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How to Avoid Filing for Bankruptcy

Posted by on 10:01 am in Bankruptcy | 0 comments

Bankruptcy has a negative connotation to it. It always represents financial difficulty and little leverage to fix it. That may be true, but bankruptcy doesn’t have to be always negative. In fact, the website of the Bradford Law Offices, PLLC, has enumerated the different bankruptcy processes and their advantages.

However, it can be understandable if certain individuals don’t want to file for bankruptcy. Below are some alternatives they can pursue.

Negotiating with creditors

If you can’t properly pay your debts and liabilities, sometimes the best thing you can do is to talk to your creditors. You can negotiate for a better payment plan, like a reduced payment plan in exchange of a longer payment schedule or something similar that can give you more financial flexibility.

Borrowing money

If the negotiating doesn’t get approved or if it is not enough to give you a financial cushion, you can always do the most basic thing people with money problems do – borrow money from their family and friends.

But make sure that the borrowing will actually solve or significantly help your financial situation and not just serve as a band aid solution that can turn into an additional financial burden in the future. Also, make a plan on how you are going to pay your family or friend back.

Selling assets

You can also consider selling your assets, such as houses, vehicles, luxury items like jewelry, and other things that are just on standby or you can live without. Sometimes, selling your stuff is the most efficient way to pay your debt, because they are usually fast lump cash that may solve financial difficulties.

Like borrowing money, make sure that selling these assets will actually solve or significantly help you. You don’t want to lose stuff for nothing.

Changing lifestyle

Even if the other alternatives succeed, you can have more financial flexibility if you make some changes in how you spend, particularly on things that you can live without, such as eating in expensive restaurants, watching movies and sporting events, and indulging in shopping.

But you should not sacrifice your health just to save money. Look only for aspects in your life where you can make warranted adjustments.

What Can Constitute as Mail Fraud?

Posted by on 11:40 am in Crimes | 0 comments

Committing fraudulent actions through the use of the services offered by the United States Postal Service (USPS) is a felony at a federal level. This is called mail fraud.

Given the many variables that are made available through the modern innovations today, it can then be difficult to ascertain as to whether or not an act can be considered as mail fraud. For example, say that you are a new company and are looking for new clients. Through mailing potential clientele, you state your products and/or services through somewhat deceiving wording but are genuine in the offer of your sales. Is the deception through embellished advertising considered mail fraud?

According to the website of the white collar criminal defense lawyers at Kohler Hart Powell, SC, there are many aspects to the fraudulence that needs to be taken into consideration but the key elements that convict a person is the fraudulence itself. A fraudulent act is to cheat someone out of their money or property for a product or services that were completely false or nonexistent.

Felony charges or accusations can be very serious and very damaging situations for everyone involved and it is recommended that objective, experienced, and professional legal aid is contacted in order to ensure that law is upheld equally and with no prejudice on either side. As is the case with most mail fraud cases, if you have been accused of the felony – there is the very high probability that the party or individual that is the plaintiff has already been monitoring your actions for some time in order to file the case in the first place.

Your every move will then be available for scrutiny and the adage saying of anything you say can and will be held against you can come to life – it is of the utmost importance, then, that you have a legal team that can allow for you to present your case in the most strategic and informed way possible.

Why Zimmer Biomet is Recalling Comprehensive Reverse Shoulder

Posted by on 11:08 pm in Medical Malpractice | 0 comments

Shoulder replacements are typically surgically implanted on patients with limited shoulder and arm functions, such as those with arthritis caused by large rotator cuff tears. One such replacement is the Comprehensive Reverse Shoulder device by Zimmer Biomet. It is used to relieve pain and significant disability caused by a deficiency in the rotator cuff. However, there are some patients who are not allowed to acquire the device, such as those with infections, sepsis, and osteomyelitis.

Zimmer Biomet is starting to recall the device because its fracture rate is higher than what has been anticipated. In fact, the Food and Drug Administration has designated the recall as a Class I, which is the highest class of recall. Class I Recall is issued for products that may sustain injury and death. In the case of Zimmer Biomet Comprehensive Reverse Shoulder, these may be sustained because of revision surgery to remove the device and replace it with another that has the adequate fracture rate. The injuries that can be sustained from Zimmer shoulder recall may even result into the permanent loss of function in the shoulder area.

