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Saturday, June 28, 2008

 

Who Can File a Mesothelioma Claim?

Companies who were fully aware of the dangers involved could have wrongfully exposed workers to the material in the form of old insulation, clothing, and fire-resistant materials, culminating in cases of Mesothelioma.

If you had a recent Mesothelioma diagnosis, hiring an experienced Mesothelioma attorney is crucial at this stage in the game.

If you haven't had a Mesothelioma diagnoses, but have worked around asbestos, realize that some Mesothelioma symptoms may not even show up until the disease has progressed to its deadly form. Early diagnosis is extremely important, so get checked out, even if you feel fine.

Onset symptoms for Mesothelioma that begins in the lungs can start with coughing up blood, wheezing, and fluid in the chest cavity. Abdominal Mesothelioma symptoms can include abdominal pain, bowel obstruction/distention, fluid in the abdominal cavity and anemia.

Both lung and abdominal Mesothelioma can lead to tumor growth that can have devastating effects on the health of the sufferer.

Below is a list of employees who could have been exposed to asbestos laden materials, and may be able to file a claim for damages if diagnosed with Mesothelioma:

Engineers
Construction and steel workers
US servicemen
Auto mechanics
Insulation workers
Asbestos textile workers
Demolition workers.
Homeowners with old homes
Office workers in old buildings

People who had a loved one die from asbestos related exposure and Mesothelioma can file a claim as well.

Why a Mesothelioma attorney?
You want an attorney who specializes in such cases so that a professional can establish the link between your exposure to asbestos and your cancer. Someone familiar with Mesothelioma symptoms and their causes can provide the smoking gun for your case.

A capable Mesothelioma attorney is worth their weight in gold in that they can get you the monetary compensation necessary to assist with rising medical costs and provide benefits to you and your family. Those who lost loved ones may also be awarded death benefits as well.

You deserve someone who specializes in medical lawsuits and has a proven track record for success, so do your homework to ensure that you find the right Mesothelioma lawyer for your special circumstances.

The best way to do this is through a Mesothelioma attorney, as he or she can find the best way to get the largest settlement possible, thereby allowing the individual who must deal with this disease some peace of mind when it comes to his or her family and how they will survive financially, either with the cost of the treatments now, or after the individual has passed away.

People who have Mesothelioma symptoms can survive for many years, and the cost of their treatment often means that the services of a Mesothelioma lawyer will be needed.

 

Mesothelioma Compensation - What is Fair?

Mesothelioma is an aggressive cancer which is usually caused by exposure to high amounts of airborne asbestos dust. This exposure was typically caused working in industries where asbestos was present and being used. Due to the industrial nature of this material, many class-action lawsuits have been filed to deal with mesothelioma compensation for its victims. There were such staggering numbers of cases going through the courts, that in 1999, the US government enacted the Fairness in Asbestos Compensation Act which limits compensation to those who have actually become sick due to their exposure.

Prior to 1999, it was possible to file a punitive lawsuit against companies who placed their employees at risk by exposing them to high levels of asbestos. Even though cancer had not developed, individuals were being compensated just because they had been placed in a high-risk environment and had a chance of developing this cancer. In 1999 alone there were 200,000 cases in the federal court system of the United States.

The 1999 Fairness in Asbestos Compensation Act stated that compensation would not be due just because a worker was exposed to asbestos. Compensation would be based upon illnesses which develop due to their exposure. This act was needed because the huge numbers of lawsuits were causing insurance companies to file for bankruptcy, which in turn led to those who were actually afflicted with the cancer not being able to receive their fair compensation.

Mesothelioma usually does not have any symptoms until several decades pass from the time of the exposure to asbestos. Normally by the time the cancer is diagnosed, it is in its later stages and is very aggressive. By this point, doctors usually treat the symptoms and work to make the patient comfortable. Due to its delayed onset followed by very rapid acceleration, it is critical if you are a diagnosed with mesothelioma to contact an attorney immediately to begin working on a personal injury lawsuit. In many states there are time constraints which begin on the day you are diagnosed, so it is important to begin this process as soon as possible.

If a loved one has died as a result of mesothelioma, you should speak with an attorney concerning a wrongful death lawsuit. There are many attorneys who specialize in mesothelioma cases, and they are familiar with the steps that are needed to prove liability in these cases. In a wrongful death lawsuit, an attorney will attempt to contact coworkers of the victim to prove their exposure to asbestos.

Depending on the state, as well as the severity of the cancer, compensation is typically from one million to three million dollars. Mesothelioma attorneys normally charge 30% to 40% on a contingency fee basis, meaning that they won't get paid unless you do.

Due to the 1999 Act, it is not possible to add punitive damages to the lawsuit. When this Act was enacted, the US government felt that it was not fair to punish owners and managers of companies who have been deceased for decades. So today, compensation is limited to medical expenses and loss of income.

 

National Association of Attorneys General

Founded in 1907, the National Association of Attorneys General's purpose is to assist Attorneys General in the responsibilities of their office and to foster high quality legal services in the United States. The mission is defined as "To facilitate interaction among Attorneys General as peers. To facilitate the enhanced performance of Attorneys General and their staffs." NAAG encourages cooperative leadership in helping Attorneys General in their response to federal and state issues.

The Association advocates state cooperation on legal and law enforcement issues, performs policy research and analyzes concerns, and assists communication between legal professionals and the other entities of government. The Attorney General of all 50 states and the District of Columbia and the chief legal officers of the Commonwealths of the Northern Mariana Island, Puerto Rico, and territories of Guam, American Samoa, and the Virgin Islands are all members of the NAAG.

In 43 states, the Attorney General is popularly elected. However, in Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, he is appointed by the governor. In Maine, the legislature votes by secret ballot and in Tennessee the appointee is decided by the Supreme Court. The Attorneys General are chief legal officers of the states and counsel state government legislatures, agencies, and representatives. The Attorneys General form the bridge between law and public policy. The Attorney General handles subjects such as child support enforcement to environmental protection and drug policy.

The Attorney General is responsible for enforcing many federal areas. Cooperation between the Attorney General and the federal government has lead to advances in trade regulation, criminal justice, and environmental enforcement. The authority of the Attorney General varies by state. However, in general it includes the power to: introduce civil suits, challenge the constitutionality of actions, represent state agencies, retract corporate charters, impose open meetings, and enforce air, water pollution, and hazardous waste laws. In addition, in most states the Attorney General handles criminal appeals as well as state-wide prosecutions.

