With US Divorce the thing to remember is that this is a state by state issue, unlike immigration, you need a divorce lawyer from the state where you are filing the divorce. USA has no federal statutes covering divorce, so even if you were from another country, you would still need to file in a local jurisdiction.
Like International divorce each state, like each country, is different and you can find states that are friendlier towards either men or women, and they are all different towards the handling of children as well. Some ways to find a cheap lawyer Pre divorce advice
Other issues are alimony and child support. Some states allow the judges and the courts to set up temporary as well as permanent alimony and child support. This could be very important for a long time to come, and is one of the areas that you should question a US divorce attorney, before you decide to move to another country, or state, looking for a better jurisdiction to get divorced in.
Most states have a length of time specified that you need to be a resident in order to file for a divorce. One of the fastest is in Guam which is a US territory in the middle of the pacific, where you can get divorces in as little as 14 days.
Most states have services where you can find cheap lawyers usually through pro bono or US state free lawyers sites, and one of the areas that are frequently covered is immigration law, another is US divorce lawyers, which also has many resources available to people of insufficient means.
California Hawaii Free Pre Divorce Advice
Find a Cheap Lawyer Cheap divorce lawyer in USA family attorneys Divorce BankruptcyUS Immigration Lawyers
Thursday, October 7, 2010
International Divorce Rights
Bail Bonds
Find a local DUI lawyer as soon as possible to protect your legal rights if you are arrested for a DUI or DWI. As many jurisdiction are now unofficially looking to supplement their budgets by increasing the amount of traffic fines collected through more aggressive DUI and traffic enforcement. More and more people are finding themselves facing very serious charges and major increases in their insurance premiums. Some, if they are professional drivers, will lose their jobs and this does not include the social stigma that is part and parcel with a drunk driving conviction, that are routinely placed in the local media.If you have previous DUI convictions from as long as 20 years ago, from maybe even outside of the state that you are in, has the very real potential resulting in a very rude surprise when the new penalties for the ancient convictions are added, you might find yourself facing felony DUI charges, which will also possibly result, even on a first offence, if you are involved in a accident with injuries you will most likely face felony charges. DUI Defenses there are many different dui de fences as well as ways to tip the DA to reduce to lessor charges which can literally save you thousands of dollars.California Hawaii Free Pre Divorce Advice
Find a Cheap Lawyer Cheap divorce lawyer in USA family attorneys Divorce BankruptcyUS Immigration LawyersCheap lawyers US dedicated to helping people help themselves on these different areas of United States of America (USA) law.Asian Cheapest Flights
Clorado New Highwaymen - Lawmen
Denver and Colorado has large populations of foreign workers that find employment in many fields,with the work there are many that find themselves in trouble with immigration issues, and as we have said many times in many other places on the Cheap Lawyers website your best bet for a good result is dealing with the immigration issues while you are still in the USA, once you leave the US and you have outstanding immigrations issues the likelihood that you will be able to get back into the US legally is very hard to almost impossible.Many Law firms in Denver do Pro Bono work but most of them volunteer their services to specific organizations so if you are facing legal issues concerning your right to stay in the US that you contact the Denver based originations below.
A grass roots organization that is a champion of immigration legal rights in Colorado.
Colorado Immigrant Rights Coalition
LA Immigration Los Angeles CA New York, N Y, NYC Chicago Il Honolulu Hawaii Free immigration Pro bno Lawayers Houston Immigration Miami Florida Cheap Lawyers San Diego CaCheap lawyers US dedicated to helping people help themselves on these different areas of United States of America (USA) law.
