerns with automobile accidents. Accident coverage can get expensive and bring an unneeded strain on your budget and so it is the insurance company that pays for these depending on which policy is your car under. Therefore, choosing the right insurance company that can offer the best kinds of coverage can is your best bet in protecting your car and your finances. In America, the policies differ from company to company and from state to state. This article will focus on Pennsylvania auto insurance.

The policies that most insurance companies offer depend on the laws of the state it is established in. If in case of an accident, Pennsylvania auto insurance is required by law to give the client a liability limit of $15, 000 per injured person. Property Liability coverage, on the other hand has a minimum limit of $5000. Pennsylvania has laws that follow a system that allows the insurance holder to define the compensation if in the event you or any of your passengers are hurt in an accident. Personal Injury Protection under Pennsylvania auto insurance policy is required by the law because this helps you pay for medical expenses of you and the passengers of your car. The state requires coverage of $5000.

Though these laws apply to every insurance company in Pennsylvania, quotes vary depending on the company, car or preferences of the client. Most companies offer insurance policies in packages so that it will be easier to find what you need as a client. But these packages are not restrictive as you can always customize them and fix the limits that they want for their packages. Pennsylvania auto insurance quotes are made based on the laws and guidelines regarding auto insurance without sacrificing what the client needs.

When getting a car, it is always best to think of getting insurance as well. This is for the welfare of you and your passengers. Furthermore, this helps you secure your finances because the accident will not bear heavy burden on your finances. It is always best to remember that insurance policies should follow the law and of course, be custom-fit to suit the needs and the concerns of the client. Quotations can differ from state to state, but the same law in insurance policies applies to every insurance company. In places in the United States like Pennsylvania, auto insurance quotes are guaranteed to provide you with the protection you and your passengers need.

Tuesday, June 29, 2010

Memories in a Rocker Glider

When our children were young, my husband and I used to visit our friends Marian and Andy who had an A-frame cabin in northern Pennsylvania near the New York border. The cabin was one of maybe twenty-five that were built around a manmade lake. The children loved to get up early to go fishing with their Dad and Andy. Sometimes they would go canoeing or take the row boat out for a trip around the lake or just jump in the water for a swim. Every morning Marian and I would take a walk around the lake and then sit on the deck to plan the rest of our day. We might go to a garage sale or visit a craft shop. Often we would just sit and rock in her glider just talking and laughing while waiting for the fisherman to come back! I enjoyed that so much. It was so calming that it could almost put you to sleep.

Many years have passed since that time. Marian and Andy sold the cabin. Our children are grown adults with children of their own. But the memory of those years we spent there will always remain. Especially the memory of rocking in the glider watching the kids on the lake.

For several years all I talked about was how nice it would be to be sitting on the deck, rocking in a glider like Marian and Andy had at the cabin. For a long time no one took the hint. I guess I was not making myself clear! Finally one year I just came out and said, "If anybody ever wants to buy me something special, I would love a glider like the one that was at the cabin."

Shortly after, when Mothers Day came around, my daughter called to tell me to meet them on the deck they had a surprise. As I sat there in my plastic chair, around the corner of the house comes my two daughters with my son carrying this beautiful Cedar Glider! I was so excited. It was not the same as the one I remember, it was even better! It was heavier and was made for three people rather than two and had two heart shaped cutouts on the back of the seat.

It was on the deck for quite some time, where I really enjoyed it. I used to have my coffee out there some mornings. Later we moved it to the corner of the pool where I could sit and watch our grandchildren swim. Our grandson would climb out of the pool, wrap himself up in a towel and jump on my lap so I could keep him warm and then we would rock together. I guess we were making our own memories on that glider. I hope someday he will think back and remember those days we spent together the same way I remember those days on the glider at the cabin.

Not only will you find a Cedar Glider similar to the one I described, but many other Cedar and Teak products on our website. We also carry an assortment of cushions and a Teak umbrella. I am sure you will enjoy browsing our site. Maybe you will find something special there that you too have been longing for.

Monday, June 28, 2010

What to Expect From a Child Custody Hearing

Most people who go through a child custody battle are not sure what to expect from the court system. Even having an experienced lawyer does not always reduce the anxiety that parents tend to experience in this situation. But by knowing what the courts expect at your custody hearing, you can make sure you are prepared to present the best case. Here are some basic considerations the court will examine during your hearing.

Your Home

The judge will examine each of the parent's living situations. Some of the factors that are discussed are safety, proximity to resources, size, and features. Ideally, you would have a home in a safe neighborhood that offers easy access to schools, health care, and relevant shopping outlets. The size of your home is figured into how many people live there and the number of bedrooms and bathrooms available.

Continuance

The goal of any child custody case is to provide the best situation for the child. This includes factoring in the transitional period for them. The custody judge is looking for a stable environment where the child will be afforded the best opportunity to adjust to the family changes. This means that preference will be given to the home which does not involve the child changing schools, friends, or other social circles.

Your Schedule

The custodial parent inherits a significant responsibility in providing emotional support for the child. This means that your work schedule should have plenty of accessibility and flexibility to care for your youngster. The court system will measure the amount of time you have available for family interaction. If your current schedule is hectic enough to raise concern, than you should have a detailed strategy for how you plan to make more time if you win custody.

Child Preference

Consider your child's preference for custodial guardianship to be the "X factor" in a child custody hearing. The ultimate role of the court is to ensure the best overall living situation first, followed by extraneous factors such as preference. However, if all other aspects of the case fail to produce a clear winner, than the child's preference will likely push one side over the top.

Understanding the considerations of a child custody hearing is an important part of preparation. By recognizing the factors that determine your eligibility for custody, you can eliminate potential negatives before they hurt your case. The key is to position yourself to provide the best environment for your child's development, coupled with the least amount of stress for their transition.

Sunday, June 27, 2010

Discover a Fool-Proof Way to Do a Pennsylvania Background Check!

Conducting a criminal background check on someone has become almost as commonplace as adding new friends on social networking sites. The media has made the term "background check" something of a catchphrase to throw into the mix when a sensational crime happens. Pennsylvania is one state that has responded to the impetus to make public criminal records more accessible to those in need of a background search. Even so, it can be puzzling to know how to go about doing a records search. Correcting errors on your own record is a foreign concept to most, but is also quite feasible given the correct guidance. Fortunately, there are some relatively simple answers to these questions.

Pennsylvania has unified their court system and made it accessible through a web portal. You can, for example, check the status of individual cases, or the hearings calendar of a particular courthouse. However, to conduct a criminal records search, you have to go through what is called PATCH (Pennsylvania Access To Criminal History). This is a website run by the Pennsylvania State Police for the express purpose of making records searches easier for everyone from law enforcement to individual users. Unfortunately, this process is a little more complicated than you may be lead to believe.

A PATCH search can be initiated online, or by printing out and mailing a form. A non-refundable fee of $10 is charged for each name you would like to search regardless of outcome. What's 10 bucks? Wait, here comes the downside. You will be charged for misspellings, duplicate submissions and other user errors. You should also be aware, the Pennsylvania State Police response is based on requester-information and includes fingerprint supported data exclusively from the State Police Central Repository. It does not preclude the existence of criminal records, which might be contained in the databases of other local, state or federal criminal justice agencies. Plus, if there are results they will be sent by snail mail. Obtaining the correct records could potentially take weeks.

Fortunately, if you suspect there is incorrect information on your record, it apparently won't cost you to challenge it. There are detailed instructions on the PATCH website, but to summarize...It simply requires printing out and sending in the same request form that would otherwise be required for a background check. The state responds with your record and a form to make changes which has to be returned within 30 days.

For those that see this as a means to obtain a cheap criminal background check, prepare to be disappointed. PATCH only covers Pennsylvania. If you are only interested in what your subject's record is inside Pennsylvania, or if you know your subject has never been outside the state, this might well suffice. However, given the rate at which many individuals, especially criminals, move around, a national background check is usually your best bet.

A criminal background check has become a necessary evil when hiring someone for any reason, especially as a babysitter. Pennsylvania has made it relatively cheap and easy to do a criminal records search inside the state with PATCH, providing you know exact details. On top of that, it helps you to keep an eye on what appears on your own criminal record to ensure accuracy.

For more comprehensive background searches encompassing a few states or the entire nation, the dizzying array of possibilities is bewildering. Unfortunately, many of the online services are nothing more than a money sinkhole. Using inferior service is dangerous to you and those around you so don't trust just any service that looks good and makes grandiose claims.

Saturday, June 26, 2010

Is Your Home Properly Insured When You Are Not in Residence?

Most homeowner's insurance policies cover the dwelling where you, the homeowner, reside. Renter's insurance provides similar coverage for renters. What happens if you are not in residence?