The goals of the NAAG is to release information related to successful management of the office, create a network among legal officers, promote cooperation between states, offer advice to Attorney Generals on legal developments, enhance the citizen's understanding of the law, and influence the development of law in compliance with the Supreme Court.

 

Sites to Do Free Criminal Background Checks - The Shocking Secrets That They Don't Tell You

You probably ended up here because you have someone you are suspicious about. Someone gives you the willies, or you caught them acting suspiciously, or maybe you just have a gut feeling. It could be a neighbor, employee, tenant, landlords, childcare provider or even someone you are dating. The fact is that for one reason or another you are sensing that you or your loved ones are in possible danger. So you head to the Internet to search for sites to do free criminal background checks, and over and over you are told that you can get free background checks on this site or that but nothing turns up

The Shocker

Here's the truth, you can get free background checks but it won't be easy. And this is why you have felt misled by so many sites. However this is not the real shocker, the real shocker is the amount of time and resources it will take to do a proper background check on your own at no cost. You will have to cross-reference and check the various leads you find on the net, and then you will have to visit your local courthouse to get accurate arrest and criminal records. This is all very time consuming to say the least and it will take you upwards of a few weeks to get approval to access your court documents.

The fact is that there are sites that do this kind of service for you however it costs them to stay in business. The real deal sites maintain huge databases with sophisticated software that mines the private court records and cross references to insure a correct identity match. The kinds of quick and accurate results can simply never be had for free.

But The Flashing Banner Said...

This means that yes you have been lied to, and all of those sites promising unlimited background checks at no cost are a farce. Sure you may be allowed to run a very basic search that yields very vague info as a teaser, but you will end up paying a fee, sometimes too large of a fee, to get the information you need for your safety.

 

A Criminal Record Check Helps Your Protection Against Criminals

Criminal record checks are safety indicators for the whole United States. If there were no record checks, then it would be impossible to distinguish between convicted felons and law abiding citizens. Employers would not know if they were hiring convicts, and the police would not know if someone they had arrested was a felon or parole-breaker. Parents would not be able to look up convicted felons living in their neighborhoods. For these reasons, as well as others, it is good for the safety of the U.S. that the criminal record check exists.

When an arrest is made, several copies of the suspect's fingerprints are taken and sent to various law-enforcement facilities. When a suspect becomes a confirmed convict, his or her records are sent to the local, state and national convict justice departments.

The Criminal Justice Information Services Division of the Federal Bureau of Investigation is in charge of getting all convict information out to the different law enforcement and government agencies. The FBI criminal records are linked with the state and county criminal records. These records are used when conducting such records background check. There is even a Criminal Record Bureau in the U.K.

There are many reasons to get a criminal record check. When getting a job, many employers require a background check, proving that you are not a felon. Adoption agencies require record checks on potential adopters to prove they can properly care for a child.

There are many other kinds of record checks as well, some of which include: sex offender registry, reference checks, credit checks and credential verification. Some activities in other countries require proof of "lack of a criminal record." If you need such a record search, then the process is rather simple.

Just ask the local police department to run one for you, and they will then give you a certificate saying that you have a clean criminal record. It is also possible to obtain the convict records of close relatives and for the deceased.

There are many different uses for the criminal record check. It is an invaluable tool for the business and legal world. The knowledge that anyone can be searched for a convict record is a calming thought.

That knowledge also makes people safer, knowing that with so many records, it is nearly impossible for criminals to get away with their crimes. The FBI and local police departments keep close watch on the convict records process. When necessary, it is easy to obtain a record check.

 

How to Do a Public Records Alabama Search

There are many reasons you may want to do a search of public records in Alabama. Maybe you are considering hiring a nanny or daycare provider for your kids and you are concerned about their safety, or you're entering into a business deal with someone you don't know much about, or that you're interested in the background of someone you met through an online dating or chat site. There are literally too many reasons to list here but learning about someone's past can give you a certain peace of mind.

You have several choices when it comes to finding public records, some of which work better then the others. Your first choice is to visit the local court house, library, or government agency office where publicly available records are kept. You can put in a request for a records search which may take several days, and may or may not garner the results you want.

One way to make this method of public records search achieve better success is to hire a private investigator. They know the ins and outs of public records investigations, who to talk to, and the best methods for finding the information their clients are looking for. The only caveat with using a P.I. is cost. They normally charge by the hour and it can add up quickly if their investigation takes longer then originally thought.

What many people fail to realize when they first start doing a public records Alabama search is the sheer number of locations one would have to consider looking at to find all the pertinent background information about an individual. Consider there are sixty seven counties in the state of Alabama alone, each with its own court house, and when you add in all the municipal, district, and circuit courts you can see that finding publicly available information could take quite a bit of time and effort.

Now days as more and more states computerize their public records databases it is becoming easier for the average person to find and use these records for different purposes. Some of the same problems occur with these computerized databases because they also tend to be located at different locations and while many are interconnected via the internet you may not always get a complete records download for the person or people you are interested in.

Fortunately there are now public records search websites that have gone out and catalogued all the public records databases for you. With little more then a name and place of residence you can do not only a public records Alabama search you can also search records nationwide with the click of your mouse.

Friday, June 20, 2008

 

Understanding COPD Social Security Disability

COPD, or Cardiac Obstructive Pulmonary Disease is a difficult disease for a person to manage. This is compounded by those who suffer from COPD and also need employment. Suffers of the disease often find it difficult to maintain employment as a result of how the disease impacts their body.

Cardiac Obstructive Pulmonary Disease is a disease that qualifies for disability benefits under the Social Security Administration (SSA). The challenge with this type of disability case is proving to the Social Security Administration that you are disabled, because their definition of disability is very strict.

Defining Social Security Disability Benefits:
The SSA has a very rigid definition of who is disabled. To receive SSI or SSDI benefits a person must provide evidence that they are permanently disabled and this condition will last at least one year, or result in their death. No benefits are awarded for a partial or short-term disability.

Documenting a COPD Disability:
The most important thing for a COPD patient to do is to see a doctor on a regular basis. While at the doctor's office, this is your opportunity to help build your COPD disability case. Remember to win benefits you'll need to provide documentation of your disability. The notes and records your doctor maintains on file are critical evidence to help support your claim.

