Posted by Ricky on Aug 12, 2016 in divorce | 0 comments
Though divorce would end spouses’ marital relationship with each other, there are instances when it will not end one’s financial responsibility over the other. This is due to alimony or spousal support, one of the divorce-related issues that need to settled by the spouses.
Alimony is a court-ordered financial provision or support for a spouse after divorce. This support is paid to one to help make sure that he or she will not live a financially-burdensome life, but rather get to live, somehow, the lifestyle he or she had during the marriage.
After divorce, courts make sure that the spouse and the children are able to continue to enjoy the standard of living that they used to enjoyed. Thus, if one spouse gave up all chances for professional and economic growth for the sake of his/her partner and their family, then the court will require the more financially able spouse to provide financial support for his/her former partner upon divorce (and even while their divorce case is being settled).
Traditionally, the recipients of alimony were women since it was them who were required (under societal standards) to cease work and care for the home after marriage. The duty of the husband and father was, of course, to provide for the needs of the family.
Modern life’s circumstances have greatly changed, though. While more and more workplaces are being populated by single women and mothers, more and more husbands and fathers find themselves without work, requiring them to contribute more time to child-care and in the performance of house chores instead. The earning capacity some women has changed too. Today, some women are able to occupy major company positions: this means much higher pay, of course. Due to these significant changes in women’s economic situation and opportunities, the recipient of alimony can now be a husband rather than a wife.
Alimony is a court-mandated monetary payment that one spouse should make to his/her former partner; it is also known as spousal support or spousal maintenance. Courts consider the following factors when deciding on the issue of alimony,:
- Earning capability of both spouses;
- Age and health of the spouses;
- Earned income, potential income, and assets of both spouses; and,
- Duration of the marriage
Failure to pay spousal support can merit the contempt of court. The punishment accompanying this failure can include fines, imprisonment, wage garnishment, liens on property and seizure of earnings, such as earnings from tax refund.
According to the law firm Marshall & Taylor PLLC, the personal sacrifices made by a spouse, like sacrificing professional opportunities for another spouse’s career, makes such spouse worthy of receiving spousal support. How much support is needed and necessary, however, depends on many different factors that may require the help of professionals, such as an accountant and/or a seasoned alimony lawyer. Having a knowledgeable alimony lawyer on your side may just be the legally advantageous and help you get the right amount of financial support that you need.
People are in deep pain when their younger loved ones are involved in car accidents. Compared to adults, children’s anatomy is weaker and are not as able to withstand impacts of vehicular collisions. Since younger vehicle passengers whose age is below 12 cannot be protected by seat belts, vehicle owners are required by the law to use car seats to protect their children from harm. However, children restrained in car seats are also at high risk of sustaining serious bodily injuries if their car seats’ design is flawed.
The National Highway Traffic Safety Administration (NHTSA) is vigilant in making sure that all child car seats are free from any defects. In fact, there have been millions of child car seats manufactured by different companies recalled not long ago. Product recalls are issued to fix a particular defect that may cause the product to malfunction and eventually cause harm to intended users. Some child car seats were recalled due to defective buckles that may stuck and prevent the occupant to be immediately removed from being restrained during emergency. Like in the case of massive Graco recall issued in 2014, 3.7 million various models of child car seats were voluntarily recalled after some buckles became difficult to unlatch due to stuck food particles and liquid spillage in the buckle components. Younger children are at high risk of sustaining serious or fatal injuries in car accidents when the car seats that are supposed to protect them are defective. Children who are trapped to their defective child car seats are at high risk of suffering burn injuries that can be fatal when the vehicle they are riding had a collision with another vehicle.
The Cazayoux Ewing Law Firm states on its website that the leading cause of children’s death is motor vehicle crash. In 2013 alone, there were 638 children whose age is 12 and below were killed in vehicular accidents and over 127,250 children of the same age sustained injuries.
Posted by Ricky on Nov 10, 2015 in Guns | 0 comments
Contrary to what movies show you about gun suppressors (or silencers, as they are more commonly known as) are not a silent as they were depicted to be; if you ask seasoned silencer users they will tell you that can be noisy, unstable, and may not be worth it depending on the type you get. There a many things to be considered regarding gun suppressors, and the owner should be ready to do what is necessarily to maintain and keep the gun suppressor in the best shape. As with majority of things in the world, a well-designed, well-made, well-understood, well-practiced with, and well-maintained gun suppressor will be a very effective tool.
