Getting The Will In Order

If you have any kind of money, belongings or property that needs to be divided after you die, then it’s best to make a will so that your family knows who will have the rights to the items that you have. A will can be made with an office, like Carole Callaghan Law. There are ways to make online wills Texas offices can guide you through completing so that you don’t have to meet with an attorney in person. Regardless of how you make the will, it needs to be filed with your local court house and dispersed to the family so that they know what to expect.

 

If you die without a will being made, then the property that you own becomes intestate. This can sometimes make it difficult to decide who gets your property. Most states have laws and regulations in place that make it a bit easier to decide who should get what kind of property that you own, such as a vehicle or a house. A judge will usually appoint someone who will act as an administrator and who will divide the property. This person will usually be someone the family doesn’t know so that the process can be handled fairly.

There is no requirement to have an attorney prepare your will as you can use an online source to make the document. You do want to get it notarized and filed as it usually won’t be valid unless this is done. You can seek assistance from an attorney if you have questions, but keep in mind that some attorneys will charge a fee to help with will preparations. If you’re married, it’s a good idea to have separate wills in the event that anything happens to one person long before the other. This way, the will that the living person has can be changed to include more or less money and property. There could also be property that isn’t in both names that is hard to divide if both names are listed in the will. There should be a witness to the will, this person being anyone who you trust who can carry out your final wishes

 

3 Essential Tips for Hiring the Right Lawyer

When you’re facing criminal charges or even a divorce, it can make a world of difference to have a capable lawyer on your hands. However, the thought of having to hire a lawyer might make you hold onto your wallet a little tighter. The fact of the matter is, a good lawyer is likely to be more helpful in achieving the outcome you desire than if you go it alone. Here are three essential tips you need to understand when you hire a lawyer.

  1. Understand the Costs Involved

There are some circumstances where you might be able to receive legal services for free. In many cases, however, lawyers do charge a fee. Some will offer their services and not charge you anything unless you win or settle your case. It’s important that you understand the many different costs involved with hiring a lawyer. Retainer fees keep your lawyer available to you if you need him or her, but it does not necessarily pay them for the services they perform when needed. There are also generally consultation fees, which means you are charged money every time you meet and speak with your lawyer. If you wish to understand all of the fees involved for your lawyer of choice, just ask upfront. It’s better to clear the air now than deal with a surprising bill later.

2   Research Your Options

There are many different lawyers out there, and some tend to work in specific areas of law. You might hire a different attorney for a criminal case than you would for a child support case. Take the time to research the lawyers who practice in the area of law you need. Be sure to also get referrals from family members, websites, and even other attorneys if necessary.

3  Take Advantage of Free Consultations

Many attorneys offer a free initial consultation. This means the first time you meet with him or her is free of charge to you. Once you narrow down your choice and find a lawyer you think you might like to hire, schedule a free consultation (if he or she offers them) to discuss your case. Don’t feel pressured to hire the lawyer then. Take your time to think about it before making your decision.

4  Choose Carefully

Keep in mind that good and ethical lawyers will not seek you out. Be wary of lawyers who show up in your hospital room after an injury or those who call you after an accident looking to represent you. You should be the one to find and hire your lawyer. You can get help from friends, family, or even your community if you need it. Think carefully over all of your options and choose the one you think will best help you with your case.

Mesothelioma Treatment Options

In the US, asbestos is responsible for over 4000 deaths every year. These deaths are generally from older Americans who have been exposed to asbestos over long periods of time and have developed one of the fatal diseases attached to that exposure. Younger people, if routinely exposed to asbestos fibers over time, are also at risk of developing asbestos-related disease with exposure usually take anywhere from 15 to 60 years to develop. Continued exposure creates a cumulative effect, as the asbestos fibers never get removed from the body.

Breathing in asbestos causes asbestos fibers to be trapped in the body, primarily in the lungs and breathing tubes. These fibers cause cell damage resulting in cancerous tumors and major health issues. Here are the four major ones:

  1. Mesothelioma is a type of a cancer that attacks the lining of the lungs. It is a rare disease – incidence is 1 in every 100,000 for males and 0.3 in every 100,000 for females. This disease typically takes 20-50 years to appear, with the highest risk around 30-35 years after exposure. Mesothelioma is always fatal and is almost exclusively caused by exposure to asbestos.
  2. Asbestos-Related Lung Cancer is a part of the large group of lung cancers. Asbestos induced tumors obstruct the airways and it eventually becomes fatal. Smoking multiplies by 10 the risk of death due to lung cancer for asbestos workers.
  3. Asbestosis is a chronic lung disease that can lead to respiratory impairment and diseases such as lung cancer. Asbestosis causes widespread interstitial fibrosis (scar tissue between the alveoli in the lungs).
  4. Diffuse Pleural Thickening is a thickening of the membrane surrounding the lungs. When this disease advances it can restrict lung expansion to the point the patient cannot breathe.