DIY US Lawyers Avoid Law Courts
When looking to find a cheap lawyer you need to ask yourself this question. What do Santa Claus, the Easter Bunny and cheap lawyers have in common? A dumb question to be sure, as there is no Santa Claus, Easter Bunny or cheap lawyers; however if you have a legal problem and you need to get it fixed, there are some alternatives to consider before you give a lawyer a retainer.When talking to a paralegal they cannot give you specific legal advise, but they can help you fill out forms, and you might be surprised at some of the solutions they might suggest that you as a lay person might not even be aware are available, like talking to the Small Business Administration if you have problems with your business. SBA offices will often times have retired lawyers that they can refer you to get free advise. SBA offices usually have libraries with lots of reference tools that you can use.One resource that you might consider is Nolo.com which provides many legal forms that you can fill out yourself; many times if the item under consideration is straightforward this can be a simple and easy solution. They also provide articles, many are very topical such as using bankruptcy to avoid or forestall foreclosure of your home. They also have forms for simple wills and simple incorporations.Many times both parties would if possible like to avoid going to court and a mediator might be a solution that works for your circumstances. Divorces in particular using this strategy might save you thousands of dollars, which in this taxing emotional period not introducing or enlarging existing money problems can make a bad situation, a little more bearable. There is always going to be a need for lawyers and figuring out when is always going to be tricky. Many lawyers will answer some questions for you for free to see if you do need there services, others might charge a small consultation fee. If you do need a lawyer, looking for a cheap one might actually cost you more money in the long run! Lawyers and Attorneys, Administrators vs Litigators DUI Defenses DUIHonolulu immigration Hawaii Houston TX Free Immigration Cheap Lawyers Miami Florida San Diego CACheap lawyers US dedicated to helping people help themselves on these different areas of United States of America (USA) law.
Wednesday, October 6, 2010
US Immigration Marrige Visas
US Immigration Lawyers, find cheap legal representation on this site including pro bono and free lawyers, and a list of accredited representatives for Department of Homeland Security and US Immigration Courts.
US immigration lawyers are unique in that they have the ability to work in any state in the USA to practice immigration law, unlike other lawyers that need to pass the bar in the jurisdiction that they plan to practice law in. basically If a lawyer or attorney has passed the bar in any state and is current and has studied the laws on Immigration he or she may represent you in US court's on immigration issues.
Most states have services where you can find a cheap lawyer usually through Pro Bono or US state free lawyers sites and one of the areas that are frequently covered is immigration law another is US divorce lawyers which also seems to have many resources available to people of insufficient means. below is a short list of Immigration Free or Pro Bono Lawyers
California Colorado Hawaii Texas Florida New York Illinois Connecticut
Under 8 C.F.R. § 292.1 and 1292.1, persons entitled to represent individuals in matters before the Department of Homeland Security ("DHS"), and the Immigration Courts and Board of Immigration Appeals ("Board"), or the DHS alone, include, among others, accredited representatives. Any such representatives must be designated by a qualified organization, as recognized by the Board. A recognized organization must apply to the Board for accreditation of such a representative or representatives.
For a full list of Accredited Representative for US Immigration courts or Department of Homeland Security in your state please go to, US Department of Justice Recognition Accreditation Roster a PDF file, you may need to down load the latest version of a Free Adobe Acrobat Reader to view.
Class Action Suits,Mesothelioma
Cheap Lawyers US The more you know the better off you will be. Our aim is to put legal information in front of you to help you get the best possible result, at the least possible expense. Please join the blog and share your experience with Cheap USA lawyers Immigration DUI Defenses US divorce , Prenuptial, Bankruptcy Fighting Speeding Tickets real estate Wills US Probate Lawyers and attorneys. The legal process can make you feel like a poor cod in the middle of shark feed, which is why we started Cheap Lawyers US. if you are unfamiliar with the legal process with legal issues like Immigration Divorce DUi DWI this site was made for you. We hope to provide suggestions of legal avenues for you to explore to you help yourself and questions you might ask your USA lawyer to help you get the best possible result, at the least possible expense. How to find a cheap lawyer Protect your legal rights A site dedicated to helping you find a USA cheap lawyer or cheap attorney. Find the right lawyer. the best ways to research your lawyer's past cases and results. We will look at the many different ways that you can negotiate your lawyers fees. We will help you to find legal forms, paralegal's, community & legal resource like Pro Bono Lawyers, cheap US immigration lawyers & accredited representatives for US Department of Homeland Security and other helpful tips.Cheap Lawyers Immigration USA many people wishing to get visas to the USA Find US Immiagration lawyers via the internet knowing the right questions to ask a immigration lawyer when you are interviewing them can save you money to get a immigration visa for Fiancee Marriage and Student Visa.USA Immigration Guide a great resource to help you get acclimated to the US once you have received your immigration visa