It is your responsibility to ensure your condition is being documented properly. Make sure your doctor is writing down your symptoms (and that the writing is legible). When talking to your doctor, be specific about your symptoms. For example if you are experiencing a shortness of breath, tell your doctor when it occurs, examples below:
- Carrying groceries
- Walking from room to room
- Standing for long periods of time (how long?)

COPD Chest Pain:
Another common COPD condition is chest pain. If you are experiencing chest paint, describe the pain to your doctor. Tell your doctor how long it takes to recover from COPD chest pain. This information is critical to support your COPD disability case and also helps ensure your doctor is able to adjust your treatment as needed.

As you can see your doctor's records will be one of the greatest sources of supporting evidence for your case. Too often qualified applicants are denied disability because they were unable to document their disability to the Social Security Administration's standards. It is important to remember that though you may seem to be disabled, if you do not provide the SSA with the evidence and documentation that they need, you will be unable to receive the benefits you are entitled to. If you are uncertain, or want to increase your chances of winning benefits you may want to contact a COPD attorney.

COPD Disability Attorney and COPD Disability Lawyer:
An experienced COPD disability attorney or COPD disability lawyer can be a great resource when applying for benefits. Disability lawyers and attorneys will be able to help you with your claim by assisting in gathering documentation and testimony if needed for your impairment and associated symptoms. Whether you need to apply for disability benefits or have applied and been denied, finding a lawyer with COPD disability experience can be the difference of winning benefits and being denied.


 

Handling a Missouri Dog Bite Lawsuit

It has been figured there are an estimated 4.7 million dog bites and dog attacks per year. The number continues to grow year after year as designer breeds become more popular. It has been further estimated that more than 800,000 of the dog bite injuries require medical attention.

For dog bite victims, medical bills are often well into the thousands of dollars. In addition to the significant bills, dog bite injuries often leave significant wounds and traumatizing memories. It is common for dog bite victims to be scared of dogs following an attack. What used to be known as a lovable animal is now viewed as a vicious creature.

Dog bite lawsuits in Missouri usually mean following the common law. Some Missouri personal injury attorneys say Missouri follows the one bite rule. Pursuant to the one bite rule, if your dog has never bitten anyone before, you are not typically found liable the first time your dog attacks.

Previous vicious propensities or dangerous behavior may be enough to satisfy the Missouri dog bite law. Dog bite cases are extremely fact specific. In this situation, the Plaintiff must show the dog owner knew or should have known of the dog's dangerous or vicious propensities.

Missouri dog bite cases are sometimes filed as premises liability cases. In this situation, the Plaintiff would argue the biting dog created a dangerous condition on the premises.

In addition, dog owners can be found liable if their dog attacks while they are violating a law or ordinance. For instance, if the dog owner violates a leash law they could potentially be held negligent per se for said violation.

For example, in Jensen v. Feely, the Missouri Court of Appeals, Western District, held negligence per se exists where there is a city leash law, and an unleashed dog bites someone.

In that case, an Independence, Missouri ordinance set out, "It shall be unlawful for the owner of any dog or cat to let such dog or cat run at large at any time." At large is further defined to include when any dog/cat is found on property other than its owner/keeper's unless it is leashed by a person capable of controlling the animal.

The Plaintiff was on a public street when Defendant's unleashed dog bit Plaintiff. Plaintiff sued to recover damages claiming negligence per se; Defendant denied liability.

Negligence per se does not require duty, breach, and causation be proven like a general negligence claim. Because an ordinance or law is implemented to protect a certain class of persons, like the plaintiff here, a violation of that ordinance that results in injury automatically creates a claim. This is because the ordinance in itself creates a duty and a violation of that ordinance creates the requisite breach.

The court in Jensen found that the ordinance imposes a duty of reasonable care to restrain dogs on public streets. Further the court found that this duty intends to allow those injured by a breach of such to seek compensation. This means the owner of an unleashed dog that bites where a leash law exists will generally be found liable for injuries resulting from violating the leash law.

As stated, there are several ways for a Plaintiff to succeed in a Missouri dog bite claim. Dog bite victims can potentially recover damages for their injuries, medical bills, pain, suffering, lost wages, and any damages that may arise in the future.


 

3 Types of Legal Trusts

Legal trusts have become one of the most common ways to protect an estate. It can shield and distribute assets according the wishes of the settlor (creator of the trust) and ensure the longevity of a business. In a previous article, we mentioned 3 common types of legal trusts. They included the qualified personal residence trust (QPRT), credit shelter trust (also known as a family trust) and the dynasty trust. Given the settlor's objectives, each of these could be used for varying purposes. Below, we'll describe 3 more common types of legal trusts that you should consider.

#1 - Irrevocable Life Insurance Trust

Increasingly common amongst those who own businesses or other highly-valued assets that can't be liquidated quickly, the irrevocable life insurance trust uses your life insurance policy to pay for your estate costs. Business owners typically don't want their heirs to have to sell the business in order to pay the estate costs. Liquidating under those circumstances can have a significant impact on the value of the business. Instead, the settlor's life insurance policy is used to pay for estate costs that are associated with the business.

#2 - Special Needs Trust

When a person receives financial support from the government, those benefits can be disqualified if that person inherits a large sum or receives a sizable gift. To ensure those benefits aren't jeopardized, a special needs trust can be established. Any gift or inheritance can be placed within the trust. An experienced attorney will often include a special provision within this type of trust. The provision can cause the trust to expire if the beneficiary's governmental benefits are ever subject to disqualification.

#3 - Qualified Terminable Interest Property Trust

Your family may include people who are members by virtue of divorces and remarriages. In some cases, you may want to ensure that the bulk of your estate is received by certain relatives. Many people use a qualified terminable interest property trust when they have children and marry someone who has their own children. This type of trust can be established to make certain their assets are given to their biological children when their spouse dies. In doing so, they can remove the possibility of someone else's children receiving a share of their estate.


 

Medical Payment Options Required in Colorado

Governor Bill Ritter signed Senate Bill 011 into law earlier this month giving Colorado motorists access to a valuable avenue for paying for medical expenses in the event they are injured in an auto accident.