Diagnosis of Mesothelioma Remains Steady in the US

Mesothelioma typically develops after people are exposed to asbestos in the workplace – in industrial settings, shipyards, auto repair shops, old houses, schools and public buildings. There is also a high rate of Mesothelioma in veterans who were exposed during their days in the military. Because of this large group, who often does not understand its rights, there are law firms that focus specifically on Mesothelioma related Veteran legal options for getting them compensation that can then be used, to pay medical treatment expenses.

Although the use of asbestos in the workplace has nearly ceased in the US, doctors still diagnose a steady 3,000 cases of mesothelioma annually, with the majority of those traced to job-related exposures to asbestos. These numbers remain high primarily because of the long time cycle for the disease. While there’s no cure for mesothelioma and the outlook is generally poor, researchers have made significant progress in understanding the cancer and developing new treatment options and alternative therapies.

Treatment of Mesothelioma

There are three conventional types of treatment and some alternative therapies for patients with mesothelioma. Regularly two or more of these are joined over the span of treatment:

Chemotherapy

Chemotherapy uses powerful drugs to destroy cancer cells. This therapy may be used both before and post-surgery or as a lone treatment for those patients who are not fit to undergo surgery.

Surgery

There are two major types of surgery for mesothelioma:

  • Pleurectomy is a type of surgery in which part of the pleura (two thin layers of tissue that protect and cushion the lungs) is removed. This procedure helps to prevent fluid from collecting in the affected area of the lung. Pleurectomy provides symptomatic relief but does not appear to benefit survival rates.
  • An Extrapleural pneumonectomy removes the diseased lung, part of the pericardium, (membrane covering the heart), part of the diaphragm (muscle between the lungs and the abdomen), and part of the parietal pleura (membrane lining the chest). An Extrapleural pneumonectomy is performed on patients with early stage localized mesothelioma that has not spread to the lymph nodes or invaded surrounding tissues and organs. It allows other therapies or treatments to be given with less hazard to different other organs.

Radiation Therapy:

Using targeted radiation an oncologist can kill cancer cells and shrink tumors, generally with less side effects than chemotherapy. This treatment can be used in all stages.

Alternative Therapies

A number of cancer centers that specialize in mesothelioma treatment offer complementary therapies, such as massage, acupuncture, yoga, tai chi, meditation and nutritional counseling. The goal is to offer therapies that treat the whole person, not just the disease, to boost quality of life and overall health.

 

Taking Care of Yourself After a Car Accident

If you’ve recently found yourself in a car accident, you most likely have to deal with a lot at once which can be understandably tiring and stressful. Though this is oftentimes the case, you’ll still want to focus on getting better while managing your affairs. But how exactly do you successfully manage everything that has been recently thrown your way? This is a question that gets asked over and over again, with no clear answer but rather a way of going about things that should work for you. Read more below for some tips on how to get your life back on track after a car accident has left you wounded.

Hire a lawyer

Though the idea of hiring a lawyer is never a fun one, in some car accident cases, it is needed. You’ll want to look into hiring a lawyer rather quickly after your car accident if you feel that the accident was caused by the negligence of the other driver involved. This is because personal injury claims oftentimes have a 30 day claim limit, meaning you have to submit your claim within a short time period after the accident has occurred. If you live within the state of New York, you’ll want to look into some of the car accident lawyers in Brooklyn, NY before going forward.

But why should you hire a lawyer? When a car accident is caused by the other person involved, their insurance company is then in charge of covering all of your medical, emotional and physical damages. Sometimes however, they don’t want to pay up. This is where your lawyer comes into play. Not only will they be able to fight on your behalf, but also deal with the masses of paperwork involved. This then gives you much more time and freedom to focus on your recovery.

Focus on your personal recovery

Once you’ve hired your lawyer to handle your case for you, the next step is to focus on your recovery. Depending on how bad the accident was and how deep your injuries are, this may be a few weeks to a few months. During this time, it’s important that you get enough rest, take your medications and do any physical therapy that has been recommended by your doctor. You may also find that you have a few doctor appointments to go to, and you’ll want to make sure to go to everyone, even when you don’t feel like it.