Consider the following situations:

• You go through settlement on your new home and spend a couple of weeks stripping wallpaper, painting, recarpeting, and making repairs and updates before you officially move in. Even though you are spending all your waking hours working on your new place, you are residing elsewhere.

• You move into the home of your dreams and are waiting for your previous house to sell. Even though you have insurance on both places, you are no longer living at your former address.

• Your home is damaged by fire, flood, storm, or vandalism and you move to temporary quarters during the remodeling. Even though you check on the progress of the repairs daily, you are not in residence.

• You are involved in an accident that requires hospitalization followed by treatment in a rehabilitation facility. Even though you intend to return home as quickly as possible, your home is considered vacant.

• The same is true when you receive work orders that require a temporary relocation or deployment. Even though you will return, you no longer reside at your home address.

• Your family home is unoccupied due to death or divorce, or it may have temporary occupants due to a change in circumstances. Again, you no longer reside there.

Because of a higher risk of vandalism, unreported fires, undetected water damage, and other problems that go unnoticed in unoccupied homes, courts and insurance claims adjusters may take the position that a homeowner's policy only applies if the homeowner is in residence at the time of the claim. Intention to return or to take up residence in the near future is not good enough. Check with your Realtor or your insurance agent about vacancy insurance coverage for the times when you will not be in residence.

Friday, June 25, 2010

Lemon Law - Who Gets Sued?

I practice law in Pennsylvania with a concentration on Lemon Law and Breach of Warranty issues for vehicles. Many of my potential clients express concern to me over whether to proceed with a Lemon Law claim because they have relationships with the selling dealership. "I've bought five cars there, and they always give me a great price." is something that I hear quite frequently. Other times, its "The service department has been so nice to me, I really don't want to sue them". I tell each of these prospective clients that their concerns are commendable, but that they are all for naught.

Think about what transpired when you purchased the vehicle from the dealership. For the most part, you looked at a vehicle, engaged in some negotiation, and then signed on the dotted line. What exactly, though, did you purchase? The obvious answer is a new vehicle, but you also purchased a manufacturer's warranty on that vehicle as well. I am not talking about an extended warranty or an extended service contract, but merely the written warranty that came with the vehicle at the time of purchase. (The standard warranty on most vehicles is 3 years, 36,000 miles, but various manufacturers and/or models have other terms and durations). The cost of that warranty is built into the price of the vehicle. The key, though, is that it is a manufacturer's warranty. As per that warranty, it is the manufacturer's responsibility to make sure that the vehicle works correctly, free of defects and non-conformities, while the vehicle is still within the given warranty period.

In Pennsylvania, Lemon Law claims proceed only against the vehicle manufacturer. The reason for this is based on the above, namely, that the manufacturer is the only party who is responsible for the defects with the vehicle because they are the entity that provided the warranty on the vehicle. The dealership is merely the agent of the manufacturer, and the agent will not bear responsibility in a lemon law claim. So it is with candor and confidence that I can tell my clients that the dealership will not face the threat of a lawsuit under a Pennsylvania Lemon Law claim

Thursday, June 24, 2010

How To Manage Shoulder Dystocia During Birth

Shoulder Dystocia is a type of complication that may occur during delivery. Sometimes during the course of a normal vaginal delivery, the head of the baby is delivered but the shoulders get stuck behind the mother's pubic bone and the baby cannot be delivered promptly. This condition is termed as a shoulder dystocia. This article talks about the various ways in which a shoulder dystocia can be managed during birth.

Ways To Resolve Shoulder Dystocia

There are many different maneuvers that can be tried to resolve a shoulder dystocia. However, before getting into any of these maneuvers, it is important to perform the following tasks:

· Summon another obstetrician to stand by and also make sure additional nurses and medical personnel are present for assistance.

· Make sure someone is keeping a note of how much time has passed since the delivery of the baby's head.

· Have neonatal and pediatric experts on stand by in case there is any fetal injury during birth or if the baby needs to be resuscitated after birth.

· Have an anesthetic on-the-ready in case surgery needs to be performed.

Once the above tasks are taken care of, the following procedures may be used to resolve the shoulder dystocia.

1. The McRoberts Maneuver:

This is usually the first maneuver that is used when a shoulder dystocia occurs. This maneuver requires flexing the mother's legs sharply onto her abdomen. What this essentially means is that the obstetrician maneuvers the maternal legs so that the knees are as close to the chest as possible. Once this is done, the maternal pelvis gets enlarged as the sacrum gets flattened. This extra space created in the pelvic outlet is usually enough to free the stuck shoulder so that the baby is delivered easily. The McRoberts Maneuver is also known as the Legs Maneuver.

2. Suprapubic Pressure:

A shoulder dystocia occurs because the anterior shoulder of the baby is stuck behind the mother's pelvic bone. To free the shoulder, the obstetrician may use manual pressure. This type of pressure is called the suprapubic pressure. Here's how it is typically applied:


The obstetrician places his fist on the mother's abdomen slightly above the pubic bone.

The stuck fetal shoulder is then pushed in either direction so that it assumes an oblique orientation position instead of the anterior-posterior position that is usually responsible for the shoulder dystocia in the first place. As the entrapped shoulder is now aligned obliquely to the pelvic bone, it can then be delivered easily.

When using this maneuver, it is imperative that the pressure applied is suprapubically so that the impacted shoulder can be freed from beneath the maternal pelvic bone. If fundal pressure is applied, the shoulder will only get stuck further under the pelvic bone and the shoulder dystocia will not be resolved properly.

In as many as 55% to 60% of all shoulder dystocia cases, simply using the McRoberts Maneuver in combination with applying Suprapubic Pressure is all that is required by the obstetrician to free the impacted shoulder and resolve shoulder dystocia during birth.

Using the McRoberts maneuver along with applying suprapubic pressure does not involve any kind of direct fetal manipulation. Therefore, both these procedures are considered to be extremely safe for the baby. However, if the maternal legs and thighs are flexed too forcefully, there is a danger of some degree of injury to the mother.

3. Woods Screw Maneuver:

While the first two maneuvers mentioned above simply require repositioning the mother and applying external pressure, the Woods Screw maneuver requires internal manipulation. In this procedure, the obstetrician reaches into the birth canal with their hands and tries to rotate the posterior shoulder of the baby much like rotating a corkscrew. The front surface of the posterior shoulder is where the pressure is applied, which helps to release the stuck anterior shoulder and the baby can then be delivered.

4. Rubin's Maneuver:

This maneuver can be called a variation of the Woods Screw maneuver. In this procedure, pressure is applied on the posterior surface of the baby's posterior shoulder as opposed to the anterior surface. This pressure, when applied while rotating the baby's shoulders, helps to orient the baby in the oblique position thereby reducing the distance between both the shoulders, which in turn helps to deliver the stuck baby.

5. Posterior Arm Sweep Maneuver:

In this maneuver, the posterior arm and shoulder of the baby are delivered manually. The obstetrician reaches into the birth canal and locates the posterior arm of the fetus. The arm is then swept across the chest of the fetus and is pulled out of the birth canal. This is known as delivering the posterior fetal arm. Once this maneuver is carried out, the stuck anterior shoulder can be rotated and freed easily, thereby delivering the baby in due course.

While the posterior arm sweep maneuver is quite effective, a significant risk during the maneuver is that of causing a humeral fracture, which is a fracture to the upper bone of the baby's arm. However, a humeral fracture is not as bad as it sounds and in almost all cases heals up completely. Thus, if other maneuvers fail to resolve the shoulder dystocia during birth, then the posterior arm sweep maneuver should be used in spite of the added risk of a humeral fracture.

NOTE: A procedure known as an Episiotomy (surgical incision) may have to be carried out for successful resolution of shoulder dystocia. If internal manipulation and rotation maneuvers such as Woods screw, Rubin's etc have to be performed to release the dystocia, there may not always be enough room for the obstetrician to put his hands inside the birth canal. Thus, to make some space to allow the hands to enter the vaginal canal, an episiotomy may be performed. Do note that an episiotomy on its own cannot resolve shoulder dystocia, but merely aids the other maneuvers.

Most shoulder dystocia cases can be managed by using any of the above 5 maneuvers. Do make sure that more than 30 seconds have not passed on any one maneuver. If a particular maneuver does not work within 30 seconds, it is advisable to move on to the next. However, even after trying all these maneuvers if the shoulder dystocia still persists, it may be time to perform the following rescue maneuvers.

6. Zavanelli Maneuver:

This maneuver should only be used when all others fail and for a severe shoulder dystocia. In the Zavanelli maneuver, the obstetrician aims to push the delivered head of the baby back through the birthing canal into the maternal pelvis. As soon as the head is successfully pushed back into the pelvis, an emergency cesarean section is carried out and the baby is delivered surgically.