In the past four years since the legislature repealed the No-Fault Act (which previously required that you purchase medical insurance to cover your accident-related medical expenses) accident victims have found out all too late that they are unable to get medical treatment that they need after an accident.

Under the new law (now codified as C.R.S. Sec. 10-4-635, et. seq.) auto insurance companies must now offer $5,000 of medical payments ("med-pay") coverage to Colorado policyholders. This is an optional coverage which can be declined by those who do not want such coverage. It will not raise everyone's insurance premiums as insurance industry lobbyists have threatened.

However, most Colorado motorists would benefit from having this additional coverage added as a part of their auto insurance policies in some degree. The following guidelines should help you in determining how much Medical Payments coverage you should choose under your policy:

1. Motorists who do not have a separate health insurance policy in effect: If you do not currently have health insurance this auto med-pay coverage may be the only way you would be able to pay for your medical care after an auto accident - even if the accident was not your fault. Most doctors and medical providers will not see a patient if they do not have insurance unless it is a life or death emergency. If you are not covered by health insurance you absolutely should purchase med-pay coverage under your auto policy. In fact, I recommend that you purchase as much coverage as your auto carrier allows.

2. Drivers With Health Insurance That Excludes Coverage For Auto Accidents: In the last few years, health insurance companies have started to limit their responsibility for paying for accident-related medical care by excluding such coverage from their policy. This means that you will have to pay for accident related medical care out of your own pocket. Unfortunately, many people do not find out that they have such a policy until it is too late and they have already been injured in an accident. It is very important for you to read your policy and see if there is such an exclusion included. If so, you also need to purchase as much auto med-pay as possible.

3. Drivers With Large Deductible Health Insurance: Anyone whose health insurance does not step in and pay benefits until a high deductible threshold has been met should secure med-pay coverage to cover the out-of-pocket expenses or deductibles not paid by their health policy. For instance, many catastrophic health policies will not pay any of the first $10,000.00 in medical expenses incurred in an accident. These drivers should purchase enough coverage to cover this gap.

4. Drivers Whose Health Policies Limit Physical Therapy Coverage: Many group policies in Colorado limit the number of therapy visits that an insured can have for any one condition in a policy year. If your policy only allows 20 physical therapy visits each year, it may be helpful to have a small amount of med-pay coverage to ensure that additional therapy visits will not have to be paid out-of-pocket.

5. Drivers Who Want Zero Out-of-Pocket Liability: Even if you have a good health insurance policy with low deductibles - you can spend hundreds of dollars meeting your deductible or in co-pays. This new coverage will make sure that this gap in coverage is closed for those who elect to purchase med-pay coverage.


 

Medical Payment Options Required in Colorado

Governor Bill Ritter signed Senate Bill 011 into law earlier this month giving Colorado motorists access to a valuable avenue for paying for medical expenses in the event they are injured in an auto accident.

In the past four years since the legislature repealed the No-Fault Act (which previously required that you purchase medical insurance to cover your accident-related medical expenses) accident victims have found out all too late that they are unable to get medical treatment that they need after an accident.

Under the new law (now codified as C.R.S. Sec. 10-4-635, et. seq.) auto insurance companies must now offer $5,000 of medical payments ("med-pay") coverage to Colorado policyholders. This is an optional coverage which can be declined by those who do not want such coverage. It will not raise everyone's insurance premiums as insurance industry lobbyists have threatened.

However, most Colorado motorists would benefit from having this additional coverage added as a part of their auto insurance policies in some degree. The following guidelines should help you in determining how much Medical Payments coverage you should choose under your policy:

1. Motorists who do not have a separate health insurance policy in effect: If you do not currently have health insurance this auto med-pay coverage may be the only way you would be able to pay for your medical care after an auto accident - even if the accident was not your fault. Most doctors and medical providers will not see a patient if they do not have insurance unless it is a life or death emergency. If you are not covered by health insurance you absolutely should purchase med-pay coverage under your auto policy. In fact, I recommend that you purchase as much coverage as your auto carrier allows.

2. Drivers With Health Insurance That Excludes Coverage For Auto Accidents: In the last few years, health insurance companies have started to limit their responsibility for paying for accident-related medical care by excluding such coverage from their policy. This means that you will have to pay for accident related medical care out of your own pocket. Unfortunately, many people do not find out that they have such a policy until it is too late and they have already been injured in an accident. It is very important for you to read your policy and see if there is such an exclusion included. If so, you also need to purchase as much auto med-pay as possible.

3. Drivers With Large Deductible Health Insurance: Anyone whose health insurance does not step in and pay benefits until a high deductible threshold has been met should secure med-pay coverage to cover the out-of-pocket expenses or deductibles not paid by their health policy. For instance, many catastrophic health policies will not pay any of the first $10,000.00 in medical expenses incurred in an accident. These drivers should purchase enough coverage to cover this gap.

4. Drivers Whose Health Policies Limit Physical Therapy Coverage: Many group policies in Colorado limit the number of therapy visits that an insured can have for any one condition in a policy year. If your policy only allows 20 physical therapy visits each year, it may be helpful to have a small amount of med-pay coverage to ensure that additional therapy visits will not have to be paid out-of-pocket.

5. Drivers Who Want Zero Out-of-Pocket Liability: Even if you have a good health insurance policy with low deductibles - you can spend hundreds of dollars meeting your deductible or in co-pays. This new coverage will make sure that this gap in coverage is closed for those who elect to purchase med-pay coverage.


 

Your Children Must Always Be in Car Seats

I constantly see kids standing up in vehicles, staring at me out the back windows or just bouncing around on an adult's lap. Don't adults know that in a collision, the body of an unrestrained child becomes a projectile, bouncing around the inside of the car? A child can be ejected from the car, through windows or the windshield and be fatally injured. Occupants of the vehicle can be injured by the child hitting their necks or heads. Sadly, so many people still have not gotten the message.

Are car seats too expensive? Or are people just plain lazy?

There are different types of car seat, usually varying depending on the size, age or weight of the child. Remember to buy a new car seat - old car seats may not have the latest safety features or may have been compromised in an accident.

Infant car seats - only face the rear; usually used in the back seat; may be used as an infant carrier and may be attachable to a stroller.

Convertible car seats - Used in the rear; when your child gets older may change into a forward-facing car seat or even a booster seat.