Not only is following the doctor’s orders good for your recovery, but your injury claim as well. You’ll want to also keep any records of your visits and medications as well as the doctor’s notes for your case as you build upon it. Your lawyer will keep you in the lope as far as what paperwork is helpful.

Car accidents are not only scary but can sometimes be life changing. If you’ve been in a recent car accident that was the fault of another, you’ll want to not only hire a lawyer to represent you, but you’ll also want to take the time to take care of yourself so that you can get back to a normal life sooner rather than later.

7 Traits of Good Lawyers

Most people, fortunately, do not need an attorney’s assistance very many times during their life. Therefore, it can be challenging to home in on the right lawyer when one is needed. Add in the fact that emotions likely are running high, and choosing a legal professional becomes a daunting task. But if you can focus on the task at hand and do a little research before hiring anyone, finding the right fit for your needs can be easier. Let’s take a look at some screening tools you can use to narrow the candidate pool.

They Are Professional

Professionalism is key in the legal field. You want an attorney who has a proper office, a staff and access to the necessary legal resources to adequately address your case. Candidates should act and dress in a professional manner as well. Basically, if you meet the attorney and don’t feel confident in his or her abilities, it is best to keep looking.

They are Specialized

You will be best equipped to find the right attorney if you do some research first to learn what type of legal specialty is required. Then you can target just the lawyers who are experienced in the performing the field of law you need. If you just need general legal counsel, use the other traits on this list to find the best options.

They Communicate Clearly

Lawyers deal in complicated terms and documents. You want to hire one who can explain pertinent legal concepts to you in a way you can understand. Lawyer candidates should allow you to make legal decisions yourself based on these explanations, and they should respond quickly to all your inquiries.

They Are Up Front About Fees

Legal services are expensive, so you don’t want to waste any money because you didn’t understand the fee structure. Many attorneys offer short consultations for free so you can discover whether they are a good match for your case. If you decide to move forward, candidates should be able to clearly list the fee structure and schedule, including retainers, hourly billing and disbursement after the case is settled or closed. If you feel uncomfortable about any part of the plan, you might want to interview a different lawyer.

They Are Honest

Your attorney has to be in your corner at all times. If you get the feeling during preliminary conversations that an attorney is not being honest with you or is more focused on your case’s monetary value than with your well-being, you should walk away. Having confidence in your attorney’s abilities and honesty is crucial to a successful outcome.

They Have Strong Organizational Skills

Because time is money when you are talking to a lawyer, it is vital that he or she is organized and prepared with the proper documents whenever you meet. If candidates seem to waste your time during preliminary conversations, it is unlikely to improve if they take your case. You want an attorney who will be proactive, timely and communicative about any developments in your case.

Former Clients Will Vouch for Them

Finally, getting recommendations can be extremely helpful. Ask friends or family members if they have worked with any attorneys they believed did a good job. When you have narrowed your list to a few candidates, ask if you can talk to a former client about how the process went or ask to see testimonials from clients. If a lawyer doesn’t gather reviews or can’t offer you any names, it is best to find a different attorney.

Reaching a successful legal outcome hinges on a strong client-attorney relationship. These tips should help you find the best fit for your specific needs.

 

 

Dangerous Intersections in CA Infographic

Whether you are a California native or a visitor looking to explore what the Golden State has to offer, traveling safely means understanding the way that foot traffic, local city planning, and the nature of a large and populous city or state impact the options for travel. If you are in any of California’s four largest metropolitan areas, that has to mean being conscientious about particularly dangerous intersections and other possible pitfalls. Whether you are driving, riding along, or using transportation like local buses, these tough traffic spots can prove dangerous. Especially since some of them are also among the most dangerous intersections in America. Find out what you need to know to be safe as you plan your way around the busiest traffic spots in the state.

Dangerous Intersections in CA Infographic

How Montana Is Revamping Their Sexual Assault Laws To Be More Inclusive

The consequences and prosecution of sexual assault and other sexual crimes are determined at the state level. Montana is one state that is looking to overhaul their sexual assault definitions to be more clear and concise.

A legislative committee is discussing a proposed category of bills that will revise the current sentencing for those convicted of sexual assault. Legislators are considering omitting things like the requirement for victims to prove that there was physical force used against them for sexual assault cases.

The current statutes are being reevaluated because of the recent incidents at the University of Montana. Senator Diane Sands believes that the way the University handles sexual assault cases needs to be reexamined, as do the laws at the state level.