According to the recall article from the website of the FDA, affected customers have been asked to do the following:

  • Review the safety notice and ensure appropriate staff is aware of the notice
  • Identify and quarantine any affected devices in stock
  • The Zimmer Biomet sales representative will remove the affected device from the facility
  • Complete and return the Certificate of Acknowledgement form within 3 days via email to corporatequality.postmarket@zimmerbiomet.com
  • Retain a copy of the Certificate of Acknowledgement form for records in the event of a compliance audit

Aside from the threats of injury, infection, loss of shoulder function, and death, the Zimmer shoulder recall may have more consequences to the patient, such as the financial damages associated with corrective surgery, hospital confinement, loss time at work, and loss of earning capability because of health complications.

Designers and manufacturers are legally obligated to ensure the safety of their products, and any form of negligence that has resulted into damages on the side of the customer can be subject to a lawsuit. For this reason, many affected patients are seeking compensation.

Holding the Hospital Responsible for Injurious Mistakes Committed in Emergency Departments

Posted by on 11:16 pm in Medical Malpractice | 0 comments

Emergency departments or emergency rooms (ERs) are always the busiest hospital areas. These are, most often than not, overcrowded and chaotic, due to the continuous arrival of patients. So many of these patients demand immediate medical treatment; however, some demands are just more pressing than others, thus many wait for very long hours before they are attended to.

Despite being overcrowded, many emergency departments do not have enough nurses, staff and/or specialist physicians. This results to overworked or stressed ER personnel, mix-up of patient information, which happens especially during shift changes, lack of timely access to laboratory and/or radiology reports, medical decisions made despite lack of essential information about patient, prescription of wrong medication, and poor communication and lack of collaboration between nurses and doctors which, in turn, usually leads to incorrect assessment of many patients’ real health complaints. No wonder, incorrect or wrong diagnosis is the basis of thousands of lawsuits under medical malpractice every year.

Liability in medical malpractice lawsuits are about people being held responsible for actions that they commit or fail to perform. There are times, though, when, instead of putting the blame on the specific members of the medical staff who committed the mistakes, blame is, instead, placed on the hospital where the error was committed, regardless of who committed it. This action is called “vicarious liability,” and it is usually the course of legal action in medical malpractice lawsuits.

In vicarious liability, the hospital or the employer of an erring nurse or doctor, for example, is the one held accountable for the injurious mistake, so long as it can be proven that the mistake was committed during the course of said nurse’s or doctor’s employment. Thus, in the lawsuit that will be filed, it is the hospital which will be named as defendant. This is the move often taken in civil lawsuits, knowing for a fact that the hospital’s insurance carrier will surely be able to pay the damages to the patient harmed.

As explained by West Palm Beach personal injury lawyers of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., the complexity of hospital systems and the frequency of oversight by hospital administration, have often resulted to failure in the provision of quality medical care, not enough number of staff, and/or employee negligence, especially by employees in ERs. Acts of negligence, in turn, leave many patients with more serious injuries or dead, as well as with extensive medical bills, lost wages, and other expenses that they never should have incurred in the first place.

Though medical malpractice cases involving hospitals may be difficult to pursue due to the complicated nature of medical negligence, being able to make a claim against a hospital may just be possible if injured patients will allow experienced personal injury or medical malpractice lawyers to represent them.

Required Scaffolding Safety Standards from OSHA

Posted by on 2:56 pm in Personal Injury | 0 comments

Workers in construction sites are most prone to job-related accidents due to the heavy and huge construction tools and equipment around them, as well as the very high places where they sometimes need to do their work. Because of this many accidents occur which result to serious injuries that disable workers. One of the major causes of injuries in construction sites is falls.

The rapid increase in the number of high-rise constructions all across the U.S. and jobs which require the restoration of the aesthetic look of many old buildings have also given rise to the number of workers required to work around the exterior of these edifices from great heights. To do these, workers need to work on scaffolds, sometimes for many days. In fact an estimated 2.3 million individuals are said to be working on scaffolds every day, a dangerous situation to so many lives.

The Occupational Safety and Health Administration (OSHA), which is in charge of regulating and enforcing safety in the work place, set the standard on scaffold requirements back in 1971. For added safety, there are certain types of scaffolds that OSHA recognizes, which can be used depending on certain factors, like load, materials, and weather condition. These types include pole and specialty, ladder jack, mobile, suspended, tube and coupler, pump jack, and frame.