Booster seats - the last step before your child can safely wear a regular seat belt; used with the car's seatbelt.

It is important that you follow the manufacturer's instructions about how to attach the car seat. Also, you always want to send in the car seat's registration form, so you are notified if the manufacturer recalls the seat for any defect. If your child is wearing a heavy coat, make certain that the harness straps are tight. Make sure to tighten the straps when your child wears lesser outerwear (when the weather warms up). Some safety agencies recommend removing your child's outerwear in the car, so that the child can be fastened securely into the car seat.

Do not re-use a car seat after a serious accident - one that causes severe damage to the car. Get a new one.

Common car seat mistakes:

Placing child in wrong size car seat for his weight/size;

Placing a rear-facing car seat in the front seat of the car;

Not making sure the harness is tightened correctly;

Positioning the harness chest clip incorrectly;

Not using the latch correctly.

Not just a safety issue, it's the law. Below I summarize New York Vehicle and Traffic Law, Section 1229-c. For specific questions, consult the statute. No person shall operate a motor vehicle in this state unless:

(1) all back seat passengers under the age of four are restrained in a specially designed seat which is either permanently affixed or is affixed to such vehicle by a safety belt,

(2) all back seat passengers of such vehicle who are age four or older but under age seven are restrained in an appropriate child restraint system (+ combination lap and shoulder harness belts)

(3) all front seat passengers (a) under the age of sixteen are restrained by a safety belt; or (b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt, or children who are age four or older but under age seven are restrained in an appropriate child restraint system (+ combination lap and shoulder harness belts)

The rule changes somewhat if: the passenger four or younger weighs more than 40 pounds, or if the car is not equipped with shoulder harness belts, or if all the lap and shoulder belts are already in use by other children in the car

No person shall operate a motor vehicle unless such person is restrained by an approved safety belt. No person sixteen years of age or over shall be a passenger in the front seat of a motor vehicle unless such person is restrained by an approved safety belt.


 

How Reliable Are Online Background Checks?

When something looks too good to be true it usually is. Are online background checks all they are cracked-up to be? Are they really Instant and Nationwide?

SURPRISING TRUTH # 1: It is perfectly legal to do a background check on anyone at any time. Now I know that I've lost some of you who now think that I am off my rocker because you know that there are all sorts of forms that you have to sign with all kinds of legal warnings with criminal penalties and such, but I'll say it again. "ANYBODY CAN DO A BACKGROUND CHECK ON ANYONE, ANY TIME THEY FEEL LIKE IT." Because I want you to read this whole article, I am not going to explain those statements until further into the article.

SURPRISING TRUTH # 2: There is no instant national database of all criminal records that you can access. Right now you are probably sure that I am crazy. "Why just last night on Law & Order they got the bad guy's record . . ." There, you are talking about NCIC, the National Crime Information Center or otherwise known as the FBI files. While the FBI maintains the best and most accurate records, unfortunately, you can't get them, unless of course you are a federally insured bank, a defense department contractor, a nuclear power plant, a branch of the government itself or some other such entity. A surprising amount of otherwise intelligent people think that there are giant government databases with information on everyone including their criminal history, job history, credit files an even what books they check out of the library and what videos they rent. If that were true, why does it take the government itself four months and $2400 to conduct its own background checks? Don't believe me? Send me an e-mail and I will send you the link to the Office of Personnel Management website that shows the fee and time schedule.

SURPRISING TRUTH # 3: There is a big, big difference between everywhere and anywhere. The companies that sell database information advertise that they search everywhere, or at least that's what they want you to believe. Using the word Nationwide is designed to make you think that they check everywhere. The question then becomes, "If you don't check everywhere, what do you check?" The answer is that we check anywhere a person has lived or worked. It is much better to check ANYWHERE and get real records than to check EVERYWHERE and get inaccurate database records?

So if there's no such thing as an instant nationwide database what are these companies selling? First let me tell you what these databases are good for and then I'll tell you why they are dangerous. In some states of the USA their REAL criminal records are available in some kind of publicly accessible form. It may be on the internet and it may require a subscription or acknowledgment of permissible purpose for its use, but it is available. Texas is a good example of this. For a small fee you can go online and access the REAL criminal records of the state of Texas. Florida, Minnesota and Virginia are other examples of where you can get via these database services what I call "REAL" records. The problem is that these database companies don't tell the consumer (you) that is most cases and in most areas of the country you are getting either nothing or marginal information at best.

Here's why. The companies that collect and sell these database records, and the hundreds of companies that re-sell this information do not emphasize the weakness of their systems. This is why they emphasize the words "instant" and "nationwide" in their promotions. Everyone wants cheap and instant as opposed to slow and expensive, don't they? Can you imagine a website that advertises "Slow And Expensive Limited Area Background Checks." In fact to get really accurate records in most of the country it still requires in person searching at each county courthouse.

These companies get records where they can get them for free; usually from a state's Department of Corrections, which means you are only getting info on a person if he/she has been convicted of a felony and sentenced to prison. When most people think of a criminal history background check they think of all arrests and convictions; both misdemeanors and felonies and the court disposition, guilty or not guilty and the sentence. As you can see, if you are getting only felony convictions, you are getting only a small piece of the pie. For example; a person could be arrested a couple of times for having drug paraphernalia or a small amount of drugs in his or her possession. If the records you are getting only include felony convictions, you would have no record of that person's drug abuse.

The other problem that these Instant Nationwide background checks have is that in many areas of the country they get nothing at all because the states or the county superior courts or district courts don't furnish them with free records. Here is another example: Suppose you are a parent in San Francisco, Las Vegas, Salt Lake City, Boston, Atlanta or New Orleans (just to name a few) and you want to do a criminal background check. You go online and type in "background check" in Yahoo or Google and right away you see the ads for the "Instant Nationwide" background checks. You choose one of the websites that offers instant records, you pay your $19.95 or $49.95 and you put in the information on the person you want checked. Instantly the website tells you that there is no record found based on the info that you have provided. You feel great! You go ahead and tell the nanny that she can start tomorrow because she has passed the background check. Here comes the big kick in the gut. . . What the website didn't tell you is that their database records don't search any of those areas at all. You just paid $19.95 or $49.95 and got NOTHING, ZERO, ZIP, NADA. Disclosure: Actually the proceeding sentence is not 100% true. In Nevada and Louisiana the databases do search currently incarcerated prisoners in their respective prison systems. So if your potential nanny is in prison right now then it would tell you that he/she is in prison, but I guess you would already know that.