The most effective gun suppressors are heavily used in the military because they are effective in reducing the detectable sound, muzzle flare, and blast disturbances on the ground. They are generally used for two practical reasons: as tools for stealth meant to conceal the source or instance of the gun fire or to fully suppress the sound and flash for regular munitions. Despite being somewhat similar, both of these reasons may serve different purposes and may therefore need different training and equipment.
There are three types of gun suppressors; the quick detachable, thread-on, and integral. For those who wish to have the best sound reduction, integral suppressors is the perfect type to choose. This is because they are made as part of the gun barrel itself and thus lessens the sound from the moment the trigger is pulled, causing a more suppressed sound and flash as well. For those wanting to get monolithic integral suppressed barrel products, they have to be ready to spend more than the other gun suppressors options. Furthermore, they can have practical limitations on active environments. They would require a complete barrel replacement when they become damaged, and can make the firearm heavier, longer, and bigger.
Because of the effectiveness of gun suppressors and the possible danger that they may be misused, they have been subject to heavy regulation policies. Despite being made available to for use and ownership in 41 states, any crime that resulted in the use of gun suppressors has grave penalties and fines. Additionally, those who wish to own them will have to pay extra fees and go through additional registration steps. Regardless, they are important and very helpful in shooting activities.
Car accidents happen with alarming frequency all over America. According to the United States Census Bureau, an overwhelming number of motor vehicle collisions were reported annually between the years 2005 until 2009. All in all, the data gathered by the bureau showed that an average of 10.6 million accidents occurred annually in the span of 5 years.
A significant portion of these reported accidents led to injuries that vary in severity. Serious collisions are known to cause life-threatening conditions such as spinal cord damage and brain trauma. And while their injuries may seem less alarming, victims of minor collisions are also left to suffer injuries that may leave them incapacitated for some time. An example of such an injury is whiplash.
Whiplash is a condition that affects a person’s ability to move their head and back. It occurs when the neck is forced to move in a rapid back-and-forth movement, just as a whip would move when making its noteworthy cracking sound. This type of injury is typically the result of rear-end and sudden-stop collisions. It usually begins as pain and stiffness in the neck, which eventually worsens through time. According to the website http://www.cazayouxewinglaw.com/, other symptoms include severe headaches, pain or weakness in the arms, and pain that radiates throughout the back and neck. In more alarming cases, whiplash is also known to nerve and muscle damage, as well as tears and hernias to the spinal disc.
Without proper treatment, whiplash is also known to lead to several complications. The pain caused by the injury can severely affect a person’s mobility. The immediate need for medical attention cannot be emphasized enough as treating whiplash can take several months. Car accident victims who suffer from the injury will need to undergo a process of pain management, physical therapy, and exercise in order to make a full recovery.
Posted by Ricky on May 2, 2015 in Slip and Falls | 0 comments
Premises liability is when an accident occurs on the property of another due to the negligence of the property owner. An individual is due certain rights when invited onto the property of another individual. One such right includes due care of the property owner to warn of hidden dangers that may cause injury to a guest or licensee. When the owner of the property fails to take precautions in warning others of possible danger, they are liable for the injury caused by their negligence.
There are three categories of individuals that step foot onto the property of another: invitees, licensees, and trespassers. While trespassers often do not have the same privileges as invitees, some states do protect trespassers in some capacity. Licensees, or persons that have implied permission to enter the property for their personal purposes, such as the mailman or Girl Scouts, are required to be given reasonable care in warning of hidden dangers.
Invitees are the main recipients of injuries due to negligent land owners since this category of visitor generally spends the most time on the property. Slip and fall accidents are the most common in premises liability cases. Slip and falls can occur due to defective staircases, wet or slick floors, unsecured carpets, broken floors, or hidden cords.
Reasonable care is defined as taking precautions and considerations that a reasonable person would conduct in the same situation. This generally includes fixing dangerous areas around the house or warning guests of these hazardous areas. If and when the owner is aware of a spill, dangerous surface, or other risk, they are required to remove or repair the space. According to Memphis personal injury lawyers, these preventable incidents may result in serious injury that may require the victim to suffer prolonged physical and emotional pain.
If you or a loved one slipped and fell while on the premise of another due to the negligence of the owner of the property, consult a personal injury lawyer in your state to discuss your legal options. You may be entitled to compensation.
Personal injury claims, including car accidents, have two main categories for damages that the injured party can receive compensation for. Special damages refer to the economic damages that cover for easily computable losses, such a medical bills, lost wages, and damages to property. What may be hard to compute [pdf] are the general damages, which cover for the pain and suffering that the injured party endured because of the accident. General damage account not only for the physical discomfort and pain, but also for the emotional and psychological distress linked to the accident and injuries.