The types mentioned, however, are still exposed to collapse, especially if they have been incompetently assembled. Improper assembly is actually the most common cause of scaffolding-collapse and accident. It is, therefore, imperative that scaffolds be double-checked for proper assembly and strength before being used.

The scaffolds’ susceptibility to collapse, if coupled with disregard of OSHA’s stipulated safety standards can lead to much greater risks. The additional measures for ensured worker’s safety include scaffold safety training and incorporation of guardrails to which workers can hold onto in cases of slips.

An article in the website of The Benton Law Firm says that companies should have proper safety features in place to protect workers against workplace accidents and injuries. Those that fail to have these safety features should be responsible for any injuries which may occur to an employee.

Car Insurance Liability Coverage: A Mandate in 48 States

Posted by on 1:40 pm in Car Accidents, Insurance | 0 comments

In a car accident, a bodily injury liability policy is designed to compensate a victim for his/her physical injuries, while a property damage liability policy is designed to pay for damaged properties owned by the victim. This is how things work in tort states where the tort car insurance coverage is required of drivers.

In tort states, where a lawsuit is usually filed by an accident victim to specifically determine who is at fault in an accident and how much the compensation should amount to, compensation is paid by the liable driver’s insurance provider. There are currently 38 US states where the tort coverage is legally required.

In contrast to the tort coverage is the no-fault car insurance, where payment of compensation is made by the drivers’ respective insurance providers, regardless of who is at fault in an accident. Due to this, filing of a lawsuit by a victim is no longer necessary, making payment of compensation much faster.

There are 9 states where the no fault insurance coverage is in effect: Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, and Utah. The states of Kentucky, New Jersey and Pennsylvania, meanwhile, give drivers the option to choose between no-fault car insurance and full tort coverage.

In New Hampshire, rather than mandate the carrying of car insurance, the state simply requires drivers to demonstrate capability to provide sufficient funds in case of an accident due to their fault; this can be done by posting a bond. In the state of Virginia, on the other hand, drivers can either have insurance coverage or pay a significant fee to the state to be able to register a car as uninsured.

Not all drivers, however, comply with the mandate to carry car liability insurance, also called the Financial Responsibility law. In fact, 1 in every 8 drivers in the US, according to the Insurance Research Council, continues to drive despite being uninsured. What these drivers do is purchase a car insurance policy, but only for the purpose of having their car registered and their license renewed; as soon as they are able to do this, they cancel the policy.

The high cost of premiums is what makes thousands of drivers risk driving uninsured than continue paying premiums. According to Habush Habush & Rottier S.C.®, however, not being insured can prove to be much more expensive that being insured; drivers also face the possibility of having their license suspended, their driving privileges lost, and costly fines.

For the best insurance deal, regardless of a driver’s driving history and driving experience, he or she can always ask quotes from independent car insurance companies, which also provides assistance to drivers to help them find a policy that will work best for them and which is within their budget.

Is my IVC Filter Defective?

Posted by on 4:57 pm in Product Liability | 0 comments

Some people are more at risk for blood clots than others, which is why there is a need for protective, preventative measures to take place in order to stop clots from happening or worsening someone’s condition.

One such preventative measure is that of an IVC filter.

An IVC filter, according to the website of the lawyers with Habush Habush & Rottier, is a device that is surgically installed within the inferior vena cava (IVC) in order to capture clots before they reach the lungs and cause further damage, such as pulmonary embolism; this is when a clot can get to the lungs and if it is large enough, it could disrupt the blood flow that supports the organ, thereby damaging it. This is often fatal.

Since these things happen internally, there is often no immediately noticeable way to know that there has been damage done onto the device. Since the heart is so crucially vital to the body, it is then important to detect these damages and repair them as soon as possible in order to avoid any more unfortunate circumstances that could, at the worst case scenario, end in death.

Not all hope is lost as there are some ways wherein defects in an IVC filter can be detected. Some symptoms of a defect are extreme pain in the chest area, difficulty breathing, and excruciating headaches. If you recognize any of these symptoms and have a device surgically installed, it is of the utmost importance to contact medical help immediately. It is always better to be safe than sorry in situations like this, after all.

If there have been defects in your IVC filter, it is advised that experienced professionals in the fields of law and medicine are contacted in order to guide you into making the most informed decisions possible.