Although the Zavanelli maneuver has been reported to be very successful in releasing extreme cases of shoulder dystocia, it should only be used in an absolute worst case scenario as it is known to cause both maternal and fetal injury.

7. Symphysiotomy:

A symphysiotomy refers to a surgical procedure wherein the maternal symphysis (the pubic bone and ligaments) is cut by the obstetrician. This helps to cut out a space that is about 2 cm to 3 cm wide. The pelvis is thus widened and the baby can be delivered.

After a symphysiotomy the mother's bladder continues to drain for five days. She has to lie on her side for at least 3 days of the five, and the mother's knees may even be tied together to ensure that the position is maintained. The urinary tract can also get damaged after this procedure. Thus, as is evident, a symphysiotomy is very tough on the mother and is thus hardly ever performed in the US.

8. Fetal Clavicle Fracture:

Another procedure that is sometimes used to resolve a shoulder dystocia is the intentional fracturing of the fetal clavicle bone. Direct upward pressure is applied to the clavicle bone of the fetus in order to fracture it so that the distance between the two fetal shoulders is reduced, thereby freeing the impacted shoulder and enabling delivery of the baby.

However, it is not easy to fracture the clavicle because it is a very strong bone. Most documented cases of resolving shoulder dystocia in this manner involve fetuses that have already died but have to be removed from the maternal pelvis for the safety of the mother.

A shoulder dystocia can thus be managed and resolved during birth by using any of the professional medical maneuvers detailed herein.

Wednesday, June 23, 2010

Media Lawyer - Find the Best One to Help Your Business

Are you interested in getting in to media business? It is an exciting area to be involved in, but also has a lot of aspects that are difficult to take care of alone. This is why having a media lawyer is a good idea. Representation is helpful in almost everything that comes up. If representation is not needed, the counsel and knowledge provided will be beneficial to you.

When in the media business, there are a lot of things that need to be taken care of. A lawyer can help you through all of these processes. They are there to provide help with all aspects, including the development, financing, production, distribution of products, and other levels.

These things all have to follow certain guidelines. If these steps are not followed correctly, there can be consequences that are not fun to deal with and ultimately, could lead to the demise of your company.

In all aspects of business, the law governs how they can run and things they have to do. Without having experience in the areas of the law, you risk making simple mistakes that are easily avoided and can cost a lot of money and time to correct.

A media attorney can make sure that you follow all of these steps and that everything you are doing is done in a legal way. Beyond the setup of your business, an attorney also offers expertise and counsel. He or she can give you ideas and recommendations to help your business move the way it should.

If anything ever comes up and you are charged for anything, your lawyer will be there to back you up. He or she will have already overseen the setup and legal workings of your company, and will be there to make sure that everything is still carried on in the right way. This will help you avoid legal charges, and will also give you the assurance that you are covered should something happen.

With media business, it is incredibly easy to make a mistake by simply forgetting to get a piece of paper signed or forgetting to register a product. A lawyer will know the deadlines of everything and will be able to make sure that you get it all done correctly the first time.

While the expense scares some people, the time and money that you save by doing things right the first time will make it well worth it. In addition, the added confidence cannot be given a price.

Tuesday, June 22, 2010

The Lemon Laws

Lemon cars, trucks, vans and SUV's are everywhere. Various statistics that I have seen indicate that anywhere from 1 out of 100 to 1 out of 8 vehicles are lemons. Staggering statistics, to say the least. A Lemon, by definition, is a defective vehicle. All states have Lemon Laws that provide protection to you in the event that you have purchased a lemon. These law vary from state to state, but all have common themes.

The first common theme is the defective condition of the vehicle. In other words, something has to go wrong with your vehicle. The state Lemon Laws typically define what elements satisfy the defective condition requirement in order to be classified as a lemon. In Pennsylvania, for instance, the vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of the vehicle. In my experience, these types of defects usually consist of defective brakes, transmissions, engines, suspensions, steering and things of that nature. Claims for electrical failures, noise and leaks usually are sufficient as well.

The next common theme among the state Lemon Laws is the obligation to attempt repairs. Each state Lemon Law sets forth that the manufacturer must be given a reasonable number of attempts to repair the vehicle's defective condition. In Pennsylvania, that number is three. Some other states have the repair requirements set at four or more. If the Manufacturer or its agent (the dealer) cannot repair the vehicle after a reasonable number of attempts, you have a lemon.

The third common theme amongst state Lemon Laws is the remedy that you are entitled to if you have a lemon. Most states provide that the consumer is entitled to a full refund of the purchase price OR a free replacement vehicle. Some states go even further. In Pennsylvania the remedy includes all collateral charges as well as the purchase price, including taxes, title charges, down payment, interest and more. If you choose the refund election you may end up getting every dollar back that you put into the vehicle. In addition, most states provide for the recovery of attorney fees and costs as well.

Monday, June 21, 2010

3 Ways in Which Maritime Law Protects Sailors and Their Families

People who work on ships and water vessels need Maritime law to protect them from employer's negligence, which can cause injury, disability and even death. More often than not, the working conditions of seafarers and other crew members of water vehicles are entirely different from those that work on land. Seamen depend on their employers for safety and health while inside ships, tankers and other sea vessels. If you are planning to work on a ship or if any member of your family is interested to become a crew member of a water vessel, it is important to take note of your rights.

One way in which maritime law protects seamen, sailors and all workers aboard a sea vessel are by mandating that employers provide everything in order to make working conditions in company ships, tankers, or other types of water vessels safe at all times. It is very hard to work on a ship in the middle of the ocean, thus, it is important that the employer provides emergency supplies, medications, adequate food, proper equipment and other things that ensure that the lives of the people who are working aboard the vessel are protected and healthy. Families of seamen will also have peace of mind knowing that their husbands or fathers are in good hands and have access to basic necessities of life even while at sea.

Another protection that maritime law provides sailors involves benefits in case they get injured while they are working in a vessel. Accidents happen and when they do, it is the responsibility of the employer to provide medical facilities and medication that will ensure that everyone who works on the ship will be cared for until they get back on their feet. Even if the seaman or sailor onboard the vessel is unable to perform his duties due to injuries, the family of that particular person should continue to receive his benefits or salary. This is especially true for cases in which the employer's negligence caused the accident.

More often than not, sailors and crew members of sea vessels are bread winners of their families. Thus, in cases of permanent disability or death, the families of seamen will really suffer financially. Thankfully, maritime law also ensures that family members of seamen who die or suffers permanent disability resulting from negligence on the part of the employer will be well compensated. 

Sunday, June 20, 2010

Auto Accident Lawyers - Why You Need Them

You never know when or where a car accident will happen, especially to you. And when they do occur, even without significant damages, deaths, or injury, there are far still ranging effects afterwards. Like the cost to repair your car, or any resulting loss of income (from the loss of property, or injury).

When involved in a car accident, there are a few things that you should know. Compensation is always the question in everyone's minds after an accident- be it compensation for damages, injury, or death. Now, for most of the time, damages are covered by insurance, but first, to determine how much the claimants are to be given, the company has to establish fault.

Then it is a question of who is more responsible for the accident. This directly affects how much the insurance will cover. It is assigned by a claims adjuster from the insurance company, who analyzes the situation, and based on this analysis, will assign a percent value -the "comparative fault"-- to each party according to how much of the accident they are responsible for. Certain states have regulated insurance by "pure comparative fault." With this system, your degree of responsibility is subtracted from your claim: being thirty percent responsible, for example, deducts thirty percent from your insurance claim.

The state of Texas uses "proportional comparative fault", in which claimants are entitled to the full amount of insurance as long as they weren't assigned a certain level of responsibility. Texas has set this level to 51 percent. If you were at fault for 51 percent or less, you get fully compensated. More than 51 percent, and you do not receive any compensation from your insurance company.

For you get as much compensation as you can, you should hire one of the San Antonio auto accident lawyers in the area. With a good auto accident attorney, you get someone who can assess the situation, and serve as your advocate when negotiating with the claims adjuster. If the case reaches court, your lawyer can represent you there, as well.

An auto accident attorney can help in a number of other ways. They can gather the evidence needed to plead your case (before a court or insurance company), like police and medical reports. An auto accident attorney in San Antonio can find and talk to potential witnesses, who can give statements to help you build your case. San Antonio auto accident lawyers can help you understand your legal situation, inform you of your rights, draft letters, and be your advocate if there are any disputes.

Whether a lawyer is needed after an accident in the first place will depend on the situation. If there has been a death or an injury, a lawyer is definitely required. Or it there is a dispute over fault with other parties or with the claims adjuster, or if you feel you have a strong case for compensation that is being withheld, look for San Antonio auto accident lawyers. It's in your best interest to be represented by someone who understands what is needed in these stressful situations.