According to the Ausband & Dumont Law Firm, special damages are easy to compute because they can be presented with hard evidence such as medical records and police reports. General damages, in the other hand, can be subjective. It can be difficult to put a dollar amount on the general damages, but there are two methods that are commonly used to help compute for the amount of pain and suffering in settlement compensation: the per diem method and the multiplier method.
Per diem, or “per day” refers to the idea of demanding a particular monetary amount for each day of enduring the pain caused by the car accident. What can make this method complicated is how you can justify the daily rate that you would use. A more reasonable way to calculate this is using your current daily earnings; you argue that the effort of going to work is equal to enduring with the pain caused by the accident. This method, though, is only applicable for short-term injuries; injuries that are long-term or are permanent may require the help of a lawyer for a more comprehensive settlement compensation according to the related settlements and verdicts in your state.
The multiplier method is the most commonly used approach and is applied by adding all the special damages and multiplying them with a number (between 1.5 and 3, depending on the multiplier and level of damages). The multiplier will based on certain factors like the severity of the injuries the forecast for complete recovery, the impact of injuries to your daily routine and the degree of liability of the at-fault person. It is the generally the most frequently used method applied by insurance companies and can greatly affect the result of the settlement compensation.
Posted by Ricky on Jan 4, 2015 in Slip and Falls | 0 comments
Slip and fall lawsuits are primarily premises liability cases because the premises owner is considered to have been negligent in taking reasonable steps to ensure the safety of people while on premises. This can include uneven or slippery floors without the requisite warning signs, defective stairs, or faulty construction that leads to injury of death. Many slip and fall accidents are reported every year and as pointed out on the website of Abel Law Firm, some injuries are quite serious. However, the fault for all slip and fall accidents cannot always be attributed fully or at all to the premises owner because the victim is also expected to take reasonable care of their own safety.
In Oklahoma and in many other surrounding states, slip and fall accidents fall under personal injury claims conditioned on comparative negligence. If the victim is at partly at fault in the accident, the victim may still claim compensation from the premises owner provided the percentage of fault (which is determined by a jury or judge depending on the circumstances) is not greater than that of the defendant or defendants combined. Moreover, the damages awarded will be reduced by the percentage of the plaintiff’s share of the blame.
For example, if the jury finds that the plaintiff was 10% at fault for an accident and decides on a $10,000 award, the plaintiff will only receive $9,000. However, if the jury finds that the plaintiff was 52% to blame for the accident, no award will be given. This is referred to as a Modified Comparative Fault–51% Bar, and it is codified under Oklahoma Code § 8132.
Determining fault in slip and fall accidents is obviously a major factor in the success of a lawsuit, so an experienced personal injury lawyer will first determine if a case has merit before embarking on litigation. If the lawyer determines that the plaintiff is more to blame for the accident than the defendant, it is apparent that the lawsuit will not prosper. On the other hand, it is the responsibility of the lawyer in a questionable case to present evidence that the defendant is more at fault. If you are considering a slip and fall case, make sure that you consult with a competent lawyer prior to doing anything else; it will save you a lot of time and money. Contact an Oklahoma personal injury lawyer today to discuss your options.
As of May 2014 the US Centers for Disease Control and Prevention’s records show the existence of 16,100 nursing home facilities all across the country and about 1.5 million residents. A little over 15,000 of the nursing homes are certified, while the residents are made up of elders, aged 65 and above, accident victims and physically or mentally incapacitated individuals, all in need of rehabilitation, medical and therapeutic care. These residents, who have either been weakened by age or incapacitated by their illness, such as Alzheimer disease, turn, instead, to nurse aids and staff for help and assistance even for the most basic activities, such as eating, toileting, and bathing, getting dressed, and so forth.
The main purpose of nursing home facilities is to provide daily care and assistance to its residents; sadly, however, records from the American Association for Justice reveal that so many nursing homes still lack the required number of staff/ nurse aids as well as certified nurses to enable them to provide sufficient, quality care. More alarming than this, however, are the reported cases of nursing home abuses committed by the staff themselves or by co-residents who are coerced by the staff. Many victims of abuse, though, are never inclined to talk due to shame and fear.
Types of abuse include physical, emotional, financial, and sexual, which is the most humiliating and least reported. Physical abuse, which also causes emotional trauma to residents, are usually committed through direct physical harm, withholding medical care, not being fed on time, intended delay in treating wounds, such as bed sores, non-assistance of residents in performing needed activities, failure to give hygienic care, and many others.