Now to explain the # 1 Surprising Truth: I'll say it again: Anyone can check anyone, anytime. If you are so inclined, you can check the criminal or civil record (or lack thereof) of your daughter's boyfriend (I do that on a regular basis) your crazy neighbor next door, your business partner, your doctor, your ex-husband, your mayor or even your priest. In fact, you don't even have to be a citizen of the USA to get these records. You can walk into the Superior Court (District Court in some states) clerk's office, in the jurisdiction where that person lives/lived, go up to the counter, fill out a slip of paper, hand it to the clerk and wait for the results. Remember that you will only get the records from that county, i.e., if a person lived in multiple counties you would have to check each of them. The subject of your search could be an axe murderer from the next county over, but your county court clerk would not have a record of it.

OK, now you've got the information, what do you do with it? This is the area where the law is concerned; what you do with the information! If you use this information to discriminate against a person, deny them employment, housing or entrance to a school, etc. then you are violating the law and opening yourself to big time liabilities and possible lawsuits. This is what all of the consent forms with warnings are all about. It's not the getting of the information that the laws are concerned with but the use of it.


Friday, June 13, 2008

 

How to Download Public Death Records Online

Dead men tell no tales, but Death Records can sure say a lot. They have come a long way since their humble beginning back at the turn of the 20th century. Today, Public Death Records form the set of Vital Public Records jointly with Birth, Divorce and Marriage Records. Public Records are much like reputation, you own it but you don't really have a say in it.

The details surrounding the death such as time and place of death, burial and funeral information, personal particulars of the deceased and some degree of his spouse's, children's and parents' are found in people's Public Death Records. It's also customary to put up an obituary alongside the death notice especially if the deceased was a distinguished figure in his lifetime and obituaries often show up as part of death records.

Some of the information contained in Public Death Records is actually quite private and people are known to be sensitive about it. That's why there can be restrictions on their accessibility and use, death records being public records notwithstanding. Other than that, Public Death Records are by and large freely available from government agencies and private sources alike.

People make use of Public Death Records for a multitude of reasons and purposes most predominant of which are catching up on long lost friends, tracing family trees and researching specific individuals. They are also widely used in Genealogy and other historical studies and are a primary resource for the Police and other enforcement bodies in their criminal investigation work.

Different states have different laws governing the access and use of Public Death Records. Furthermore, the death record databases of the various states are not linked. That means if it is not known which state precisely is the subject's state of residence, a state by state search would have to be conducted in order for the search to be exhaustive. Having that said, records within each state however are uploaded onto a central state repository.

They may be named differently but each of the states has a Statistics, Data or Records department or main office from which public records can be requested. With computerization and the internet, other down-line agencies within the states are expectedly also tasked and equipped with this function. Actually, Death Records Online is by far the most convenient and popular way of retrieving Public Death Records.

In cases where time is of the essence, retrieving Free Public Death Records from public offices is not a good option as they typically require queuing and waiting time. In any case, people are generally better off with commercial information providers as their superb service more than justify their fees, provided they looked in the right places and found the right one.


 

Divorce Lawyer New York - Peace Assured One More Time

Incidences of divorces are increasing at an alarming pace today. It breaks the heart of many to see the families crumbling and an overall happy atmosphere being turned into a hell. Many consider the side effects of a divorce far more harming to the kids than anything else. This however is only one side of the coin. Sometimes, divorce is the only option where the couple can separate on friendly terms and carry on with their lives once more. The legal angle for this, can however, be taken care by the divorce lawyer New York who guides you while charting the unknown territory. They provide anybody with their services despite your financial status and the family set up.

The divorce lawyer charges an affordable fee from you, which puts at rest your doubts regarding the messiness of your case. And yes, the time factor is also taken care of by the divorce lawyer New York because they understand its value. Proceeding in a stepwise manner they ask you the about the grounds on which you want separation. There are other aspects where you can go for the divorce. For instance, if you have been abused or neglected by your spouse. In this case, you are made to fill an application seeking the divorce immediately. Other issues like the custody of the children (if any) or the status of the joint accounts etc can be duly looked into by the divorce lawyer New York. There are other grounds on which a couple can seek the divorce which includes the instance of physical or mental cruelty, adultery or desertion.

In most of the divorce cases, the client has to maintain his balance and poise and thus co-operate with his divorce lawyer. In these cases, mostly tough questions are posed to couples seeking divorce. Therefore, both the concerned parties have to take care of each little detail that will come in handy during their presentation in the court. A properly certified divorce lawyer who knows his task quite well should be contacted for this purpose. Besides this, the lawyer must possess human qualities of compassion, patience and an eye for the proper presentation of their client's case. A good knowledge of law and an expertise of years helps in going to each and every detail of your life. This comes in handy in the court for the effective presentation of your case. Divorce lawyer New York is specially hired for his/her proven expertise while handling your case in a proper manner.

One can hire the services of some of the best lawyers' in New York by visiting the internet. You will find the address and contact number of one of the best divorce lawyer by visiting the internet. Usually, the divorce lawyers charge expensive fee form their clients, but the divorce lawyer New York charges you a fair amount as the fee. The human angle is duly cared for as he or she has already dealt with such cases with professionalism and compassion which is simply unmatched. Bid a bye to your divorce related worries now with divorce lawyer New York. Hey, we already see you smiling that long lost smile once again.


 

How to Legally Prepare For Natural Diasters

Natural disasters have caused havoc in more than ten states in recent weeks. Tornadoes swept across Minnesota, Kansas, Missouri, Iowa, Georgia, Colorado, Alabama, Arkansas, Oklahoma, and North Carolina causing damage and loss of life. Twisters were also reported in Texas and out West in California and in Wyoming. California has also seen wildfires. Earthquakes have shaken Nevada. As if these events aren't enough, the 2008 Atlantic hurricane season is now underway and forecasters say we will likely experience a well-above average season.

No one can predict when an emergency or disaster situation will occur, but if caught unprepared, a person faces a much greater burden and expense in resolving his or her legal affairs. It is with this in mind, that USLegal has created an online LegalLife Resource Center as a public service. It contains free and vital information to assist individuals in understanding and organizing the legal aspects of their lives.

Here are also five recommendations to assist you in being better legally prepared for natural disasters and other life emergencies:

1) Review your home, auto and life insurance policies and understand your coverage and policy limits. Specifically go over sections pertaining to physical damage caused by fire, hail, wind, tornadoes, flooding, rain, storms, hurricanes and earthquakes. Standard homeowner policies typically cover damage from wind, but not flooding or storm surge. Sometimes flood insurance can be purchased separately. Most standard homeowner insurance also does not cover damage caused by earthquakes. Check with your insurance carrier to determine if a separate earthquake insurance policy can be purchased. Comprehensive auto insurance will likely cover physical damage to vehicles caused by storms and earthquakes. Make sure to review benefit amounts in life insurance policies and update beneficiaries if needed.

2) Create a life document file which is a collection of important legal papers. A life documents file can include identification records such as birth certificate and social security card, contracts, deeds, insurance policies, medical records, photos, and a financial assets inventory. Maintaining records together in one place is beneficial in the event you need to grab them and go in the event you need to evacuate your area quickly. See the following link to learn how to create a Life Documents File:
http://www.uslegalforms.com/life-documents.htm.

3) Draft Will, Living Will, and Power of Attorney forms. Tragically, inclement weather events and earthquakes can cause injuries and take lives. Preparing essential legal forms ahead of time can help ensure that your wishes are carried out and lessen the burden on family members. You can prepare legal forms on your own by downloading state-specific documents from USLegalForms.com or consult an attorney in your local area to have documents prepared for you.

4) Store your important papers in a secure place such as a home safe or bank safe deposit box. Since these are vital records with lots of personal information, maintaining them in a secure location is necessary to prevent the misuse of your information.

5) Tell someone you trust about the location of your important documents. It can be an attorney, relative or close friend. Situations may arise where you are unable to communicate and a least one person should know the location of your important papers. You might also keep a back up copy of important records with an attorney if you have one or with a family member who resides in another geographic location.


 

The Dread of Divorce - How a Collaborative Divorce Saves a Lot More Than Money

Divorce . . . ranked second (only to the death of a spouse or child) as one of the most stressful life events according to a well-established research study*, often turns rational, respectful, caring couples into angry, spiteful adversaries during the legal divorce process. The result can have far reaching, damaging emotional effects for husband and wife, as well as their children for many years to come.

Unfortunately, these negative effects are widespread in American society as current statistics indicate that 50% of first marriages end in divorce, and 60% of couples who remarry become casualties of divorce. Traditional legal divorce proceedings, which usually pit husband against wife in a "win at all cost" manner, no doubt play a large part in the stress levels that couples experience.

A New Trend in Marriage Dissolution

There is a relatively new alternative to traditional divorce called Collaborative Divorce which minimizes the psychological trauma as well as the financial expense of divorce. Both parties and their respective Collaborative Family Lawyers sign a participation agreement in which they agree to work together to achieve a satisfactory settlement in a cooperative manner. The participants agree not to go to court and to voluntarily disclose relevant information. Settlement is achieved through four-way conferences, informal discussions, and other non-litigation alternatives.

Both attorneys spend their time and effort to settle the case instead of preparing for and conducting a trial. Collaborative Divorce requires that all parties cooperate, and act in good faith with integrity and honesty. This means the process moves forward much more quickly -- requiring less time from each attorney -- resulting in lower legal fees. Nonexistent are the traditional, adversarial divorce tactics couples engage in such as exaggerated accusations, delays, "wearing the other side down", etc.

Comparison of Contested Divorce Litigation and Collaborative Divorce

Common Questions:

I am so upset and angry right now, how can I talk to my spouse about collaborative divorce?

The Collaborative Law process uses the attorney's roles and structured agendas to make talking to your spouse easier. Couples who see the benefits of Collaborative Divorce -- both emotional and financial - put their emotions aside during the very structured meetings. Couples who behave irrationally, or cannot overcome extreme anger may not be candidates for Collaborative Divorce.

In Collaborative Divorce, will I still get a lawyer who will vigorously represent my interest?

Yes. Attorneys are trained to advocate their clients' interests no matter what the circumstances. If you are not satisfied, you are free to hire another attorney.

What if we sign an agreement and later my souse doesn't abide by it?

Final agreements reached through Collaborative Law are drafted into a court order which, when signed by the judge, becomes an enforceable decree. How do I know if Collaborative Divorce or Traditional Divorce is best for me?

Consult a family law attorney who practices Collaborative Law and offers traditional divorce services.

Collaborative Divorce may be an option for many of the millions of couples who divorce each year and want to avoid court, save money, and have both parties' needs met. Typically, it results in a less emotionally destructive and more dignified divorce for all involved. Indeed, the most important difference between divorce resolved in court versus a Collaborative Law Divorce is not the outcome, but what happens along the way. And we all know from experience in other aspects or our lives that we have to live through the journey to get to our destination.


 

Pneumoconiosis in Railroad Workers

What is Pneumoconiosis?

Pneumoconiosis is a general term for a lung disease that develops as a result of the inhalation of dust and other dangerous particles. Most commonly, these particles are inhaled by workers who work in close contact or proximity to dangerous substances. When the dust of these substances and materials enters the air it is inhaled by the workers, causing the development of serious health problems further down the road. These particles damage the lungs over the years (and even decades) leading to a various types of lung disease. In some cases, the disease does not show any outward symptoms until many years after it first developed. This makes the many types of pneumoconiosis very hard to treat in their early stages of development.

The term pneumoconiosis covers many types of lung disease including, but not limited to - asbestosis, silicosis, siderosis, and bauxite fibrosis.

The Effects of Pneumoconiosis

Depending on the type of dust and particles inhaled by the worker, the effects of the pneumoconiosis will be different for each type of worker. For example, asbestosis often leads to the development of lung cancer. The asbestos fibers that are inhaled stay in the lungs for many years after the initial inhalation, causing the development of cancer cells over time. Silicosis, on the other hand, is caused by the inhalation of silica dust and does not develop cancer cells over time. Instead, this type of pneumoconiosis drastically affects the function of the lungs, causing shortness of breath, fever, and other serious health problems.

If you believe that you have developed a form of pneumoconiosis, it is in your best interest to visit a doctor immediately. A trained physician will be able to examine and evaluate your health concerns. It is important to not delay your visit to the doctor if you believe you have developed a form of occupational pneumoconiosis. The earlier you are able to have the disease diagnosed, the better chance you have of treating it.

Contact a FELA Lawyer Today

If you are suffering from the effects of some form of pneumoconiosis, contact an attorney after visiting your doctor. Pneumoconiosis is commonly caused by the inhalation of dangerous particles in a variety of working situations. If you are a railroad worker who has developed a lung disease as a result of dangerous dust particles at work, contact a FELA lawyer today to learn more about your legal rights and options.


 

Capital Punishment

Capital punishment is the legal process which ends the life of a convicted felon. In theory, it is applicable only to cases involving murder. Since the practice was re-instated in the United States in 1976, 1009 people have been executed, as of April 2008. The United States is the only industrial, fully developed, Western country that still allows the death penalty.

Despite its somewhat frequent use, the death penalty garners a lot of attention and controversy. Arguments, both for and against the practice, are based on a combination of factors including morals, practicality, religion, and emotions. The arguments in favor of the death penalty generally focus on its ability to deter crime, its guarantee that a convicted murderer won't murder again, the closure it provides to surviving victims or loved ones, and its perceived justness for some crimes.

The arguments against the death penalty are much more varied. Frequently, they focus on refuting the arguments made in favor of the death penalty. Another argument is that the practice cheapens human life. Opponents also note that using the death penalty sinks governments to the same level as criminals. Other people object to the practice based on its history of bias and the number of cases in which it has been determined after the felon is executed that he or she was, in fact, innocent.

In 1972, during the decision for Furman v Georgia, the Supreme Court completely stopped the practice of capital punishment. The court struck down all capital punishment statutes in the country. Many at the time felt that the majority of the states would not re-write or re-create death penalty laws; however, 37 of the 50 states enacted new capital punishment laws.

The states that adopted new capital punishment statutes created either mandatory or bifurcated laws. Mandatory laws remove juror discretion from the sentencing process. Some crimes automatically receive the death penalty. Bifurcated statutes split the process into two trials. The first trial determines whether the accused is innocent or guilty. A second trial decides the sentence for the convicted. These statutes also involve various procedural limitations on a jury's ability to pronounce a death sentence.

The Supreme Court effectively re-instated capital punishment when it upheld bifurcated sentencing procedures in Gregg v Georgia in 1976. In 1977, the court removed the death penalty for rape convictions and, by implication, for any offense other than murder.


 

Free Police Reports - Is it Possible to Get Public Records For Free?

Getting your hands on free police records has suddenly become something that everyone wants to do. The reasons vary from checking out the credentials of a new day care provider to investigating a possible lover that you have met online.

Regardless of the reason, obtaining a criminal background check on someone is often a process that is of utmost importance. This is especially true when it comes to ensuring the safety of yourself or a member of your family.

When someone gets arrested, it is often added to what people refer to as their "public record". While this is definitely true, the real confusion begins when you try to figure out how to get your hands on such records in order to do a do it yourself criminal history report.

The only real sure fire method is to actually petition the courthouse of the jurisdiction where you believe that the person you are investigating has committed a crime. There are however, a few things that you will have to keep in mind.

1. You are not entitled to these records - In order to view someones criminal history, you will often be forced to fill out what is called an "application for information". Once this is filled out the officials will either approve or deny your request. If you are approved, it will be your responsibility to go through these records one by one until you find exactly what it is that you are looking for.

2. You may have to look in more than one place - These type of records are specific to the jurisdiction in which they occurred. Therefore, in order for you to get a comprehensive reporting of someones criminal indiscretions you may have to travel to several courthouses to make sure that the information that you have is complete and accurate.

3. Sometimes do it yourself is not best - Keep in mind that some things are best left to people that know exactly what they are doing. Many times when seeking to get free police records the reasons for seeking such records are of extreme importance. Often times the results will directly relate to the safety and well being of either ourselves or someone that has entrusted their safety to us.

While it is true that getting a criminal background check is a solid and reliable way to verify the character of someone that might give you a feeling like something is wrong. The information that you obtain very well could be worthless if you are not looking at the whole picture. Free police records that you can find on your own may very well leave out some very important pieces to the puzzle. For this reason i always advise to do your homework to ensure that the information that you are getting is both complete and 100% accurate.


 

Social Media Bible - Everything Legal Professionals Need to Know About the New Media Revolution

I remember years ago, I was working with a nice fellow from the Philippines who could barely speak English and who acted scared as hell of going to court because of it! One of the things that I do most often is act as a kind of cheerleader trying to convince father's that they "can" do this as long as they're prepared. It doesn't matter if you can speak English or not, or even if you're scared as hell. If you're prepared, in writing and package your case correctly, you'll do as well as anyone.

So, this guy spends a great deal of time writing up a responsive declaration to a restraining order that his wife is trying to obtain against him. He also responds to her false and/or grossly distorted allegations involving parenting and divorce, serves everything correctly...to all the right parties and files everything correctly at the different departments of the court. He goes to court with the following strategy.....he says to the judge, "Your Honor, I'm a little nervous today, so I've taken the time to put everything I have to say in writing. If you have any questions, your Honor, please ask me."

Well, here's what happens, because the guy spoke very little English, acted nervous and had the "guts" to be there in the first place, the judge actually began helping him out...actually jumping on his side, chewing out the "X" wife for bringing such an outrageous request before the court and scolding her for trying to keep the kids from him. The judge not only gave him what he wanted, he asked if it was enough! True story!

Now most of you reading were either born speaking English or are very fluent speakers. If my client can win his case and he can barely even understand basic English, imagine what you can do!

But if you want to remain too scared to try, that's fine. My contention, though, is if you want to improve your personal case you don't need experience and you don't necessarily need an attorney. Instead, what you do need is to become what I call is a "welcomed-guest" in the court room by being prepared in writing prior to the hearing. This shows respect for the court's process and the court becomes more prone to grant what you're asking for.

So that's what we're all about. That's what we do for our clients...we prepare them for court by giving them as much legal information as possible. Not legal advice, just solid legal information based upon what other successful fathers have done in their situations.


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