Saturday, June 19, 2010

Get Compensation For Your Car Accident Claim Today

Although we Britons are fortunate that injuries and illnesses do not in and of themselves lead to penury - thanks to our National Health Service - those who are victims of another's carelessness still suffer pain, disability and in many cases, loss of wages. Unfortunately, the costs associated with legal representation often prevent these individuals from filing a car accident compensation claim. Thus, such accident victims may fail to collect funds to which they may be entitled in compensation.

Contingency Cases
Increasingly, solicitors here in the U.K. and abroad are willing to take such injury cases on what is properly called a contingency basis. This means that s/he will file a road traffic accident claim on your behalf and either (A) attempt to reach a settlement with the defendant, or (B) argue your case before the bench. S/he collects a fee from you, the claimant, only if s/he is successful in this endeavor - otherwise, you owe him/her nothing. This applies whether one brings suit over the death of a loved one or if the case involves something relatively minor such as whiplash injury claims.

Ancient Precedent
The idea that one should be compensated for one's injuries caused by another is an ancient principle in English law, predating the arrival of the Normans. Had there been motorcars in King Aelfred's time, for example one who was injured by someone who had perhaps had mixed a bit too much mead with his petrol would have brought his car accident compensation claim before an assembly of freemen, known as the the folc-gemot. If this assembly found the claim to be a valid one, the party responsible for the injury would have been ordered by the assembly to pay an amount of gold or silver to the victim, which in those days was called were-gyld or "man-price."

Modern Practice
In Anglo-Saxon times - and in fact, until relatively recently - this principle was applied rather unevenly; one who had great wealth and influence was far more likely to either receive compensation for an injury, or if he was the responsible party, escape liability altogether. We today can thank Lord James Atkins, the great Welsh jurist of the early 20th century for today's law of negligence. Although this particular case had nothing to do with motoring or claims (it was actually about a dead snail in a bottle of ginger beer), it established the central concept of British tort law as defined by another of our nation's great jurists, Lord Colin Blackburn, who said:
"Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."

This principle applies whether you trip over a child's toy left on the curb or have grounds for a road traffic accident claim - and thanks to no win no fee solicitors, you needn't have great wealth and influence to bring your case before a judge.

Friday, June 18, 2010

California Boat Accident - Case Study - Boat Hits Water Skier

If you or a family member are seriously injured in a boating accident in California, then it is important for you to understand how maritime law operates. This article is a case study of a vessel collision between a small inflatable power boat and a water ski boat that illustrates boat accident law.

A maritime legal analysis is performed in order to illustrate boat accident negligence and vessel collision legal principals. This is a recreational boating accident in California.

A Case Study - A Boat Accident on Mission Bay

Picture this, a typically beautiful chamber of commerce weekend on Mission Bay in San Diego. It's Saturday morning at the beginning of spring, so the water park is busy, but not the zoo it will be in a few hours.

A ski boat is slowly towing a young girl and is going in the proper counter-clockwise rotation flow of traffic. As is usually the case in recreational boat accidents, a day of pleasure quickly turns to danger and danger in turn quickly turns to disaster.

A small inflatable power boat pops up from behind an anchored luxury yacht. The inflatable boat is going the wrong way. That is, clockwise, against the flow of traffic. Further, the inflatable boat is going way too fast. The ski boat driver takes the proper evasive maneuver to starboard and turns the ski boat in order to pass the inflatable boat port to port.

After passing the ski boat the inflatable boat driver takes a radical turn to port - - apparently in an effort to try and "catch air" over the ski boat's wake. The young girl's skis go under the inflatable boat, launching her and slamming her into the inflatable boat's engine, seriously injuring both of her legs and right arm.

Maritime Law Analysis: Rules of the Road Violations:

Federal Navigational Rules are also referred to as "Rules of the Road." The following is a thumbnail analysis of the Rules of the Road violations presented in this Case Study.

The young girl has a strong liability case against the operator of the inflatable boat. The inflatable boat operator is in violation of the following Navigational Rules:

Rule 5 - - Lookout

The vessel failed to keep a proper look-out.

Rule 6 - - Safe Speed

The vessel proceeded at a speed too fast for the conditions.

Rule 10 - - Traffic Separation Schemes

The vessel failed to proceed in the appropriate traffic lane in the general direction of traffic flow for that lane.

Rule 18 - - Responsibilities between Vessels

The vessel failed to keep out of the way of a vessel restricted in her ability to maneuver.

Defeating the Limitation Action

The inflatable boat was launched from the luxury yacht and is owned by the yacht owner. The yacht owner filed a Limitation of Liability Action in Federal District Court. The Limitation Action was defeated because the yacht owner was deemed to have privity and knowledge of the inflatable boat driver being up partying hard the night before and drinking 2 hours before the collision. The inflatable boat driver blew a.09 on the Breathalyzer and was booked by the San Diego Police for boating while under the influence.

Applying the Pennsylvania Rule

Under maritime law, when a vessel violates one of the Rules of the Road the burden rests upon the violating vessel to show not merely that their fault might not have been one of the causes, or that it probably was not, but that it could not have been. This is called the Pennsylvania Rule, or as I like to call it, "Check Mate." The Pennsylvania Rule is used to establish liability for boat collisions. Used properly, the Rule is a powerful weapon in boat collision lawsuits.

Case Result:

The insurance company for the yacht / inflatable power boat owner paid a high six figure settlement to the Guardian ad Litem of the young girl.

Disclaimer:

The foregoing is a California boat accident case study. It is not legal advice. Any resemblance to actual events, persons and/or vessels is purely coincidental. I am simplistic in order to achieve clarity. Each boat accident case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your boating accident case will have a similar result as discussed in this vessel collision case study.

Thursday, June 17, 2010

Have a Child Attending Penn State? You Need to Check Pennsylvania Criminal Records

Is your child headed off to college in the fall? Maybe he or she plans to attend Penn State University? If so, you may need to check Pennsylvania criminal records. If you live out of state, you should do some research on the crime rates in the area in which your child will be living and attending college. Even if you live in Pennsylvania, with nineteen branch campuses in addition to the main campus, your child may not be attending classes or sleeping in a dorm room close to home. Therefore, you may want to research the crime rates in the area in which that particular campus is located.

When researching Pennsylvania criminal records, you should search by county rather than city. Aside from Philadelphia, Harrisburg, and Pittsburgh, which are the major cities in Pennsylvania, most cities are small, with some being referred to rather as towns or villages. While a specific city may have a low crime rate, the county as a whole may have a much higher crime rate. Pennsylvania has an area of nearly 45,000 square miles, and the state contains sixty-seven counties. While some are, of course, larger than others, if divided equally, each county would have an area of less than seven hundred square miles. Therefore, it may be wise to research the county in which your child's college is located and surrounding counties as well.

If your son or daughter is attending the main campus at University Park, you will want to check Centre County's crime rates. When you do, you will find that they are much lower than the national average, with thefts and burglaries being the crimes that are committed the most. Both Penn State Hazleton and Penn State Wilkes-Barre are located in Luzerne County. While Hazelton and Wilkes-Barre do not have high crime rates, the county as a whole does. The city of Berwick is located in both Luzerne and Columbia counties, and the forcible rapes rate in Berwick is much higher than the national average. It is also higher than that of Philadelphia, one of Pennsylvania's largest and most criminal cities. Of course, Philadelphia has a much higher population than Berwick, but that is taken into consideration when crime rates are calculated. Harrisburg is Pennsylvania's capital city, and it is also a city in which a great deal of crime, such as murder, rape, and assault, is committed. The city's crime rates are double and triple that of the national average. While Middletown's crime rates are generally at or below the national average, Harrisburg is located only minutes away. Therefore, Dauphin County's crime rates better reflect the risks of studying so close to a high crime area than Middletown crime rates do. When you send your child off to college, you want to be sure that he or she is going to be safe. When examining Pennsylvania criminal records, you need to be sure to look into the surrounding areas as well as the city that the campus is located in.

Wednesday, June 16, 2010

DUI - Arrest and Expungement

DUI means Driving under the Influence. Driving under the influence of alcohol or drugs and is in fact the act of using a vehicle (including boat, wheelchair, bicycle, airplane, tractor or even horse) after the consumption of drugs or alcohol or both. It is considered as a criminal offense in many of the countries. Driving while intoxicated, drunk driving, operating under the influence, drinking and driving, drunk-driving etc, all, come under the category of driving under the influence of alcohol. DUI is also considered as a serious and very dangerous health hazard.