The federal Centers for Medicare & Medicaid Services (CMMS), in recognizing the invaluable efforts of nursing home facilities to provide only the best of care to their residents and to help families look for the best nursing homes in their (or nearby) state, has come up with a list of nursing homes that ensure the best (quality) care, provide a supportive environment, and has enough number of certified nurses and nurse aids.
Good nursing homes have been given a five-star rating by the CMMS and, as of January 2013, only a little above 3,000 (of the 16000+) facilities have earned this five-star rate. The states and the number of nursing homes in each with the five-star rating include Florida (141), Illinois (156), Pennsylvania (160), California (312), Iowa (103), Massachusetts (111), New York (116), Texas (130), Ohio (137), Minnesota (79), New Jersey (85), Indiana (87), Michigan (87), Wisconsin (100), Connecticut (64), North Carolina (69), Kansas (78), Missouri (78), Georgia (59), and Virginia (60).
Though wrongs are committed and their negative effects, can not be erased, victims and their families have legal actions available to them. The services of a San Diego personal injury lawyer can be used against the abusive and negligent parties. They can be brought to justice and the victims may be able to receive compensation that they may be legally entitled to. It is a long and difficult process, but it can ultimately be worthwhile when a nursing home resident is able to live without fear of abuse.
Posted by Ricky on Sep 18, 2014 in Crimes | 0 comments
Passing a bad check, also known as a “hot check,” may not seem like a big deal especially if it is for a relatively small amount. Most people believe that you pay a fine and restitution and that’s that. In fact, issuing a bad check for payment is a serious offense in any state, and that includes Texas.
There are variations to how hot checks are handled in Texas. The most common one is addressed in the Texas Penal Code under § 32.41 which is entitled “Issuance of a Bad Check” which qualifies a hot check as issuing a check as payment for something with the knowledge that there is not enough funds in the account to cover it in full. When a case falls under this section, it is a Class C misdemeanor (punishable with a fine only) or a Class B misdemeanor if the payment was for child support (which includes some jail time) and filed in municipal court.
When a case is filed in county court, there is a possibility that it has been classified as a theft under § 31.02. If the check was less than $20, it would still be Class C misdemeanor. Anything higher than $20 and the defendant is looking at charges that include jail time if convicted. Depending on the circumstances and the value of the check, the charges can go as high as a first degree felony.
When a hot check case is filed under § 31.02 and a conviction results, it essentially means that the offender is classified as a thief, and the records will reflect that but not the circumstances of the conviction. As mentioned on the website of Ian Inglis Attorney at Law, this can have a deep impact on a life, and not in a good way. For example, this can lead to negative first impressions, which is critical when looking for a job. Technically, the accused has become a convicted thief.
It is infinitely preferable to get any criminal case dismissed, and being charged with a lesser crime can make this an easier task. If you have been arrested and charged with issuing a hot check, you will need a skilled criminal defense lawyer to handle your case. Don’t presume that it is something that you can handle on your own unless you have a good knowledge and understanding of the relevant laws. You could end up paying more than you deserve.
Posted by Ricky on Sep 2, 2014 in Home Repairs | 0 comments
Information technology is not something that you easily associate with the construction industry, especially commercial roofing. But like in almost anything these days, using some technology definitely helps lower costs and improves productivity of a roofing company.
Generally speaking, there is a lot of guesswork when it comes to roof inspections because the signs of incipient problems are not always visible. A roofing company with years of experience such as Black Slate Roofing out in Austin can probably smell problems at a hundred paces without using modern technology, but still it helps to have it. For one thing, it would make it easier to substantiate assessments to the property owner when provided with concrete proof of what the problems are rather than expecting them to take roofing contractors at their word.
Some examples of technology that has been used to assess a roof’s integrity are infrared or thermography cameras, which can detect moisture trapped where the eye can’t see but which can accelerate deterioration of your roof system. Another fun technology used to provide a comprehensive picture of the roof is aerial drones, sometimes called unmanned aerial vehicles (UAV), which can go all around the roof to capture images of overhangs and cupolas when equipped with the appropriate digital camera.
Of course, even the latest and most expensive technology will not take the place of experience and know-how of the veteran roofing contractor. The technology is there to assist the roofing inspector, not take its place. In addition, when it comes to actually installing and/or repairing roofs, there is no replacement for the hands-on skills of experienced roofing technicians. You have to be careful in vetting the people who are going to do work to make sure they know what they are doing, because a significant percentage of roofing problems originate from poor workmanship. Visit Black Slate Roofing, LLC’s website to learn about their warranties.