How to Spot a Victim of Domestic Abuse

Posted by on 8:15 am in Family Law | 0 comments

The thing about victims of abuse is that it is not always easy to spot. Not all of them wear bruises on their eyes or cuts on their body. Sometimes, the scars run much, much deeper than that.

Sometimes, even the victim of domestic abuse doesn’t know they’re a victim of it – simply because they’ve been conditioned to think that this is what they deserve, that their partner is doing it out of love, or because they need to stay in the marriage for the sake of their children. This kind of behavior should not be tolerated but it can be extremely difficult to stop, especially when you never know who might be living under an abusive roof just from face value as, according to the website of Marshall & Taylor PLLC, living under such conditions could escalate to truly dangerous and potentially lethal situations, should the abuser become too violent with their victim.

The extent of domestic abuse doesn’t just stop with physical violence as, citing the website of Truslow & Truslow, Attorneys at Law, things like verbal abuse as well as stalking may be considered as cases for domestic abuse. There are several ways that you can tell if someone may be in an abusive relationship.

These signs can be spotted through simple changes in the victim’s demeanor. Were they livelier before but now flinch at even the first sign of contact? Do they seem more somber and reserved due to reasons they won’t voice out? Do they needlessly apologize for anything and everything, almost afraid of retribution, at every possible chance? These are some of the most telltale signs of an abusive victim and these victims may be too afraid to do anything about it. It is not always easy, getting out of an abusive relationship, as there is a psychological connection there that is most difficult to sever.

That is why divorce cases that include the subject of domestic abuse need to be handled with the utmost compassion, care, and sensitivity in order to respect the pain that the victim has already had to go through, thanks to their abuser.

How Do I Boost My Website’s Visibility on Search Engines?

Posted by on 10:52 am in Web Design | 0 comments

Let’s face it – you can have the nicest looking website in all the land and have all the latest visually appealing aesthetic trends that fit your particular brand for your company. But what good’s a website without it attracting new clients? After all, the looks may sometimes get you the first date but it’s the personality and the connection that gets either of you to the next level, right?

That is when the need to find content writers comes in.

The thing about search engines and visibility is that search engines don’t operate objectively and there is no objective standard of what is aesthetically appealing. There can be algorithms that determine something’s worth through the coding and the chunk in word count but there is nothing quite like human intellect and intuition – and its human customers who you’re looking for.

Content writers are the ones who are trained not only to write pieces that jump off the page and grab a reader’s attention but they are also the ones who are learned in knowing what the audience wants and needs to know. It is no easy task to be in a profession that demands for you to be creative all the time and it takes someone who has taken the time to be learned in the craft to be able to be give out pieces and copies that are sure to bring up not only your visibility but also your sales, thanks to how hooked they are on the written content.

There will always be a need for creative writers, as is attested by the website of the copywriters with Kinetic Word as there is nothing quite like the way a writer turns a phrase and gets with the recent trends in order to constantly be creating and disseminating information through a constantly changing and innovative medium that is this online world.

What Should I Consider Before Purchasing a House?

Posted by on 4:45 pm in Real Estate | 0 comments

It is one of the most prominent American dreams of just about any generation: to be able to purchase a house that is to your own name and to have a place to call your own. Just about anything else can happen but underneath your own roof, you can feel safe and secure and comfortable from everything outside those walls for even just a few hours. Houses are extremely worthy investments as real estate is one of the consistently growing markets in the known industry today. However, there are certain things that you need to make sure of before actually purchasing a house.

One thing, for example, is for the house in question to be inspected for possibly harmful nuisances like termites or other pests. Is the house structurally sound to last a few years, or does the house in question require fortifying before it is rendered livable? These are just the things that occur within the house itself as the second thing that needs to be taken into consideration is the neighborhood at large. How is the crime rate surrounding the house? Are there schools or hospitals or grocery stores nearby? How accessible is it to your place of employment?

And thirdly, some of the most important things to consider are the natural hazards that surround the house. Is the house, for example, situated in a place where earthquakes are more than likely to occur? Is the chance of a forest fire engulfing your house something that is more than just plausible? Should there be strong rains or total hurricanes, is the house fortified enough to withstand strong winds or possible floodwater? These are all things that are necessary to be considered when purchasing a house so you can be sure as to what you’re getting for your money’s worth.