Imagine you have been arrested for DUI. But you lost in the trial on fight to your DUI case. You think that it was really a wrongful conviction. But you just don't contest against your DUI charges. So that means a DUI conviction has been registered on your record. So now what you can do is that you can expunge your conviction!

A DUI expungement is the most convincing solution. Many do not know that a DUI expunging was possible. In fact, the most easiest and comprehensive post conviction relief available by law is DUI expungement itself. No doubt on that anyway. Also your professional aspects will also be not much complicated if you file for a record expungement. That is, by expunging your conviction you will acquire a neat record which will ensure that you won't face much worry next time you submit a job application.

With the law afforded provisions to expunge, now you don't have to live with a DUI conviction on your record forever!

Tuesday, June 15, 2010

Immigration - How to Get a Visa With the Help of an Immigration Lawyer

Are you planning to settle elsewhere? If you are seeking for greener pastures, you may find it hard to deal with immigration laws. Securing a new citizenship is no joke and there are so many things that you need to attend to like VISA and other paperwork. Millions of people want to migrate to the US, Canada, UK, and other countries but most of them fail. If you truly want to succeed in your efforts to live in another country, you should consult with an experienced attorney or lawyer. Migrating legally to another country can take years but with some help, you can shorten the time frame.

Getting immigration visa is not as easy as you think but it's not that difficult either! A qualified lawyer may be able to handle the various tasks and issues surrounding this matter. It is very important that you follow the legal process to obtain new citizenship. Your best guide is your lawyer. Before hiring any lawyer, you will need to do your homework first. Try checking with the bar association of your state or country to determine if there are lawyers specializing in this kind of business. Find the ones that are located in your local area and check them out.

You can use the internet to gather the profile of the lawyer. There are certain sites that you can use to check their backgrounds as well. Once you schedule for a meeting, you can already present your problem since initial consultation involves no cost or fees. Listen to what they have to say and in most cases, you can already tell which lawyer to pick. When you feel at ease with a certain lawyer and that person has a great background, then you've found the right immigration lawyer who can help you in securing a visa and a new citizenship.

The lawyer will handle all the legal consultation, documentation, and will represent you in all legal matters. Make sure that your lawyer provides you with updated paperwork so that you can monitor the status of your immigration visa. Acquiring new citizenship may not be easy but you can encounter fewer problems by working with a reputable lawyer. Aside from handling this kind of issue, the lawyer may also handle child adoption from other countries, migration to another country, and other relevant issues. You will need all the luck and expertise of the lawyer to get the best results.

You have to make sure that the lawyer can keep track of your immigration papers and visa. Because of this, you will need a reliable lawyer. You should be aware that the laws keep fluctuating and so being aware of the changes can put you at an advantage. In a couple of years, you can now get your new citizenship. Don't forget to ask about the fees charged by the lawyer so that you can also calculate for the expenses. You should have patience since this can take time. By finding an experienced and capable lawyer, you will have fewer problems.

Monday, June 14, 2010

Workers Compensation in Pennsylvania - Claims and Benefits

Eligibility

Employers are required by law to provide workers compensation coverage to their employees. Most workers are covered by the Pennsylvania Workers Compensation Act. Even if an employer only has one employee, that employee is covered. Those who are self-employed may be rare exceptions to this law.

If an employee is hurt on the job, his or her eligibility for work comp benefits will depend upon the circumstances of the injury. In general, you may be eligible for workers compensation payments if you are hurt on the job, make a pre-existing injury worse, or develop a work-related illness. In addition, you can request work comp payments even if you are at fault for your injury. However, accidents that happen while traveling to or from work or during breaks generally do not qualify for workers compensation, unless you are driving for your job.  

Most injuries and illness caused by a work-related accident or condition are covered under the PA Workers Compensation Act. The only ones that may not be covered are:


Injuries that are intentionally self-inflicted, including suicide
Injuries that are caused by your own intoxication or illegal drug use
Injuries that are caused by breaking the law 
Injuries that result when a co-worker attacks you for personal reasons
Injuries that result when a third person attacks you for a reason not related to your job

Filing a Claim

You should report any work-related injury or illness to your employer or supervisor right away and make sure that your employer or supervisor files an accident report. In Pennsylvania, you have 120 days to let your employer know that you sustained an injury at work. If you don't tell your employer that you were injured within 120 days, you can not receive work comp benefits. You have three years from the day you were injured to file a claim petition for an injury.

It is important to note that in PA, the Workers Compensation Bureau prints all of its forms on the same color paper. Therefore, you have to read all of the documents carefully. If you sign a document, the Courts believe that you have understood it and will enforce what you have signed, even if you made a mistake.

Payments

In Pennsylvania, you may be eligible to receive work comp payments if a doctor places you on medical leave from work for more than seven days. In order to be paid for your first seven days of missed work, you have to be off of work and under a doctor's care for at least 14 consecutive work days.

If your work comp claim is approved, the following payments may be available to you:


Medical Benefits
Total Disability Benefits (lost wages)
Partial Disability Benefits (lost wages)
Death Benefits
Specific Loss Benefits
Scarring

In Pennsylvania, payments for lost wages are approximately 2/3 of your average weekly wage, up to a pre-set maximum. Benefits can be reduced if you are receiving other payments like social security, pensions, severance pay, unemployment comp, etc.

Denied Benefits

If your work comp claim is wrongfully denied, there are steps you can take to fight the decision.

If you are going to appeal the denial of your workers comp claim, you will most likely need an attorney to help file your claim petition, handle your paperwork, and represent you at a workers comp hearing. In fact, in many cases a judge won't "hear" your case unless you have legal representation.

In Pennsylvania, there is normally more than one hearing for a workers comp case. After the documents and testimony are submitted and the case is closed, the judge will issue a written decision. If anyone involved in your case does not agree with the decision issued by the judge, an appeal is filed by an attorney. The appeals process can go all the way to the Pennsylvania Supreme Court.

Hiring an Attorney

Hiring an attorney is particularly important if your benefits are denied, if you lose your benefits, if you are in danger of losing your benefits, or if you want to pursue a lump sum settlement.

An attorney who knows the ins and outs of the work comp system can help you receive or keep your benefits. If you decide to appeal the decision to deny your workers comp claim, an attorney will help you file your claim petition, complete your paperwork, and represent you at hearings. If you receive letters threatening to reduce or end your benefits, an attorney can help you maintain them.

Finally, if you've been collecting workers compensation for at least four months, you may be eligible to receive a lump sum settlement. While this option has its conveniences, it is important to make sure that the settlement you receive is fair. An attorney can help you decide if a lump sum settlement is the best option for you, how much you should receive, and how to handle medical issues after your settlement.

Sunday, June 13, 2010

Causes Of Shoulder Dystocia During Childbirth

A shoulder dystocia is an emergency during delivery that is caused when the baby's head has been delivered but its shoulders are stuck and cannot be delivered naturally. A shoulder dystocia can be caused due to several reasons as outlined below. If any of these causes have resulted in a shoulder dystocia and erb's palsy in you or a loved one, do consider hiring an erb's palsy lawyer immediately.

Shoulder Dystocia Causes


Entrapped shoulders: Sometimes during delivery, the shoulders of the fetus may get entrapped behind its mother's pelvic bone. This can cause shoulder dystocia as the shoulders get stuck and cannot be delivered properly. In fact, this is one of the leading causes of shoulder dystocia during birth. It is also believed that applying excessive fondal pressure (downward pressure on the maternal belly) to help the baby descend into the birthing canal may also cause its shoulders to get entrapped behind the pelvis, thus leading to shoulder dystocia.

Improper rotation of baby's shoulders during birth: Since shoulder dystocia and resulting brachial plexus injuries are becoming the basis of most medical malpractice cases of late, doctors and obstetricians are doing their best to prevent shoulder dystocias from occurring in the first place. As a result, the practice of manual rotation of the baby's head is increasingly being carried out during birth. By rotating the baby's head, its shoulders can be aligned in the antero-posterior diameter of the birthing canal, which is the right position for easy delivery of shoulders. However, some doctors may rotate the shoulders improperly, thus causing shoulder dystocia.

Applying unnecessary lateral traction: Sometimes, there may be a little delay in the baby's shoulders being delivered after its head has cleared the birthing canal. This can be a natural delay and does not necessarily indicate dystocia. However, inexperienced doctors (and even some experienced ones) may not recognize the difference and can get panicked. Thus, excessive lateral traction may be applied to the baby's neck so as to free the shoulders. But, on the contrary, lateral traction only serves to push the baby's head towards either of its shoulders and they get stuck, thereby causing shoulder dystocia instead of helping it along.

Baby's shoulders folded inward during birth: Sometimes, a baby's shoulders can get folded inward during birth. When this happens, it becomes more difficult to deliver the shoulders and a dystocia can occur. In addition to this, a dystocia can also occur if the baby is mal-presented (not in the head down presentation) or mal-positioned (positioned incorrectly with shoulders first etc) for the birth.

Administering Epidural: An epidural is a type of anesthesia that is administered to help the mother during labor. It reduces the pain of labor but contractions still proceed as normal for a pain free vaginal birth. As a result of the epidural, the mother loses most of her sensation to push. When this happens, the pushing is not done naturally, which can cause the fetus to descend improperly into the birthing canal. This in turn results in an impacted shoulder, thus causing shoulder dystocia.

Improper use of forceps during birth: Forceps is a medical device that is used to assist the birthing process. A forceps looks like a pair of tongs and typically grips around the baby's head so that the baby can be assisted out of the birthing canal. It is true that forceps can be very effective in difficult deliveries, but when used improperly can also cause severe injuries. In the chaos of labor and especially when it is not progressing smoothly, it is all too easy for the doctor to grip the forceps too tightly, thus injuring the baby in the process. Incorrect handling of the forceps can also turn the head of the baby in the wrong direction, thus impacting its shoulders and causing shoulder dystocia.

Incorrect use of vacuum extractor: A vacuum extractor is another medical product that is used to assist deliveries. The soft plastic cup of the vacuum extractor is affixed to the top of the baby's head, and then the doctor applies vacuum pressure gently, thereby moving the fetus into the desired proper birthing position. However, it is possible for too much pressure to be exerted by the doctor, which can cause nerve damage leading to brachial plexus palsy. In some cases, excessive suctioning or incorrect maneuvering of the baby inside the birth canal can lead to shoulder impaction and eventually shoulder dystocia.

Thus, as is evident from the above, many factors can cause shoulder dystocia during birth. And the most unfortunate part in all this is that most (if not all) these causes of shoulder dystocia can be prevented by adopting standard birthing maneuvers during birth and by using medical birth products properly.

If you have a child who has suffered shoulder dystocia during birth and has subsequent brachial plexus injuries like Erb's palsy, you may have grounds for a valid Erb's palsy lawsuit. Do get in touch with an experienced shoulder dystocia lawyer to determine whether your child can be financially compensated for its brachial plexus injuries.

Saturday, June 12, 2010

Ohio Lawyers

The Supreme Court of Ohio is the highest authority controlling the practice of law in Ohio. Before being permitted to practice in Ohio, a lawyer must receive a law degree from a law school approved by the American Bar Association. If a lawyer attended a law school within Ohio, the school should be a member of the League of Ohio Law Schools. After obtaining a law degree, a candidate for admission to the Ohio bar must pass a background check, successfully complete a bar examination, and take an oath of office. The lawyer is then officially granted the title of attorney and counselor-at-law, and may practice in any Ohio court. To practice in a federal court, the attorney may need to pass additional examinations on federal law in certain jurisdictions.

A lawyer may be hired for a number of reasons. If an individual is arrested for a crime, or is named as a defendant in a civil or criminal suit, a lawyer is almost always needed. In other cases, such as real estate transactions or bankruptcy proceedings, the need for a lawyer may not be immediately apparent. When in doubt, a good rule of thumb is to seek preliminary legal advice. Not doing so may jeopardize one's legal position later.

With the many differences in laws from state to state, it is always a good idea to hire a local lawyer who is familiar with legal procedures in a particular state. Finding lawyers in Ohio is relatively easy. The Ohio State Bar Association website provides links to members of this voluntary association, and to regional and local bar associations. Most of these associations offer lawyer referral services to help make the search for a suitable lawyer easier. Friends, family members or other trusted individuals might also be able to provide word-of-mouth referrals.

Friday, June 11, 2010

Have You Been Arrested For a DUI in Erie, PA?

Ask These Questions Before Hiring Any DUI Attorney In Erie, PA

If you have been arrested for a DWI / DUI in Erie, PA, you certainly want to have the best legal defense possible. As you sort through the available attorneys in Erie, PA, you may start to feel a bit overwhelmed and wonder how you can possibly determine which attorney is right for you.

To help you identify the best DWI / DUI attorney in Erie, PA for your case, there are several questions you should be prepared to ask any attorney you are considering. Here's what I think are important:

* How long have you been defending DUI cases in Pennsylvania?
* How successful have you been at getting DUI charges reduced or dropped?
* What procedures do you follow in order to achieve the best results?
* What kind of honors or awards have you received in your field?
* How are your fees determined?

When searching for the best DWI / DUI attorney in Erie, PA for your case, look for someone that has defended numerous cases and has experience defending cases in the state of Pennsylvania.

Since DWI / DUI laws are different from state to state, you don't want to take a risk with a lawyer that has only limited experience defending cases in Pennsylvania.

Of course, you also want to find a DWI / DUI attorney in Erie, PA that has a proven track record of successfully helping clients defend their cases.

If you are facing a DWI / DUI in Erie, PA, get help from an experienced attorney. Hire an attorney who has handled thousands of DUI cases with experience and a track record that speaks for itself.

Thursday, June 10, 2010

Why Hillary Clinton Should Divorce Bill Clinton Now

I'm not one to condone or encourage divorce for any typical couple. But then, is there anything typical of that celebrity couple known as Bill and Hillary Clinton?

The pair met at Yale Law School in 1970 in a civil liberties class. Bill later proposed to Hillary with the words, "I bought that house you like, so you better marry me because I can't live in it by myself" (About.com). The couple tied the knot on October 11, 1975 in that brick house Bill had purchased. The couple's only child and daughter, Chelsea Clinton, was born on February 27, 1980. That makes her 28 years of age as of 2008.

Much has happened since then, as the Clinton's marriage has been tried by fire in the public square, much of that trial due to the womanizing ways of Mr. Bill Clinton, who some diagnose with sexual addiction. And it is for that very same reason that some Americans savor the thought of Hillary divorcing Bill, if for no other reason, that he would bear some consequences, in this lifetime, for his numerous adulteries, despite Hillary's seeming faithfulness to him.

For the entertainment value of that thought, I say if there ever was an opportune time, the perfect time for Hillary to dump Bill, all indicators point to the present moment. Who is to say that through recent years, dating back to Mr. Clinton's eight years on Pennsylvania Avenue, that Mrs. Clinton has not been contemplating, if not outright seeking, an occasion to dump Bill? This is your moment, Hillary. Go for it.

Here are a few reasons for this salivating notion.

1. The obvious: Hillary Rodham has put up with too many affairs by her floundering husband. How many incidents of infidelity can the female soul take and stay sane within the bonds of matrimony? Doing nothing drastic about Bill's many cheating belies Hillary's strong woman image.

2. At long last, Chelsea Clinton is now a true adult. She more than proved her maturity by her brilliant and relentless campaigning for her mother during the primary elections. Since there is no longer a need for Hillary and Bill to stay together for Chelsea's sake, why not call it quits? The overdue divorce may even give Chelsea the opportunity finally stop making excuses for Dad, while at the same time, giving the nod to Mom for taking action. Chelsea may just pat mommy on the back: "I wouldn't take it from any man either, Mom. I don't blame you one bit."

3. The huge political reason: When the moment finally came for Bill Clinton to deliver the largest alimony payment for all that he has put his poor wife through all these 33 years of marriage, he failed to deliver the goods. You see, it is quite possible that Hillary has held her nose all this time, knowing that one day Bill would catapult her to the racks and reins of power. Yest, he sort of helped her to some extent, because, thanks to him, Hillary became the First Lady of the state of Arkansas, then First Lady of the United States, follow by becoming a Senator from New York. However, those accolades were supposed to only pave the way for the Big One: Hillary Clinton winning the Democratic Party's nomination in the race for president of the United States of America. And how did Mr. Clinton perform for the Big Mo? He flat out failed his faithful wife. He just could not deliver this long-awaited alimony check that would finally cause Hillary wipe the slate clean for Bill's cheating. So if he could not bring home the goods, of what real use is he to Hillary now?

4. Mr. Bill Clinton might have actually caused Hillary the Democratic nomination for the 2008 primary elections, after all. Can we fully explain how Hillary went from "It's her turn, she's got the nomination all but wrapped up" to losing to Barack Obama, the rookie Senator from Illinois, a guy loaded with much baggage, a guy who has never held one executive office, and perhaps the most liberal person who ever ran for America's highest office? No loops around it, one reason Hillary lost to Barack was Bill Clinton ~ his careless remarks and insinuations about Obama being another Jesse Jackson, injecting race into the campaign, his childish tirades and temper tantrums on the campaign trail, his giving the impression that a Hillary Clinton presidency could be a third term for President Clinton. Bill has become too costly to Hillary's political future.

5. As the present-day default feminist queen, evidenced by her recent political acumen, Hillary Clinton no longer needs Bill to forge ahead to higher office. In years past, Hillary needed to ride Bill's charismatic coat tail into the the brightest spot of public limelight. Now that she has some credentials of her own, Hillary can now position herself in the cockpit and take off to her own destiny. Bill need not be a passenger, if she does not want him to come along for the ride. She is currently the most famous and most influential Senator from New York. Also, Hillary is the first female to ever get this close to winning the nomination of a major political party in the history of the United States. To add stars to her crown, with nearly 18 million votes cast for her, Hillary rightly claims the record as the candidate who won more votes than any candidate, male or female, in a primary election. All that means one thing: the woman can now stand on her two feet in the political arena; she no longer needs to lean on Bill's everlasting arms.

6. Bill Clinton has become a political liability to his wife. In other words, Bill has become Hillary's bill, a bill she may keep paying and paying to her political demise...again and again, for the highest office on American soil. Worse than contributing to Hillary's loss for the 2008 primary, Bill may cause her to lose in the next national race, whether that come early in 2012 or later in 2016. Hillary cannot afford to allow Bill a center-stage role again in her next national campaign. All across America, as there are millions who are Clinton fanatics, there are greater numbers of voters just as devoted to standing in the way of Mr. Clinton's return to the White House. As long as he remains visible in her campaign, the adversaries of the Clintons will continue to interpret a Hillary presidency as a continuation of Bill Clinton's regime. Hillary can't wait for the radio and TV commercials to start painting that picture. She must ditch Bill before the Republicans can take to the airwaves with ads about "Bill Clinton's Third Term".

Thus the most brilliant political move Mrs. Clinton can make at this point on her power trail is to divorce Bill, plain and simple. She must do so while she is awash with a vast chest of political capital, though she may still be lagging her 2008 campaign bills. Besides, dumping Bill will add to Hillary's persona as a feminist icon. Feminists will grade her, no, they will adore her as a strong and smart woman even the more. Simply put, her divorce of Bill, if she initiates the breakup, will be cause for celebration throughout Feminist Nirvana. And that can mean nothing but more votes in 2012 or 2016.

So I say, more power to you, Hillary! Bill must go! Bill must go!

Wednesday, June 9, 2010

Credit Card Statute of Limitations in Pennsylvania

Credit Card collection lawsuits are on the rise across the country. We especially notice the increase in claims here in Pennsylvania based upon the volume of phone calls and emails that I receive on this topic.

One of the biggest questions that I receive is "What is the Statute of Limitations for Credit Card Debt"? The quick and easy answer is four (4) years. (Unless the contract is under Seal, which makes the SOL 20 years. Most Credit Card contracts are not under Seal).

The next question that must be answered on this topic is "When does the Statute of Limitations begin to run"?

Generally, it starts on the date of the default, which is typically 30 days after you have made your final payment. However, the date of default is not always the same as the start of the Statute of Limitations. Let's look at a fact scenario to explain this. Joe has a credit card account with Superbank. Joe makes payment for several years, then misses 3 payments. That will constitute a default. The Statute of Limitations begins to run with the default. Then, Joe makes 3 more payments and stops, creating a second default. The Statute will begin to run from the second default, not the first, so the Statute of Limitations will be 4 years from the date of the second default.

As a separate issue on this topic, we must discuss what the Statute of Limitations means to you. This law does not prevent a credit card company or collection agency from suing you. I tell my clients that anyone can sue you for anything at any time. What the Statute of Limitations does is give you a defense to the lawsuit, meaning that you have to affirmatively raise this defense, in writing, to the court. The court will then look at the facts involving your case, including the date of default, and then determine whether the claim against you has been timely instituted.

Tuesday, June 8, 2010

Negligence - When Does an Accident Create Legal Liability?

The law in Pennsylvania has special provisions about when children can be held responsible for their negligence (carelessness resulting in harm to another or themselves). Under certain circumstances, children are held incapable of negligence and, in others, they have to take legal responsibility for their careless acts.

A special rule applies when someone attempts to sue a child for negligence and when someone tries to defend a negligence lawsuit brought on behalf of an injured child by claiming that the child was guilty of negligence that contributed to causing the child's injuries (contributory negligence). The rule is age-based and the rationale behind it is that, below a certain age, children should be assumed to be incapable of guarding against danger, but as children get older, they are capable of being more careful.

Pennsylvania law conclusively presumes that a child under 7 years old is incapable of negligence. So, a child under the age of 7 cannot be held legally liable for negligent acts and someone defending a case brought by an injured child under the age of 7 cannot defend the case using an argument that the child was guilty of contributory negligence.

At age 14, children are presumed to be capable of negligence and can be held liable for the actions unless it can be proven that, for some reason, such as lack of intelligence or experience, it would unfair to hold a child liable.

Children between the ages of 7 and 14 must be looked at on a case-by-case basis to determine whether or not they exercised care consistent with an average child of the same age, intelligence and experience. Between the ages of 7 and 14, as a child gets older, it is more likely that he or she will be held responsible for negligence.

The law does not judge children by adult standards, such that even a 15, 16 or 17 year old will not be expected to exercise the care of an adult because children of such ages do not have the experience and wisdom of adults. Instead, children are required to exercise the care of an average child of the same age, intelligence and experience, and will be held negligent only if their conduct falls below that standard.

In Pennsylvania, children are considered adults at age 18 and, at that time, can be held liable for negligence or contributory negligence. However, prior to age 18, these special rules must be applied to determine whether or not a child can be held responsible for careless actions.

Monday, June 7, 2010

What is Vehicular Homicide?

Every day, drivers on U.S. roadways encounter accidents and collisions ranging from minor "fender-benders" to multi-car collisions. At best, accidents cause little or no damage to the cars in question and no injuries to drivers or passengers are sustained. At worst, accidents may result in lives lost and major property damage. If an individual is found guilty of causing an accident resulting in the death of another person, he or she may be held liable for the death and damages.

If a fatal car accident is caused by the negligence of one of the drivers involved, the driver at fault may be charged with vehicular homicide. In most states, vehicular homicide is a felony criminal charge, and the level of the charge often depends on the circumstances surrounding the case. If the individual had intent to harm others or was intoxicated at the time of the collision, the severity of the punishment is likely to increase.

In many ways, vehicular manslaughter can be related to assault charges, and the vehicle is often considered a weapon in many cases. Drivers are often unaware that their vehicle can be considered a weapon, but the speed and power of automobiles make them extremely dangerous in the hands of irresponsible and negligent drivers.

Drivers who are involved in fatal accidents may be charged with first degree vehicular homicide if they were driving in a reckless manner, were under the influence of drugs or alcohol, injured someone while overtaking a school bus, or were fleeing from law enforcement officers.

Second degree vehicular homicide charges usually arise from drivers who have committed less severe infractions and unintentionally killed another person. Such incidents often include drivers speeding, driving too slowly, failing to yield, or other minor traffic incidents that are not necessarily considered "reckless" driving.

Accidents involving the death of a driver or passenger are tragic events that should be avoided at all costs. Drivers should make sure to obey all rules of the road, practice defensive driving, and strive to protect themselves and others on the road. Alcohol should be consumed responsibly and individuals should never get behind the wheel while intoxicated. Drivers and passengers alike should wear seat belts at all times and children should be properly restrained.

If you would like more information about vehicular manslaughter and wrongful death laws in Pennsylvania, visit the website of the Pennsylvania wrongful death attorneys of Lowenthal & Abrams.

Sunday, June 6, 2010

DUI Lawyer - Find the One Who Can Help You Fight Allegations

If you have been accused of driving under the influence, you face several types of punishment. They likely include fines, loss of your driver's license, and possibly jail time. Though punishment varies by state, the rules have become much stricter in the last several years, so you can expect harsh consequences. Avoiding at least some of them is possible, but typically only if you have a DUI lawyer.

Most cases involving drunk driving are not clear cut. Though all states have a legal blood alcohol content limit, or BAC, you could even get in trouble if your BAC is below it. In some cases, if you have one drink, wait an hour, and then drive and get pulled over, you can get into big trouble. Even if you are not affected by the alcohol anymore, if there is a trace in your blood, you can face fines.

A DUI lawyer is likely to know the loopholes and little known rules that could get you out of a conviction. Considering that most fines are thousands of dollars, not to mention the cost of your car insurance in the future and missing work due to jail time, hiring a DUI lawyer is well worth the money.

There is a lot of room for error when you get in trouble for drunk driving. The police first have to note whether you look or act under the influence, which is what leads them to give you a battery of tests. Then you will usually take a field sobriety test, which typically does not have clear cut answers.

Again, it is up to the officer to decide if you seem drunk, and a policeman who is biased for some reason just may decide that you are definitely drunk, whether you are or not. It is your word versus the police officer's in court, and if you go alone, you will likely lose.

Another issue with the system is the equipment used. When you take a breathalyzer test or blood test to determine your level of intoxication, it is possible for the equipment to be wrong. Unfortunately, many people believe that such tests are always right, and may base their judgment on that alone.

Many machines have been found to be out of date, broken, or not calibrated, which means that their results are likely wrong. You cannot determine that on your own, though. Even if you know you were not drunk, you have no resources and no way to test the equipment. You also cannot determine whether the police officer was biased or incorrect. However, a good DUI lawyer can, saving you thousands of dollars and your dignity.

Saturday, June 5, 2010

Ohio Divorce Lawyers

Divorce can be a very traumatic experience in a person's life. Divorce refers to the legal separation and termination of a marriage. Divorce laws vary from state to state. To file a divorce lawsuit, a complaint should be registered. The spouse who registers the complaint is called the plaintiff and the other spouse is the defendant. To file a divorce case in Ohio, individuals should contact proficient lawyers who have adequate experience and specialization in Ohio Family laws. In Ohio, divorce can be granted on grounds of 'no-fault' and 'fault.' 'Incompatibility' and 'living separately for a year' fall under no-fault grounds. Fault grounds include reasons such as bigamy, adultery, cruelty, fraudulent contract of marriage, gross negligence of duty, alcohol addiction, imprisonment and out-of-state divorce.

The repercussions of the divorce affects all the members of the family and the experience can be quite overwhelming. The children of the couple, if any, tend to feel tremendous pressure during this period. Divorce lawyers are aware of the stress their clients go through during the court proceedings. Divorce lawyers well versed in family laws take care of all the other issues linked with the case, such as alimony, child support, child visitation and child custody agreements.

Individuals have to sign a retainer agreement with their divorce lawyers. This agreement includes, all the details of the fees charged by the lawyer for his services. It is important to understand all the terms and conditions mentioned in the agreement. Ohio divorce lawyers generally charge on hourly basis. Some lawyers offer ?unbundled? legal services. They charge only for the legal advice they provide to their clients.

Many Ohio divorce lawyers offer free consultations online. Individuals can look for a lawyer on the Internet or seek references from friends and family. Individuals can also contact the local bar association for assistance. Individuals should try and fix an appointment with a few lawyers and then decide on the lawyer who can best handle their case. It is advisable to know the exact fees of a lawyer before hiring him/her.

Friday, June 4, 2010

Suing the Government

A personal injury lawsuit can be filed against a government entity; it is especially important that you speak with a personal injury attorney as soon as possible after you sustain your injuries. There are special rules which apply to filing a lawsuit against a government agency; if these rules are violated, you may lose your right to recover any damages from the government.

There is a different procedure for making a claim against the government for personal injuries, as opposed to a private party defendant. In most states, there are Tort Claim laws regulating claims against the government. These laws generally require that you file a claim with a government office quite quickly after you sustain your injuries. The statute of limitations which applies to other civil suits does not apply to the government; thus, if you live in a state with a two year statute of limitations (e.g. you must file your personal injury lawsuit against a private party within two years of sustaining or discovering your injury) but a ninety day period to file a government claim, the ninety day time limit will control your personal injury claim against the government. If you try to file your claim late, you risk losing any damages you might have been able to recover from the government defendant.

As with any other personal injury lawsuit, you can only successfully sue a government entity for your personal injuries if you can prove that the government is somehow responsible for your injuries. As you now know, you will need to move very quickly in filing your government claim. You and your personal injury attorney will have to decide together whether the government is a potential defendant and file a claim before you have the opportunity to fully research the strength of your case. The government may be clearly responsible (a city trash truck rear ends your car) or its involvement may not be as direct (a city engineer designed the intersection where your car accident occurred.) Again, it is extremely important to quickly but thoroughly analyze your claims against the government with your personal injury attorney.

The claim you file with the government must set forth the reason you think the government is responsible for your injuries; for example, you might file a claim in a slip and fall case in which you allege that the government knew a section of the public sidewalk was dangerous, was unreasonable in its failure to remedy the condition, and you were injured because of the sidewalk's condition. The government will then decide to either grant your claim or deny it. If the claim is denied, you and your attorney can file a suit against the government and any other defendants in civil court. The denial of your claim is a prerequisite to the filing of this civil suit.After your lawsuit is filed, the case against the government defendant will proceed as against any other defendant

Thursday, June 3, 2010

Pennsylvania DUI Law

The state of Pennsylvania has a set of rules for DUI cases, which may be referred to as drunk driving, driving under the influence (DUI), driving while impaired (DWI) or the new driving after imbibing (DAI). A DUI / DAI arrest will trigger two cases: the court case, with a variety of potential consequences including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more; and the driver's license case, where the Pennsylvania Department of Transportation (PennDot) will seek to take away the driver's license in a separate action.

There are also laws related to driving under the influence of drugs. This means that if arrestees have any measurable amount of a specified drug in their system, they will be punished. The law has a three-tiered system, where the punishments are decided based on the alcohol or drug level in the blood. The higher the level, the harsher the punishment.

According to Pennsylvania law, any person driving a car has given implied consent to one or more chemical tests of the breath, blood, or urine, if an officer has reasonable grounds to believe the person had been driving while impaired. If the driver refuses, then they will have their license suspended for 12 months, and 3 days of compulsory imprisonment. If the person is convicted of DUI or DAI charges, then the suspension will be in addition to the abatement of DUI or DAI statement. And the person is not entitled to have an attorney present for this particular test.

Wednesday, June 2, 2010

Divorce in Pennsylvania

Many state have different laws about getting getting divorce. Some states find fault with one party and say that party is the cause of the troubles. Other states say it is nobody's fault.

Pennsylvania is what is know as a no fault state. You can have all the affairs you want and the state basically says its not your fault or your spouses fault. When you file for divorce, the reason given is irreconcilable differences. One spouse cheated and the other one did not. That is the difference That can not be remedied.

The state of Pennsylvania does not recognize a separation. You are either married or divorced. So unless you want to stay married to a cheating spouse, file for divorce.

When you file for divorce, the party that makes less money can file for what is called support while the divorce proceedings are going on. The person who makes more money will most likely have to pay the other person some money to "support" them while this whole process is taking place.

The next thing is alimony. In Pa., alimony is awarded 1 year for every 7 you were married. If you have not reached the 7 year mark, consider yourself lucky. You will not be hit with this.

If you have children, there will be child support awarded to whichever parent has the kids. If you make more than the other person and end up with the kids, the amount of child support will be deducted from your alimony payments. This leaving you with less of an alimony payment.

The divorce process in Pa. can take up to two years. One party can drag it out that long. After 2 years the judge will enough, rule on who owes who what and who gets what then issue the divorce decree.

There you have a few highlights of what divorce in Pennsylvania is like.

Tuesday, June 1, 2010

Where Should I Look For My Car Insurance?

It can be hard to get your auto insurance, so a bit of advice can be much easier to handle. Here are some tips on how your car insurance sorted with as little effort as possible:
Where should I look for my car insurance?

There are many Web sites, online comparison, in which you are looking for cheap car, but there is a site that has all vehicles from insurance companies to find, this is due in part to companies like Direct Line and Norwich Union refuse, they are on websites. The best thing to do is go shopping in the pages to compare car insurance quotes from a variety of different insurance companies.

Third party or fully complete?

This is a question that most people are hard to answer. Liability insurance is only for the other person if the cost were to crash, so when you have an accident, where is your fault, or if not for the other driver details, you are not eligible for any money. On the other hand, pays full insurance for all situations, but of course that much money again. If you have an old car can get better coverage of others, that may not be worth the extra money for global coverage, whereas if your car is new and expensive, it is likely worth paying the extra costs.

How to reduce your insurance premium

It is a well known fact that women tend to pay lower premiums than men, like this, married couples tend to pay less than those who are not married. On the other hand, young drivers are known for very high premiums. If you are a young rider under 25 years old, you can find it on a pay-as-you-go system works best for you, because these systems reduce the cost of their premium for control of their driving habits . Another option lets you save money on the cover is by paying every year, rather than on a monthly basis, as it will have to pay extra for the monthly payment. Another bit of advice is to make sure they are not any tickets for speeding, as they increase the amount you pay for several years in their premiums.

Not always opt for cheaper insurance

It is important that you make sure you compare all have a policy of the information before it. One of the things that people tend to forget is the amount you'll pay for the excess, which is usually quite high in the cheapest car insurance policy. It is also important to check that you have entered all your information is correct as any incorrect information may result in your policy is invalid.