New York City Chicago LA California Los Angeles Denver Co Honolulu HI Houston Tx San DiegoCCF settlement NewsCheap USA DUI Lawyers sometimes called DWI in some USA states losing your drivers licence or even going to jail make this a life changing event. Cheap Divorce Lawyers this is one area that using alternatives to cheap lawyers or divorce attorneys can have a much Cheaper Divorce settlement costs for the family. International Divorce Pre Divorce Advice
US Immigration Reform
Cheap Lawyers US The more you know the better off you will be. Our aim is to put legal information in front of you to help you get the best possible result, at the least possible expense. Please join the blog and share your experience with Cheap USA lawyers Immigration DUI Defenses US divorce , Prenuptial, Bankruptcy Fighting Speeding Tickets real estate Wills US Probate Lawyers and attorneys. The legal process can make you feel like a poor cod in the middle of shark feed, which is why we started Cheap Lawyers US. if you are unfamiliar with the legal process with legal issues like Immigration Divorce DUi DWI this site was made for you. We hope to provide suggestions of legal avenues for you to explore to you help yourself and questions you might ask your USA lawyer to help you get the best possible result, at the least possible expense. How to find a cheap lawyer Protect your legal rights A site dedicated to helping you find a USA cheap lawyer or cheap attorney. Find the right lawyer. the best ways to research your lawyer's past cases and results. We will look at the many different ways that you can negotiate your lawyers fees. We will help you to find legal forms, paralegal's, community & legal resource like Pro Bono Lawyers, cheap US immigration lawyers & accredited representatives for US Department of Homeland Security and other helpful tips.
Paris Hilton Vegas Arrest for Cocaine
Ask for a Lawyer First!Whenever you encounter the police there is always a theoretical potential for you to be arrested, many people find themselves in jail because of stupid little things that unravel like a kitten and a roll of toilet paper. Always remember, law enforcements goal is too arrest you. The police will ask you questions to confirm, or to get more information to make a decision whether or not to arrest you, IF they have enough information they will arrest you regardless of if you talk or not! But if you don’t give them any additional information, and by asking for a lawyer early on to be present during questioning, you can halt the process early on, if they do not have enough evidence to arrest you, you will be released many times immediately and never even be charged , or if they have marginal evidence to arrest you, you make the amount of work for your lawyer less to defend you, even a cheap lawyer, who you pay for their time, so you get cheaper lawyer fees. If you are arrested remember to be polite, but firm, and to insist that your lawyer, attorney or legal council be present. You might consider saying something along these lines " I understand that I have legal rights. I have done nothing wrong and want to protect my rights by having a lawyer present, if you want to ask any questions. A good idea to keep in mind is to give them your name, birth date & address, any thing else continue insisting that your attorney be present.The police will try to get you to talk before they read you your Miranda rights, as well as after they read you your Miranda Rights. It is up to you to make sure that you insist that you have a lawyer present during questioning, or allow you to contact your legal representation. What ever you do, do not sign anything unless your lawyer tells you to. Many times if they do not have enough information to present to the District Attorney they will let you go. When your lawyer gets there many times they will stop questioning you, as your lawyer will not allow you to incriminate yourself if he is competent. Remember the less information you give them will give you and your lawyer more legal options later on.Cheap lawyers dedicated to helping people help themselves on these different areas of United States of America (USA) law.other links Us Student Visas F1 US Fiancee Visas K1Immigration US Visa denial Cheap immigration lawyers US Cheap divorce lawyer in USA family attorneys USA Immigration F1 Student Visas Denied Find a Cheap Lawyer Find a Cheap Lawyer California Personal InjuryCheap Charlies Hotels Asia cheap Guesthouses Asian discount flights Aisan dating
Comparing Personal Injury Law in the US and Canada – A General Overview
In both the US and Canada, personal injury law, a subset of the law of Negligence, is based on the English system of Torts. While much of the procedural law governing personal injury litigation, including the types of damages recoverable, is controlled by the laws of individual states and provinces, the two countries share much of the same substantive law.
Notwithstanding there are some cases governed by strict liability (which will be discussed in a future blog), the law of Negligence requires a showing that a defendant owed a DUTY to someone to behave in a particular way, that the defendant BREACHED that duty by failing to act in that particular way, that such breach CAUSED someone to be injured, and that the person thereby incurred DAMAGES, either to his person or to his property. These four elements must be proven in every civil lawsuit involving personal injury, whether the lawsuit proceeds in the US or Canada.
For example, Driver Alan is proceeding down Broadway and crosses Pine Street on a green light. As he drives through the intersection, Driver Barbara, proceeding in the opposite direction down Broadway, suddenly turns left in front of him, causing Alan to smash his vehicle into her, and causing Alan himself to lurch forward, striking his head on the windshield in front of him. Alan suffers a brain injury and is no longer able to work as an accountant.
Whether on Broadway and Pine in Vancouver, BC or the same intersection in Seattle, WA, the elements which Alan must prove are the same—that Barbara owed other drivers a DUTY to heed the rules of the road, including yielding the right of way to a “favored” (US) or “dominant” (CDN) driver; that Barbara BREACHED that duty by turning her vehicle directly into the path of the oncoming driver; that, as a direct and foreseeable consequence of her action, Barbara CAUSED Alan to be injured and his vehicle damaged; and that Alan suffered DAMAGES, in this case including loss of enjoyment of life, lost wages, medical expenses and property damage.
Lawyer Facing a Forum Non Conveniens: Q&A
QUESTION:
I’m a lawyer facing a forum non conveniens challenge from a bicycle manufacturer based in Connecticut, about a Canadian resident who was injured during a Seattle bike race, when the frame of her bike fell apart and she lost control, severely injuring herself. The company is saying that the case should be tried in Vancouver, BC, where she lives and where all of her doctors and therapists are. Of course, the liability witnesses are all located in Seattle and Connecticut.
ANSWER:
Thank you for posing your question on our blogsite. In the interest of responding to your inquiry in a way that will benefit all of our readers, I’d like to direct you to an article, Extending American Products Liability Jurisprudence to Canadian Plaintiffs – Lessons from a Seven Year Battle, we published in 2004 which extensively discusses the issues you’re facing, regarding Choice of Law and the doctrine of “forum non conveniens”. The article tracks the procedural history of our case, Tepei v. Uniroyal, et al, which resulted in a $9.1 million verdict in Lewis County, Washington. More importantly for your purposes, the article discusses how the Michelin Tire Company applied (unsuccessfully) to have our case removed to British Columbia on the very same basis that your bike manufacturer is alleging.
A second article, Wrongful Death and Survival Actions in Washington State: Comparing Benefits from a Canadian Perspective, also addresses Choice of Law and fnc issues in our discussion of the Brooks v. Cytodyne case, which arose from an accident which occurred just north of the border, but involved a defective product (health food supplement causing psychosis) manufactured in New York and sold in Kirkland, WA.
On a selfish note, I have twice been called as an expert in such cases, to assist the court with a comparison of the laws on both sides of the border, and that may be appropriate in this case. I will contact you directly.
Tuesday, October 5, 2010
Principal Differences in the Types and Amounts of Damages Recoverable
This blog entry is a continuation of my previous post comparing personal injury law in Canada and the US. The types of damages recoverable are largely governed by the laws of individual states and provinces. While the lawyers at Cross Border Law are licensed in Washington State and British Columbia, the legal principles expressed in this article are generally the same throughout the two individual countries.
WRONGFUL DEATH DAMAGES
In British Columbia, the estate of a person killed by the negligent conduct of another, whether by a careless driver or negligent surgeon, is limited to recovering survivorship benefits for the decedent’s beneficiaries (in addition to modest funeral and testamentary expenses)—in other words, the spouse and children can recover any amounts that the decedent would have contributed to the household for living expenses. The estate would be unable to recover damages for the decedent’s pain and suffering or lifetime earnings.
In Washington, a decedent’s estate can recover for many different elements of damages, including pain and suffering before death, fear of imminent death and lifetime earnings less consumption. Immediate family members present at the time and place of injury can also recover emotional damages under the tort of “outrage”. Unlike in BC, where the economic damages are limited to the decedent’s contributions to the household, the Washington decedent’s estate can recover the entire amount that the decedent would have earned over his lifetime less what he would have consumed, reduced to present day value in a lump sum. For an average, middle-aged worker with a college degree, this is easily a seven figure claim.
EMOTIONAL DAMAGES
Although courts in British Columbia are expanding the size of emotional injury awards, these awards are hindered by the “Andrews trilogy”, discussed below. Typically, BC judges are careful not to allow personal injury awards to follow the perceived trend of higher US awards. The reality in the US is that certain awards attract significant media attention. The National Center for State Courts, http://www.ncsc.org/, publishes data on the size of civil awards over time and jurisdiction, and reveals that these awards are not as outlandish as perceived. Still, they are more significant than those allowed in British Columbia.
WHIPLASH INJURIES
Notwithstanding my discussion of US jury awards (two paragraphs below), there is one area where damage awards and settlements are consistently higher in British Columbia than in Washington State—soft tissue injuries of the neck and back, commonly referred to as “whiplash”. This is the result of the inertia forces in an acceleration/deceleration type injury where a victim’s head is jolted forward and back, causing the soft tissues surrounding the vertebrae to stretch and cause pain. Perhaps owing to the fact that pain complaints are largely subjective and cannot be proven with objective medical evidence, jurors in the US typically do not award significant damages for these types of injuries, absent other more physical or emotional type injuries. In British Columbia, where most drivers have insurance and recognize that their insurance premiums pay the damage awards, people have come to expect and even demand that claims be settled or resolved in trial within certain ranges for certain types of injuries.
CAPS ON NON-ECONOMIC DAMAGES
In Canada, the size of judgments and settlements for personal injury is hindered by a court-imposed cap on such damages knows as the “Andrews trilogy”. This refers to a series of three cases in which the Supreme Court of Canada established an outer range for the damages awardable for pain and suffering for a catastrophic injury such as traumatic brain injury or quadriplegia. In 2010 dollars, that outer limit is approximately CAD $325,000. While the court discussed the possibility that a case might be presented that commands an award above that range, it would have to be a significant case. Awards for lesser injuries would then be scaled down from that amount, such that a mild whiplash type injury might garner damages in the $25,000 to $45,000 range (pain and suffering component only), while a significant orthopedic injury involving surgery might fetch a settlement or judgment of $160,000 to $240,000, depending on the specific circumstances.
In the US, where most personal injury cases are decided by juries, there is a significant disparity between the low end and high end of damages awards. Each particular case rests on its own individual facts and circumstances, and a lawyer’s job is to convey who the client was before an accident or injury, and what limitations or disabilities he or she has had to suffer because of the defendant’s negligence.
When I’m in trial, I rarely ask the jurors to award a specific sum of money for physical and emotional injuries. Rather, I ask them to apply their own common sense to the plight of my clients and come up with an award they can be proud of. The trial is the one shot my clients have to receive compensation for their injuries—compensation that may have to last a lifetime, and I spend a lot of time making sure jurors appreciate that. Fortunately, the juror pool in Washington is a good one—full of people who appreciate the value of health and happiness, who are educated and hard-working. When clients demonstrate those qualities, jurors identify with them and compensate them accordingly.
Value, Not Volume
Some refer to firms like ours as “boutique”; others say “we specialize” in a certain area of the law. The Law Society of British Columbia prohibits lawyers from advertising that they specialize, which implies a higher level of education or training. They do permit lawyers to say that their practice is focused or limited to a specific area of the law. The lawyers at our firm, Cross Border Law Corporation, are licensed to practice in both United States and Canada, which is unique, in and of itself.
But what truly sets us apart from other personal injury boutique firms is our commitment to Value, not Volume. Ask a personal injury lawyer how many files he’s currently handling. Is it 125? Is it 200 or more? So characterizes a “Volume” practice—sign up clients, the more the merrier; have a paralegal or non-paralegal “litigation manager” primarily responsible for the file; focus on settling—as quickly as possible—for whatever sum can be achieved with modest effort; next case.
At Cross Border Law, we currently have about 60 open litigation files—between two lawyers. We give each file our individualized attention, and discuss the issues arising from the case with each other. We hire medical, occupational and financial experts in both Canada and the U.S. who are accustomed to testifying in court, and we prepare each case to go to trial. Of course, 95% of all civil cases settle out of court, but we generally settle our cases for their true value. Because we’re prepared for trial, and have a reputation for going to court regularly, we’re able to achieve settlement for full value; otherwise, we go to court or arbitration and ask the judge or jury to award our client that value.
We believe that a trial-centered approach makes sense in theory and in practice, with a proven track record of verdicts and settlements that bear this out. If you’re considering the prospect of hiring a lawyer, we invite you to visit our main website, Cross Border Law, and find out who we are and what we’ve done for our clients.
Canadians Injured or Killed in the US or by Americans
In a subsequent blog, I’ll tackle Americans Injured in Canada. In this piece, I’ll discuss how a claim for a Canadian is different when it proceeds in the US.
Most BC drivers assume that everyone around them is insured. When they travel in BC, they know that other drivers cannot register their vehicles or obtain license plates without proof of insurance, and the minimum third party liability coverage is $200,000. However, the very small difference in premiums for $1,000,000 in third party coverage means that most people opt for the million. Along with that third party coverage, every ICBC policy includes $150,000 in Part 7 no-fault medical expenses (known as PIP or “personal injury protection” in the US), provision for TTD (temporary total disability) payments to compensate for wage loss and $1,000,000 coverage for UMP (underinsurance, known as UIM in the US).
Not so in Washington State. There, the minimum legal level of third party liability coverage is only $25,000, and many drivers operate a vehicle without any insurance at all. It is a very rare policy that affords coverage of $1,000,000. That’s why one of the first things that a Canadian should do if involved in an accident in the US is find out how much insurance the defendant driver has. If you have a serious injury and expect to be off work for some time, you may find that the defendant cannot adequately compensate you for your injuries. Assuming he or she does not have personal assets besides the insurance, you may be forced to pursue ICBC under the UMP provisions of your own insurance policy.
Unfortunately, ICBC can force you to pursue your claim against the Washington driver, if they feel that the defendant has assets against which to enforce the judgment. Typically, when I encounter this situation, I tell defence counsel (spelled “defense” in the US) that ICBC won’t allow my client to pursue his or her UMP claim until we can prove that the defendant does not have any assets that couldn’t be protected by bankruptcy, and counsel is usually helpful in securing a statutory declaration listing his client’s assets. Of course, no one wants to have to take someone else’s personal assets to satisfy a personal injury claim—we expect that their insurance will cover it. We also retain a private investigator to conduct an asset search, so we can see if there are other unsatisfied judgments against the defendant.
If you’re fortunate to have ICBC consent to proceed with an UMP claim, you can first obtain the defendant’s minimum limits, say $25,000 and then proceed with your underinsured claim in BC. The $25,000 would then be deducted from your total claim, along with a number of other deductions that are listed in the regulations, including amounts received from EI, social services, and any disability insurance. Disputes between you and ICBC about the value of your claim under BC law are resolved by arbitration, not in court. The arbitration rules call for the “just, speedy and inexpensive determination of a proceeding on its merits”, and therefore, this claim can often be resolved without the complexity and delay involved in proceeding through the court system.
Unfortunately, the UMP claim that evolves out of a Washington accident involves a determination of damages pursuant to BC law. Damages that may have been available in Washington, such as wrongful death damages, discussed in other blog entries, may no longer be available under the UMP claim.
But what if ICBC does not consent to UMP? Or what if the defendant has more substantial insurance? Then it’s important to find out exactly what your case may be worth under Washington law. The easiest way to do so is to discuss your claim with a lawyer licensed in Washington, preferably one for whom the majority of his cases involve personal injury, and who has a proven track record of significant settlements and judgments. Some cases can proceed to trial simply with the videotaped testimony of your treating doctor, your own testimony and the support of your family and friends. But more significant cases require the hiring of experts versed in the areas of injury and disability, medical specialists, occupational therapists, vocational rehabilitation advisors, economists, etc. Some also require accident reconstructionists and engineers to discuss the dynamics of the collision and the impact forces involved. It is very important to preserve the evidence at the scene and interview witnesses before memories fade.
The cases that I find most interesting, and the ones for which my firm is ideally situated to assist, are those that involve contacts with both British Columbia and Washington State—for example, where an ICBC insured passenger is involved in an accident in Washington that may have been the shared fault of both a BC driver and Washington driver, where the two drivers may have significantly different insurance policies or the case involves a defective product such as a tire or airbag manufactured in another state. In such cases, we try to utilize the laws of multiple jurisdictions to afford our clients the best possible recovery.
For some cases that seem like they could be tried in more than one jurisdiction, we find ourselves weighing the various types of damages and burdens of proof in order to decide the better place to sue. For an interesting discussion of this weighing exercise in a specific case, please have a look at the Brooks v. Cytodyne case discussed on our main website here: US Law for motor vehicle accident in Canada.
US Immigration Reform Policy: Update
A few days ago President Barack Obama gave a much anticipated update on the issue of US Immigration Reform.
A great deal of support for President Obama, is said to have come from those that want to see this bill pushed through congress, and done so quickly.
President Obama hopes to have the US Immigration Reform policy to congress by the end of the year, though admitted that a serious debate on it likely wouldn’t occur until later in the year.
The implications of such a policy are far reaching and President Obama makes no claim that getting this through congress will be easy. Here’s what he had to say:
“Am I going to be able to snap my fingers and get this done? No. . . . There are going to be demagogues out there who try to suggest that any form of pathway for legalization for those who are already in the United States is unacceptable.”
For a full update on this story see Politico’s article on President Obama’s US Immigration Reform .
Insurance Payouts for Neck Injuries in U.S.
Personal injury awards are governed by the law of Negligence, which always includes several basic elements—Duty, Breach, Causation and Damages—but one cannot look to a national set of awards to determine what an appropriate range of damages might be for a specific case. This is due to the fact that stare decisis, the common law principle that every case is determined by the law developed from cases that preceded it, requires a judge to give greater deference to a decision from his or her own state than one from a different state.
Even that explanation ignores the fact that most personal injury awards made at trial in the U.S. are determined by a jury. Still, one must look to other personal injury awards in the state and in the particular county in which the case will be tried to determine the appropriate range of damages.
Jurors from King County, Washington (Seattle) may have a completely different 
set of values than jurors from Riverside County, California (Palm Springs) or even from Whatcom County, Washington (Bellingham). Such factors as age, level of education, job, political bent, the economy, one’s own unique personal circumstances, and many other factors all contribute to the range of potential damages awarded for “pain and suffering”. Different lawyers’ abilities to tell their clients’ stories also contribute to this range.
How does one determine which county the case is likely to be tried in? The laws of “Personal Jurisdiction” and “Venue” require that the lawsuit be started in either the county where the accident occurred or the county in which the defendant resides. However, if started in the county where the defendant resides, the defendant could apply to the court to have the litigation transferred to the county where the accident occurred, particularly if that would be more convenient to the non-interested witnesses involved in the case (eyewitnesses to the accident, medical personnel on the scene, ER doctors and nurses).
In Washington State, one useful tool for attorneys is a publication called “Jury Verdicts Northwest”, which lists trial awards and settlements by type of injury, state and county, and even principal lawyers and experts. Determining appropriate settlement amounts for a particular injury is then more of an “art” than a “science”, as there are many factors that influence a settlement. First and foremost, as discussed in our blog entry of April 2, 2009 (Colossus Adjusting Software), is the type of adjusting software the defendant’s insurance company is using to evaluate the case. For many insurers, the claims representative can do little more than plug your data into the computer and wait for the Wizard to tell him or her how much to offer. Where the adjuster may have more discretion, there are other factors which will influence the size of the offer.
One of these factors is whether the injured party is represented by a lawyer in the jurisdiction in which the accident occurred. In other words, if the case cannot be settled, is the party able to advance a lawsuit in the courts? If not, then the insurance adjuster has been given no incentive to increase the size of the offer.
Let’s face it, no one wants to go to trial. (Personally, I love to be in a courtroom, but even I recognize the value of a sure settlement for reasonable value over the risk of a protracted lawsuit where a party’s fate may be sealed by a jury who cannot understand or appreciate the injuries and disabilities sustained). But sometimes, a defendant’s insurance company will offer so little to settle that no one would choose settlement over trial. If a defendant or his insurer truly wishes to avoid trial, they’ll consider the likely result at trial and then determine the amount that would persuade a party to forego that opportunity. Unless a person is represented by able counsel in the jurisdiction, then there’s no potential jury award even to provide a threat to the insurance company.
I try to keep track of the amounts of the last settlement offer received before trial and the ultimate jury verdict we have received (US cases only), excluding economic damages that are specific to the facts of each particular case (e.g., future wage loss depends on how much the person was earning and how much they’re unable to work in the future). In our experience, the verdict exceeds the offer by an average of 425%. The following chart is illustrative, and does not even represent the most egregious differences between offer and verdict.
Offer………..Jury Verdict
$100,000….$737,500
$125,000….$1,145,000
$3,000……..$101,000
$40,000……$135,000
My best advice to a person negotiating a personal injury settlement with an insurance adjuster?—ask a lawyer to review the settlement. Many personal injury lawyers are willing to sit down for a free half-hour consultation, and many work on contingency, where the fee is a percentage of the recovery. I frequently entertain arrangements with clients whereby I will take half of any amount I receive for them in excess of their offer, up to a maximum of 1/3 of the total recovery. In most cases, the ultimate attorney’s fee I charge is 1/3, meaning that the amount that the insurance adjuster offered them before they had a lawyer was less than 1/3 of the true settlement value.
Davie Mayor orders asbestos pipes to be removed from mobile home park
DAVIE, Florida – The Mayor of Davie, Judy Paul, has ordered asbestos-laden pipes to be removed from a closed mobile home park.
The removal of asbestos at the site has lead to concerns regarding resident exposure. Not only asbestos can be released, but other debris and toxic materials that could be harmful to anyone who comes in contact with them.
In the past, town employees have stated that asbestos-cement pipes used for sewer lines and drinking water in Palma Nova Mobile Home Park were safe but are now having second thoughts.
The asbestos removal project will cost the town roughly $30,000.
Four council members have said that they were unaware of asbestos in the area.
Asbestos is responsible for mesothelioma cancer, a deadly cancer for which there is no known cure for. Mesothelioma can take up to 50 years to develop in a victim, making it extremely difficult to diagnose and treat. At the same time, many symptoms that arise are not a cause of concern, such as a cough or fever, and are usually dismissed by the victim or health care professional.
About 3,000 people are diagnosed with mesothelioma in the United States every year. Although the use of asbestos is banned in the United States, along with 51 other countries, many people continue to use it in construction because of its durability and strength. There are strict procedures to remove asbestos from a site but many don’t adhere to them because they are costly. This places those in the area at risk for inhaling the fibers.
Those who have developed mesothelioma or who have been in contact with asbestos should contact a mesothelioma attorney as soon as possible to begin a claims process.
Mesothelioma victims are entitled to receive money compensation for their illness as well as any medical treatments needed. A top mesothelioma attorney will do all in their power to ensure that their clients receive the best medical treatment and the full spectrum of benefits they rightfully deserve. Call to set up an appointment today.
Monday, October 4, 2010
UK doctor dies from mesothelioma contracted at hospital
UNITED KINGOM – A UK doctor has recently died due to pleural mesothelioma which he contracted at the hospital he works at.
Dr. Kieran Sweeney was diagnosed with mesothelioma in 1979. In 2009, two weeks before he died at the age of 58, Sweeny wrote a letter to his lawyers saying that he had been exposed to asbestos in the medical block of Southern General Hospital.
Mesothelioma is a deadly cancer caused by exposure to asbestos. Once inhaled, it can take up to 50 years for a victim to develop symptoms, but unfortunately, sometimes symptoms do not develop or are mild and unthreatening.
Treatment for the cancer includes surgery, radiation and chemotherapy and can help alleviate the symptoms and in rare cases lead to remission, but no known cure has been discovered.
In his letter, Sweeney blamed the “miles and miles of pipe work on the exterior of walls” of the hospital. The pipes carried hot water and other materials. Sweeney claimed that the lagging on the pipes was usually removed.
Once the autopsy was performed, it was revealed that Sweeney died from mesothelioma related to asbestos exposure. His lawyers are fighting on his behalf, claiming that his cancer was brought on by exposure at the hospital.
Unfortunately, