Friday, December 26, 2008

Are New Bankruptcy Laws Going To Help You?

By: Frank Hague
There are 2 sides to the changes in bankruptcy rules. It will be a lot harder to file bankruptcy under chapter 7 and get a totally clean slate.

For businesses, relying on issuing credit, the new personal bankruptcy law is doing great, reducing personal bankruptcy claims from the thousands to double digits.(In the short run).

However, lawyers working with the actual people filing for bankruptcy say that the new law is seriously flawed because it puts more financial burdens on already broke clients and reduces potential debt repayment to small businesses.

And then of course you have the credit card companies charging high interest rates which in quite a few cases caused the bankruptcy in the first place.
According to some financial specialists, much of the debt people accumulate is a result of keeping up with the Joneses and not thinking ahead.

For 80% of clients counseled each month, the debt is credit card related and averages $32,000 - a result of six to eight cards. Consumer credit organizations say the new law provides debt-reducing strategies for those considering filing bankruptcy and curbs abuse.

Under the new law it has become a requirement that the person filing bankruptcy obtains credit counseling both before and after filing for which that person will be charged..

So now the consumer would then know the advantages and disadvantages of declaring bankruptcy. Yet it seems merely another expense for an already financially stressed individual.

People filing bankruptcy in general are not overspenders, but merely faced with temporary financial disasters such as medical costs, layoffs, a divorce, gambling debts or other crises. Before you can file bankruptcy,you are now required to complete credit counseling with an agency approved by the U.S. Trustees office.

This credit counseling is designed to help you determine whether or not bankruptcy is appropriate.

Once you complete your bankruptcy, the law requires you to attend another credit counseling session.

These are new requirements, before this law was passed the law did not require a person to go through counseling either before or after the filing of bankruptcy.

Second, under the old law, a person could decide to file under Chapter 7 or Chapter 13. Under the new law, the court will look at your monthly income and apply a means test relating to the state in which you live. If your income is less than or equal to the medium income then you will be allowed to file Chapter 7 which in effect will give you a clean slate.

This medium income can vary from $28,000 in Missouri to $56,000 in Alaska. If your income is greater, you may be forced to file Chapter 13 unless you can demonstrate you do not have enough disposable income.

Under Chapter 13 you will not get a clean slate but will have to make payments on your debts.

Also, your attorney now has to personally certify that your bankruptcy filing is accurate. This means more work for the attorney, with higher legal fees.

Advantages of declaring Bankruptcy:

Legal protection from creditors
Takes care of all or most debt
In some cases, can keep home and car
May stop complete financial ruin
Provides a fresh start

Disadvantages of declaring Bankruptcy:

Bad credit
May have to repay partial debt load and return collateral to creditors
May lose assets, including house and car (If the house is worth more than a certain amount).
Bankruptcy becomes public record, and
Remains on credit record for seven to 10 years

“In the past, a bankruptcy offered a fresh start for the filer,” said Columbia attorney Gwen Froeschner Hart. “The new federal legislation offers language directed at helping creditors.”

If you analyze credit card expenses for most people you'll see that they often include medical bills and day-to-day expenses for the elderly or those earning low or fixed incomes. Records show that 50% of credit card holders do not pay their full credit card bills every month.

33% of the population can't afford medical insurance so have to charge their prescription drugs.
With the recent Medicaid cuts and rigid bankruptcy legislation who knows what is going to happen to these people.

There are some who say consumers are abusing creditors. The irony is that credit card companies are begging for customers and offering large amounts of unsecured credit, yet at the same time, lobbying for stricter debt controls.

About the Author
Frank Hague is interested in anything to do with Bankruptcies

Published At: www.Isnare.com
Permanent Link: http://www.isnare.com/?aid=29430&ca=Finances

Defending Your Rights under the Employment Laws

by: Rainier Policarpio
With the changing times and increasing accounts of job-related disputes comes the need for various laws that focus on resolving these particular issues. Along with this, the employment force must be able to fully understand their rights under the pre-existing law provisions and utilize them to protect their own interests.

Specifically in Los Angeles, the workers are guaranteed of legal remedies and protection from abusive employers who fail to manage them lawfully. Here are some of the following rights and privileges that are somehow helpful for the employees who may have experienced employment discrimination or abuse:

Right against Discrimination

As stated under the California Government Code and Federal Code Title VII, it is unlawful to discriminate and/or harass workers based on their:

• Age

• Race, color or national origin

• Gender or pregnancy

• Religious affiliation

• Marital status

• Disability

In addition, as provided by the Labor Code, employers are not allowed to retaliate against their employees who:

• Uphold their rights for reasonable wages

• Filed their complaints regarding the unhealthy and/or hazardous work environment

• Asserted their rights for worker’s compensation

• Testify before the court, revealing the illegal activities in the company

• Involved themselves in other lawful activities not related to work such as political activity and skills enhancement trainings

Any employee who will experience these violations may file their case with the Equal Employment Opportunity Commission the California Division of Labor Standards Enforcement within six months prior to date when the discriminative act occurred.

Family and Medical Leave Act

Every employee may have the right to utilize a three-month leave without the fear of losing his or her job for the following reasons:

• Take care for a newly born baby or adopted child

• Provide attention for a family member who has a serious ailment or health condition

• Seek treatment for his or her own sickness

Organizing a Labor Union

Employers do not have to interfere in any manner regarding the formation of a labor union and any of its lawful activities. Unless these labor actions are being done in an orderly and under the limits of the law, the company owners cannot file any case against union members.

Any instance of employer interference or harassment related to this issue may be reported to the National Labor Relations Board within a period of 180 days.

Workplace Safety

To protect their workers from possible hazards in their workplace, the employers must provide them with adequate training seminars and programs on how to protect themselves on the job. If necessary, the companies must supply all the protective equipment and gears.

Employers disregarding this right of the workers may be brought to the Division of Occupational Safety and Health.

Right to Representation

All citizens, not just workers, who have been aggrieved, discriminated and/or harmed, have their basic right to legal represented. Therefore, in filing their respective claims and complaints, the affected employees may seek the assistance of Los Angeles employment law defenders who have the proper knowledge and skills in preserving their rights.

This is certainly beneficial, especially for those workers who do lack the any background about the laws that safeguard their welfare. To add, labor attorneys can help their clients in establishing a strong case against their illicit employers.

Please do visit our website at http://www.expertlosangelesattorney.com/EmploymentLaw.html and seek the assistance of our Los Angeles Employment Law defenders if you think any of your rights as a worker have been violated. Our expert Los Angeles attorneys will do their best to establish a winning case for you.



About The Author
Rainier Policarpio used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.



Wednesday, December 24, 2008

How the Law of Attraction Affects Your Personal Relationships

By Peter P. Williams

Your personal relationships are critical to your happiness. You don't want to fill up your life with hatred or individuals that depress you. Actually, you would like to keep the people that build you up and make you happy, giving you the drive that you're seeking in life. Once you're sincere and desire a genuine relationship with someone, you'll need to use the Law of Attraction to cause it to work.

When looking for that special person to share your feelings with, to laugh and love with, you'll want to apply the Law of Attraction in order to discover the right person. If you're looking to reach a better relationship, you'll have to make certain that you're doing all you can to advance your personal relationships.

Listen to your internal feelings. If you're heeding to your instincts, you will be more assured in the decisions that you're reaching. You've got to be confident in what you want in life and in the person that you are. Being prepared in life and all that will come to you is essential. Decide what you desire and go after it. Allowing the Law of Attraction to assist you is one way to get to where you desire to be in your life.

Believe in what you do and who you are. There are quite a few things that you are able to do to guarantee that you're blissful in all your relationships. When you discover yourself in a relationship that is less than comfortable, you should turn your thinking to the Law of Attraction and all it is able to do for you. You must to remember that you're of value and that you deserve the absolute best. You are in control, make your life exactly what you desire.

Examine yourself and decide exactly what you desire to change in your personal relationships. Is everything, as you'd like it to be? Are there issues that make it difficult for you to love the individual that you are in a relationship with? Don't ever settle for something less than what you deserve. You are the only one that holds control of your life and the relationships that you're in. If you get composed and in control of your life, you will have great feelings and the encouragement you need to be happy in life with your personal relationships.

You're the only one that is in control of your life and you know what is best for you. The Law of Attraction will help you in discovering what you truly desire. This Universal Law will show you how to be more confident in who you are and in everything you do. When you are positive and think about the relationships that you want, you will have the power that you need to create a more fulfilling and better personal life.

It is important to have healthy relationships in life. The Law of Attraction will be there for you and give you the support that you need to make good decisions about your personal relationships. your life.

For many more useful Law of Attraction secrets make sure to visit http://LawOfAttractionSecrets.Homestead.com - a 100% free site that gives you the tools you need to improve your life.

Bring people closer using the Law of Attraction


Sunday, December 21, 2008

Los Angeles Personal Injury Law Firms

By Kevin Stith

Los Angeles has hundreds of highly respected law firms handling cases of personal injury. Many are one-man operations, but there are larger firms as well. Regardless of the size, most are competent, and dedicated to obtaining the best deals for their clients either through settlements or through trial and verdict.

Once the victim or his people choose a lawyer, either with the help of friends, the Bar Association or other sources, the lawyer’s background can be checked through organizations that provide such services.

In the field of personal injury law itself, there are different areas of specialization. If the firm that the victim contacts does not handle his type of case, he is usually dire




Saturday, December 20, 2008

Oregon Personal Injury Lawsuits

By Jennifer Bailey

Personal injury lawsuits are those that relate to injuries caused by another person or another person’s object or a company. Personal injuries lawsuits are claims for invasion of a personal right like false imprisonment, causing mental suffering, any kind of harm, disease or death caused by another person. Personal injury law deals with protecting of those individual’s interests who have been victims of recklessness, negligence, inaction or malpractices of others. It also includes defective drugs, medical malpractices, worker’s compensation and product liability.

Each state in the US has its own personal injury laws. Oregon has some strict personal injury laws. These come under both federal laws as well as state laws. Personal injury law is also known as “Tort Law”. A tort is simply any injury caused to a person by another. Anybody can claim for damages under this law for physical or emotional injury as well as for property damages. In case of death, the family members of the deceased can claim for damages. The Torts Law can be based on three grounds: strict liability, negligence and intentional wrong. Strict liability is generally against product manufacturers whose product may have caused some injury; negligence is against anyone who could have prevented the injury and intentional wrong is against anyone or anything that has intentionally caused the injury e.g. domestic battery. The most common lawsuits relate to negligence.

Personal injury claims are made when the party that has caused the injury fails to compensate for the damage - or when the compensation is not felt to be fair enough. Generally, most claims can be settled by arbitration or through small claim courts. However, bigger claims require the help of an attorney as the lawsuits can be quite complex and long. A good Oregon personal injury attorney would be able to help you in the legal proceedings relating to the personal injury lawsuit. The lawyer would legally assist you in determining how much the claim is worth and also help in getting sufficient compensation from the insurance company.

Personal injury lawsuits should be handled only by experienced personal injury lawyers. There are many personal injury lawyers in Oregon. You can look for them in the Yellow Pages or in websites over the Internet. Friends or family members who have had experience in fighting personal injury cases can also provide referrals.

Oregon Personal Injury Lawyers provides detailed information on Oregon Personal Injury Claims, Oregon Personal Injury Funding, Oregon Personal Injury Law Firms, Oregon Personal Injury Laws and more. Oregon Personal Injury Lawyers is affiliated with Wrongful Death Attorneys.


Tuesday, December 16, 2008

Can You Drink and Avoid the DUI Laws

By Cary Bergeron
Because everyone's bodies are different and the law needs a place to draw the line, drunk driving laws in every state have a set blood alcohol content level that is considered "drunk driving." This is .08 in most states. However, many people can be drunk with levels far below this, and the amount of alcohol it takes to reach the "legal limit" according to DUI laws varies from person to person. For this reason, it is best to never drive after drinking.

When does impairment begin? We know that .08 is an unsafe level because once blood alcohol content reaches this point drivers are 11 times more likely to be involved in a car accident. However, what about a blood alcohol content of .02? Is this considered "safe" to drive?

When researchers look at blood alcohol levels to determine what is safe, participants with blood alcohol levels of .02 are already showing a loss of judgment. This is the point where alcohol helps you to relax and enjoy yourself. You do not yet feel drunk, but you are able to party a little harder. However, when you step behind the wheel of a car, you will suffer from lowered visual functions. You will also find it difficult to multitask. This means that simply reaching down to turn on the radio while you are driving could be too difficult for you, causing you to be in a crash.

What about a couple more drinks? Let's say that your blood alcohol content increases to .05. At this level, you can expect to see exaggerated actions, inability to focus your eyes quickly, less alertness, less inhibition, and more impaired judgment. Your coordination is greatly reduced, which is particularly dangerous when you are driving. Your response in an emergency situation is going to be very slow, putting those around you at severe risk. Yet at .05 you are still far below the legal DWI limit.

The good news for other people on the road is that most states have DUI laws that allow the officer at the scene of a crime to arrest you for DUI even if your blood alcohol content level is less than .08. Of course, many drivers are able to get out of these convictions with a skilled DUI attorney, but this will require quite a bit of money out of your pocket, and you will still live with the consequences of causing an accident. If you are going to drink, designate a driver. Even just one or two drinks can severely limit your ability to function behind the wheel of a vehicle.
To find out more about DUI Laws be sure to visit http://www.DUIConsequences.com Also if you are looking for Pennsylvania DUI Laws our site has that too.

Article Source: http://EzineArticles.com/?expert=Cary_Bergeron

Sunday, December 14, 2008

Lemon Laws for New Vehicles

By Greg Artim
Every state has some type of Lemon Law for new cars. This is a law that sets forth your rights and the potential remedies available to you in the event that you have purchased a defective vehicle from a manufacturer. While some states' laws are better than others, they are all very powerful and for the most part are very consumer oriented.
A typical Lemon Law is based on the premise that any vehicle which exhibits a defect or non-conformity that substantially impairs the use, value or safety of that vehicle is a lemon. Generally speaking, defects involving the engine, transmission, brakes, suspension, electrical system, water leakage and steering are the types of defects that make a vehicle this. Please know that the offered list is not all inclusive, as there are other types of defects or situations that can make a vehicle a lemon.
Lemon laws typically provide that the manufacturer must be given a reasonable opportunity to repair the alleged defects. The number of repair attempts that are deemed reasonable varies from state to state, but it would be safe to say that the average number of repair attempts that are sufficient to meet the "reasonable" standard is three to four.
If the manufacturer is unable to correct the defect or nonconformity after making those repair attempts, most states provide that you are entitled to either a full refund of the purchase price or a free replacement vehicle. A full refund means that you are entitled to recoup any down-payment, trade-in equity, payments made and associated costs that you had with the purchase of the vehicle. A free replacement vehicle means that you can receive a brand new model of the vehicle that you are driving, at no increased cost to you. With either of the aforesaid options, the manufacturer is often entitled to a deduction for mileage that you have driven the "lemon" vehicle. This deduction typically amounts to a few hundred dollars.
Please know that this has been merely a general overview of Lemon Laws for new vehicles. You should consult either an experienced attorney in your state or your state's lemon law for a definitive answer regarding any questions that you may have regarding these types of laws and your new vehicle.Greg Artim is a Lemon Law Attorney based in Pittsburgh Pennsylvania. He recommends visiting http://www.50stateslemonlaw.com to find answers to more of your lemon law questions.
Article Source: http://EzineArticles.com/?expert=Greg_Artim

Tuesday, December 9, 2008

Hidden Camera Laws and Legal Advice

By Mike Josh Ward
If you are planning to install a surveillance system in your home or business it is wise to examine your states privacy laws and consider areas where you may be in violation, which could result in hefty fines and/or a jail sentence. It is unlawful to install covert or hidden security cameras in areas considered to be a private place.

United States privacy laws define a private place as somewhere one can be assume to be safe from unauthorized surveillance. This includes areas such as locker rooms, changing stalls, bathrooms, bedrooms and hotel rooms. This means that you cannot install hidden security cameras or listening devices in these areas without prior written permission from the individual. State laws regarding security cameras are not uniform across the board. Only a small number of them have statutes regarding hidden camera installation. They are Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah.

In most cases evidence gathered using hidden video cameras will still be admissible in a court of law if a crime is committed whether permission was granted or not. While it may be illegal to install a security camera in a retail store dressing room, footage capturing shoplifters in these areas is still often used to prosecute criminals. The two circumstances covert observation is considered illegal are when the owner of the premises has not authorized observation, or the recorded video/audio is used for illegal means.

Privacy law and the use of hidden security cameras is currently an area of major controversy. This technology has improved rapidly over the last 10 years and laws are still being developed to deal with its implementation. Tools that were once only available to high end law enforcement and government spies can now be purchased by anyone. A fully functional wireless security camera setup including transmitter, receiver, or built in data storage can be purchased for as little as $50. This double edged sword has allowed individuals and business a sense of security previously unattainable, but the easy installation of wireless security cameras has also given way to significant abuses. Research has shown that even a large portion of lawful security cameras are regularly used for voyeuristic purposes.

Unfortunately they way it sits right now there is very little that can be done to prevent people from installing illegal spy camera. As a business or homeowner you can keep yourself out of trouble by checking your state laws or consulting a private investigator or lawyer about your security system setup.
About the Author: Mike Ward is the owner and operator of Protection Depot, a leading online provider of wireless security cameras and hidden cameras. For more information about security cameras, please visit http://www.security-cams.com.

Article Source: http://EzineArticles.com/?expert=Mike_Josh_Ward

Sunday, December 7, 2008

The 14 Focal Points of Personal Growth - Number 6 is Obedience

By Jeffrey P Brown
To Americans, obedience sounds like a four letter word. In this land of freedom, first amendment rights, a general open society, it is difficult for people to take the word "obedience" into their hearts and cradle it like an adorable and cuddly newborn. After all, just look at what people put on their bumper stickers: The Closer You Get, the Slower I Drive; If You Can Read This You're too Damn Close!; Watch Out for the Moron Behind Me; Warning: I Break Whenever I Feel Like It: Bitch on Board; Diva Mobile; No Fear; Keep Honking While I Reload.

So it isn't too difficult to imagine these people having a problem with this concept. Nevertheless, why is obedience important? Well, consider the fact that if everyone did as they desired on the roadways (and I should qualify that, more than they do already-what I call, creative driving) then there would be a greater number of accidents and chaos. Same with obeying any and all laws. Unfortunately, we do have a problem with obedience so there are a lot of laws. But let's move on to how obedience is personally helpful to you.

When the word obedience is invoked, most have a picture of a school marm leveling a ruler at an unruly student. Or Sister Watch-it-mister about to give the boy who can't keep quiet a good dusting, and then some. But that is not what is being spoken to here. Obedience is an essential element to those who are successful. If you are going to be successful, there is a dire need for obedience to your own laws. Of course, these laws are pretty general, but you accept them, modify them, and make them your own. Without obedience to your personal laws of success, if I may, then there is no success. What do I mean?

Well, in order to be successful, you have to have goals: short, medium and long term. You have to focus on them on a regular basis, keep them fresh in your mind and modify them as you see fit. If we are talking success, most likely you are in business for yourself. There are those who have a job and climb the corporate latter to success (at least I think people still do this); however, because of the instability of the current economic environment, more and more people are going into business for themselves. This is happening because some people see the get-a-job-and-find-the-American-dream matrix for what it is. As I've stated previously, more and more people are falling out of the middle class-most, unfortunately, falling down. It is becoming more and more expensive and almost impossible to make ends meet. Here's some interesting information for you, a testament as to why obedience is imperative. I'll explain in a moment. Bear with me.

By 2004, the family budget looks very different. As noted earlier, although a man is making nearly $800 less than his counterpart a generation ago, his wife's paycheck brings the family to a combined income that is $73,770-a 75 percent increase. But higher expenses have more than eroded that apparent financial advantage. Their annual mortgage payments are more than $10,500. If they have a child in elementary school who goes to daycare after school and in the summers, the family will spend $5,660. If their second child is a pre-schooler, the cost is even higher-$6,920 a year. With both people in the workforce, the family spends more than $8,000 a year on its two vehicles. Health insurance costs the family $1,970, and taxes now take 30 percent (today, it's actually 42 to 50%) of its money. The bottom line: today's median-earning, median-spending middle-class family sends two people into the workforce, but at the end of the day they have about $1,500 less for discretionary spending than their one-income counterparts of a generation ago. (Elizabeth Warren, Harvard Magazine, "The Middle Class on the Precipice", Jan. / Feb 2006)

In the early 2000s, the median income for the majority of families (dual income families) was $73,000, of which $55,600 was for fixed costs (mortgage, child care, health care, car, taxes) while $18,110 was allotted as discretionary income. Not much of a buffer, is it? Most of this money being spent on cloths, food, credit cards, cable / satellite TV, entertainment and so on. Even though the families combined income is a 75% higher than in the 70s, the cost of living adjustment has almost negated any gain. So many are now seeing having a business as the only way to go, where you get great tax breaks not great taxation.

So why is obedience important? Why has obedience to your own principles taken on such great importance? Well, because of downsizing, corporate outsourcing, and mostly because of cost of living, there is a greater and greater need for an alternative to the grind-it-out, let-the-tax-man-take-40%-before-you-even-see-it, climb-the-career-latter mode of operation. It is an outmoded and unsafe way to live, living on the edge, or as Warren says above, the "precipice." The belief that an education and hard work is going to help you make ends meet is a myth and a fantasy. You can certainly make more money with mom and dad both at work with college degrees but it just doesn't cut it like it used to.

I know couples who are making $80,000 and are struggling. In my father's day that was enough money to live comfortably, and we did, but now it's a pipe dream, and even dual incomes can't blow out the pipes. So bottom line, if you are not obedient to a constant vigilance of the economic and political environment (national and international), and an observance of emotion based success principles (many people are smart, creative and insightful but shoot themselves in the foot with sloppy, lazy, downright improper thinking habits) in order to make the money needed to live comfortably and with less damn-those-stinking-bills stress, you, my friend, are in trouble. It is time to wake from the matrices you live in, smell the true economic environment and get going.
Before I close, consider these other issues in regards to obedience:

Obedience to truth. Who wants to work with, associate with, be around someone who isn't obedient here?

Obedience to our spouses and children's welfare.

Obedience to our need to support them.

Obedience to choosing leaders we feel would do the best job in government.

Obedience to knowing on a consistent basis where the money's going, how much you have and where you can get more if you need to.
Jeff has worked as a computer programmer, standup comic, college professor, and entrepreneur. He has been writing for over 25 years: novels, poetry, essays, humor.

He reads anything that isn't moving or tied down: history, science, math, theology, philosophy, marketing, sales, etc.

You can find his current novel Black Body Radiation and the Ultraviolet Catastrophe at http://Amazon.com and http://BarnesandNoble.com

Article Source: http://EzineArticles.com/?expert=Jeffrey_P_Brown

Saturday, December 6, 2008

Personal Injury

By Paul Barry
Experiencing accidents is a part of life. Even if you take the strictest precautions, nothing will prepare you when accidents decide to strike. What is worse is that personal injury due to accidents may not be our fault. We have as much chance getting injured due to other people's negligence than our own lack of preparedness. When you are grieved and hassled because of an untimely event, you have to make sure that the person responsible for your accident will answer to your claims.
Personal injuries caused from accidents can affect you in many ways. Simple injures can give you unnecessary inconvenience; minimal but all the more unnecessary. When the injuries are severe, the toll to your lifestyle is much affected. Pretty soon you will be counting the lost hours from work, missed opportunities, and snowballing financial turmoil such as debt and delayed bill payments. Naming a price for the emotional and physical impact of a personal injury due to accidents is very difficult.
To ensure that you are given the compensation well within your rights, approach a third-party that handles personal injury claims. Personal injury consultants evaluate your case and assess the legitimacy of your claim. If they believe that there is a great chance that you can win your accident claim, they will sign up as your solicitor. These companies are instrumental for the claimant who does not fully understand how claims for personal damages work. The lack of information on the part of the claimant will make them vulnerable when the accident insurance company convinces them to take low cash benefits. At the same time, claimants do not know the limits and the process of making claims. Accident claims exist to establish the rights of the claimant and the obligations of the party responsible for the accident.
Accident claims are a grueling process for the unprepared. Insurance companies can bully you into different terms and conditions to force you to settle for lower benefits. In addition, insurance companies may stall the cash benefits such that it will be useless for you when the cash arrives. Personal injury claim companies will guide you in getting your rightful compensation at the earliest possible time. With them on your side, they can act as negotiators so that you can get more for the financial and emotional damage caused by the personal injury.
Personal injury claims consultants can also help you establish a case against the party that you feel is responsible for the accident. Claims can cover traumas due to medical negligence, road traffic accidents because of an unruly driver, or slips and falls because of a wet corridor in a building. Claims companies will help you go after those responsible for your accident. Once you request an assessment regarding your claim, they will verify if a party is at fault. This way, the accident claim can go after the insurance company of the responsible party to collect the victim's compensation.
Companies that help in your personal injury claims adopt a no win no fee policy. No win no fee policy means that if you decide to make a claim with a solicitor, he cannot collect a fee until you win your claim. In addition, the cost of the solicitor should be reimbursed from the insurance company of the other party. Win or lose, you do not have to pay the claims company.
Making a personal injury claim can be a long process. Insurance laws make it hard for victims to file and process their claims with the insurance company. With the help of claims companies, you are armed with information and resources that you can use as leverage against your insurance company.Paul Barry is a freelance copywriter for accidentclaimaid.com experts in personal injury
Article Source: http://EzineArticles.com/?expert=Paul_Barry

Friday, December 5, 2008

Different Aspects of Personal Injury Laws

By Markus Skupeika
Personal injury laws are defined at state level. A panel of judges and the members of legislatures sit together to create, modify and amend the laws. Personal injury law of one state may not be the verbatim copy of that of another state; personal injury laws of California may not be same as that of Florida.
However, state laws share a lot of similarities as well. While defining personal injury laws, generally three torts are taken under consideration - international torts, negligence torts and strict liability torts.
Three Torts in Personal Injury Laws:
International torts deal with the cases in which the offenders are aware of the consequences of their actions while committing it. The action is intentional. Assault, household physical and mental abuses and workplace bully fall under international torts.
Negligence torts consume the lion portion of personal injury laws. Most personal injury lawsuits are based on negligence torts. The law makes it compulsory for all the citizens to act responsibly and reasonably that any other person would do if placed in similar situation. Simply put, everybody should behave rationally and sensibly so that others do not get affected for their behavior.
For example, a reasonable person would always take steps to remove traces of oil, water or grease from the floor which accommodates a lot of people everyday. Now, if a restaurant owner fails to do so and anybody slips and falls on the floor, the owner is held responsible for negligent behavior under negligence torts.
Strict liability torts deal with a different type of behavior. Here, if the behavior of one person does any harm to another, the victim can sue the offender under strict liability torts. Because his actions injured someone else, the defendant is held guilty. Points like whether he was aware of the consequences or he was not able to conform with normal standards are not at all considered.
Personal injury laws for malpractice:
Apart from torts, personal injury laws in America protect the citizens against professional malpractice. Medical malpractice and professional malpractice laws have been introduced to stop unethical and wrongful actions of professionals including medical practitioners.
Personal injury laws also deal with product liabilities. This section entitles consumers sue the manufacturer of a defective product which caused damage and injury to the users. When a person buys a chair from a furniture store and falls from it while sitting because the legs of the chair were broken, the consumer can sue the furniture store or the manufacturer for compensation.
And there is a part of personal injury laws that deal with transportation laws. Automobile, rail road, maritime and aviation accidents cases use this part of state personal injury law.
How to make full use of personal injury laws:
To make full use of the personal injury laws, you need to understand the section that best suits your case. You have to decide whether negligent tort or the transportation law is the right ground for your compensation claim case.
Feeling lost? Do not panic. It is quite difficult for general people. So take help from personal injury lawyers of your state. State attorneys know the state personal injury laws better than anyone else.
Generally, personal injury lawyers and law firms do not ask the victims to pay attorney fees while filing compensation claim. They collect their fees from the compensation amount at the end of the case. However, you may need to pay court costs and some other fees. So talk to your attorney about the costs; go ahead and apply your rights.Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis.Find out more top Florida Lawyers and get latest legal advice.
Article Source: http://EzineArticles.com/?expert=Markus_Skupeika

Thursday, December 4, 2008

Oklahoma Bankruptcy Laws - Personal Property Exemptions

By Apurva shrii
Like most of the other states in America, the Oklahoma bankruptcy law also allows the debtor to use the federal supplement exemptions along with the state specific exemptions. However, it also restricts you from substituting the Florida exemptions completely with the federal exemptions. The complete substitutions of the laws regarding the property exemptions are not allowed.
The personal properties exemptions have been interpreted by the Oklahoma bankruptcy laws in the following manner:
Motor Vehicles
As per the insolvency regulations, the debtor declared as bankrupt is allowed to claim exemptions for any number of motor vehicles. The good thing I that there are no retractions in terms of the number of motor vehicles, but the maximum amount is restricted only up to three thousand dollars.
Clothing
Clothing has also been declared as exempt personal property under the Oklahoma liquidation laws. However, the maximum amount that you can exempt under this category is only four thousand dollars.
Livestock Exemptions
Livestock exemptions have also been included. If you are a permanent resident of Oklahoma and you have been declared as bankrupt, as per the court in Oklahoma, you are allowed to exempt the livestock as much as the following:A maximum of hundred chickens
Twenty sheep
Those five cows who are able to produce milk for human consumption
Ten hogs
And, a maximum of hundred chickens are also exempt under the new bankruptcy laws.
Bridles And Saddles
The Oklahoma bankruptcy laws also allow you to exempt a maximum of two bridles and two saddles.
Claims For Injury
If the debtor declared as bankrupt is eligible for some workers' compensation, such as any Claim for personal bodily injury etc, as per the Oklahoma laws, the debtor can get exemptions up to as much as fifty thousand dollars, but the amount in this category must not exceed this upper limit. What is more, it is also important for you to note here that such exemptions do not include any claim for exemplary or punitive damages.
Other personal property exemptions
The personal property bankruptcy exemptions also include the following, as per the Oklahoma bankruptcy laws:Food materials, furniture, and health aids can also be considered to be exempted, but only up to the amount that should last a maximum of one year. Family portraits and other such pictures are also allowed to be exempted under the personal property exemptions in the state of Oklahoma. Other than that, you can also exempt books of up to any amount. Interestingly, the state liquidation rules also allow you to exempt gun under the personal property exemptions.
As per the Oklahoma bankruptcy laws, you cannot substitute the Oklahoma specific filing bankruptcy exemptions with the federal exemptions completely. However, the bankruptcy court allows you to use the both, in order to claim your exemptions. For example, you may use the personal property exemptions, as specified by the new bankruptcy laws of Oklahoma and other exemptions, as specified under the federal law.
Article Source: http://EzineArticles.com/?expert=Apurva_Shree

Monday, December 1, 2008

Florida Personal Injury Laws

By Josh Riverside
Personal injury law is about torts - civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury and are the basis for a claim by the injured party. The basic principle of tort law is to provide relief for the damages incurred by the injured person and deter others from committing the similar harms. The injured person may sue for damages he or she has endured.
Florida personal injury law: Some general provisions
Personal injury law is a state law created through judges and by legislatures. The law recognizes three general types of torts: intentional torts, negligent torts, and torts based on strict liability.
Intentional torts are those torts for which the defendant intends the consequences of an act. Assault is an example of intentional tort.
Negligence torts, on the other hand, comprise most of the cases under this law. In general, the law imposes a duty on every citizen to behave at least as carefully as a reasonable, ordinary, prudent person in a similar situation. This is known as the reasonable person standard. If the defendant's actions fall short of the reasonable person standard, then the defendant can be found negligent.
If a plaintiff sues under the theory of strict liability, he or she contends that the defendant is liable regardless of fault. The issue of the defendant's negligence is irrelevant. The defendant is liable if the defendant's activity in any way caused the plaintiff's injury.
Florida personal injury law: Other provisions
There are three other personal injury laws. One of them is medical and professional malpractice law, which deals with unprofessional or unethical conduct by professionals. In the United States, medical malpractice lawsuits comprise the majority of the malpractice lawsuits.
The other type of personal injury law is the "product liability law," which gives the right to a person injured by a defective product to sue the manufacturer of the product. The third type is the "transportation law," which deals with automobile, maritime, railroad, and aviation accidents.
Some people believe that personal injury law has increased the amount of frivolous lawsuits. The main aim of these lawsuits is to get fast money. Whatever may be the case, the law gives an injured person his or her day in court.Florida Personal Injury Attorneys provides detailed information on Florida Personal Injury Attorneys, Florida Personal Injury Claims, Florida Personal Injury Lawsuits, Florida Personal Injury Laws and more. Florida Personal Injury Attorneys is affiliated with Florida Personal Injury Lawyers Info.
Article Source: http://EzineArticles.com/?expert=Josh_Riverside

personal laws