Sands believes that now is the best time to examine these issues and the best sexual harassment lawyer to step in. Now that the nation is shining a light on the case, it is clearer to focus and see. At the state level, many sexual assault cases expire because there are very specific things that must be proven. If you don’t have all the components to a sexual assault case, many prosecutors will turn you away, saying that there isn’t enough evidence for a prosecution, and therefore they can’t do anything.

At the helm is the question of how to define “consent.” Montana is one of many states that is trying to overhaul the definition of consent and how to prove that it was given or not. Consent is presumed to be given by “yes,” but it does not have to be said verbally; there are other forms of “yes” that the law considers, like nonverbal cues or the absence of saying “no.”

The problem is that if someone is incapacitated, or unable to “say” or verbalize “no,” it would not appear that they are saying “yes.” Only lawfully does that make any real sense. The definition of consent is one of the problems that have arisen at the University of Montana. Students who couldn’t prove that they said “no,” or who were not physically forced to have sexual relations, were presumed to have said “yes.” That is simply not a fair determination. Therefore, it allowed a lot of sexual assault cases to go unprosecuted.

Other issues being debated are the use of distribution of recordings or images that are sexually explicit. Things like “revenge porn,” especially in the case where the victim is a minor, are not against the law. Legislatures are asking to revamp juvenile rules, making even those under the age of 18, responsible for their actions.

Consent is a very difficult component of sexual assault in any case. Montana’s current definition that there must be a show of force is simply outdated and doesn’t relate to many instances of sexual assault cases. It makes it legal to have sexual intercourse with someone who is passed out or incapacitated, as long as they didn’t say no and you didn’t show any physical signs of harm or restraint. That puts victims on trial and puts the burden of proof in the victim’s hands.

There are also cases where people will give consent when inebriated and simply forget or feel remorse in the morning for the act. Those cases make changing the statutes just as problematic and unfair. When you are talking about ruining someone’s future and life, the blur in definitions is difficult to decipher. If you don’t revamp consent, you could be letting sexual offenders slide, if you do, you could risk finding someone guilty of a crime they didn’t commit.

The incidents at the University of Montana are happening on campuses around the United States. When you have young adults who are experimenting with alcohol and are unsupervised, sometimes without the maturity or the moral compass yet to have the freedom afforded, you can run into some really sticky situations that blur the lines. What is for sure is that one wrong move, one bad night and one miscommunication on both ends can end in tragedy for two people.

It’s a hard line to draw, and sometimes the only ones who really know what happens between two people when no one is around to witness the event, have very different recollections. Their experiences are different, their feelings are different, and their recollections are not always consistent or realistic. If general and sweeping changes are made, it could swing the pendulum in the opposite direction, which is not always better in the long-run.

What Does The Birth Injury Lawyer Do To Help You?

The arrival of a new family member is definitely a really important moment in the life of the parents. Many just dream about the moment and whenever something bad happens, the effects can be truly devastating. Giving birth is scary in itself so when we add horrific events, things get quite complicated. You want to always prepare for that worst-case scenario but this is something few parents are ready to deal with.

If birth injury is suspected, the most important thing that you have to do is look for a great birth injury attorney that services the area where you live. Complimentary consultations are always offered so there is absolutely no reason why you should not arrange interviews with as many of the injury attorneys you find as possible. Since the process can be quite long, you want to work with someone that you can fully trust. The professionals will help you through every step of the way.

Caretaker Research

Always research the midwife and the obstetrician that will be involved in the birthing process. It is really important that you only work with those that do not have pending or past suits that are connected to misconduct or failures happening in delivery rooms. Then, focus on the certifications and licenses that exist. Medical school counts and you want to know as much as possible about the past experience of the health care professionals. Ask questions so that you can be confident about the work that is going to be done for you.

Always Keep Documentation

Families should keep documents and the hospitals are actually required to keep records about pregnancy and birthing. This is highly important for the future and for the well-being of the child. In order to have all the proof that will be necessary to prove a medical negligence neglected to giving birth, you have to be careful and you need to be prepared for everything that is about to happen.

Something as simple as filming or discussing with the medical professionals while you document everything can help. Not only will this help you because you will have proof in the event something goes wrong, it will also be valuable for parents to know exactly what has to be done during the pregnancy phase.

The personal injury attorney that is specialized in medical injury is going to always do all that is necessary to gather the necessary documentation connected with the birthing process. It is not at all difficult to find all the proof that you need in order to prove many things connected with the pregnancy. However, most parents do not manage to do this as they are not aware of all that has to be considered. The attorney knows the law and knows what will be accepted in court of law and what will not.

Be sure that you never go through a birth injury claim without the help of a trained specialist. This is very important as it will give you the best fighting chance in this process.

 

Different Sub Categories Of Personal Injury Law

Contrary to popular belief, personal injury law is much more complex and includes so many different sub categories. It is difficult to analyse all of them and understand everything about this set of laws. The truth is we are faced with so many things that are not properly understood by people from all around the world. Tario Law Mt Vernon highlights that you need to be really careful when you choose a personal injury law firm since only those that have experience with the type of case you are faced with can offer the best possible help.

Generally speaking, we have 2 main categories under personal injury law:

  • Intentional torts or acts
  • Negligence cases

The intentional acts are going to happen when someone plans to commit an unlawful act. The result is victims being injured. Normally speaking, it does not really matter if injuries are intentional or not. If a third party causes an injury, medical compensation is necessary. However, working with a law firm that is specialized in the intentional cases is something that would help you more than with a firm that is mostly dealing with negligence cases.

Unfortunately, it is quite difficult to receive financial compensation when dealing with the intentional acts. Many of the insurance companies will not offer coverage for the premeditated acts. Even so, when there is an injury that appeared because of a multitude of causes, we can be faced with receiving compensation. As an example, when the private daycare school is contacted, it is responsible for the well-being of the children. They need to be careful and protect the children from the third parties, even if the incidents are intentional. When strangers molest children, the act is intentional but if a school is where the molestation happens, it is liable for compensation.

The most common of the intentional cases are battery, child abuse, character defamation and assault. Criminal acts that have claim basis are very hard to deal with for personal injury claims. Law firms are normally needed to help.

When looking at the negligence cases, the injury simply happens just because someone was negligent. When this is the case, litigation happens and a personal injury claim can always appear. The problem is that the negligent party can also win the case when it is possible to show that defendants should have exhibited rational care.

You may think that when you were injured by a third party it is really easy to prove that you are entitled to financial compensation. This is rarely the case. There will be many that will be involved in the process, ranging from the person that caused the incident to the insurance companies that will do all they can in order to guarantee a small payment amount.

At the end of the day, whenever it is recommended that you work with a personal injury attorney, you have to be sure you will find those that are the best, based on the situation you are faced with. Never work with the first ones that contact you. Just hire those that are the best and that can help you get all the money you should receive.

Did You Hear About Commercial Litigation Attorneys?

When there are business disputes with other companies or with associates, a commercial litigation attorney is normally contacted. According to Tario & Associates, this is basically an attorney that specializes in the dealings of commercial litigation law, which is a sub-branch of business law. Such a specialist is also necessary in the event there are contract violations that appear or when disagreements appear between shareholders or business partners.

One of the branches of this law that is prospering is that of collections. This is when you hire the commercial litigation attorney in order to get enhanced wages or various assets, all a part of what is labeled as collection. The attorneys can represent both plaintiffs and defendants. Also, in some cases transactional jobs are managed for clients, like the trademark registration submission or business incorporation.

Litigation attorneys can deal with various different legal matters. The clients normally include people that have issues or disputes in connection with contract agreements to the highly complicated real estate disagreements. An attorney with a commercial litigation specialization will handle just the commercial law cases in most situations. As an example, these lawyers are not going to handle gases related to working visas or immigration. The law firm that agrees to handle cases that require a different specialization will normally outsource the case.

Really successful commercial litigation lawyers that should be contacted are those with trial experience. That is because many of the cases normally reach the court phase. However, the commercial litigation attorney is going to always offer different ways to settle the disputes out of courts. This is normally in the best interest of every single company faced with such a problem. Commercial attorneys are more than capable of preparing cases, arguing them in court and much more. Obviously, because of the really complex nature of the cases, the attorneys will end up charging really large fees, either through flat fees or hourly fees. All is decided on a per case basis.

There are cases in which the commercial litigation attorneys are going to represent the plaintiffs or defendants in a court case handling malpractice. When this happens, petitioners have to demonstrate the fact the lawyer or professional that helped did not offer proper advice and legal services. For a case to be ruled in favor of petitioners it is important to prove that harm appeared. Harm demonstration is not enough though and many other things have to be proven in court.

On the whole, the commercial litigation attorneys are those that need to be contacted when businesses have some pretty tough problems to deal with in connection with contracts, business partnerships and commercial law in general. Those companies that are experienced will cost a lot of money but they do manage to bring in large amounts for the clients. Also, since we are talking about business, it is really important that we focus on the fact that commercial law needs to be handled in a delicate way. Only then can we be sure the results will be the good ones.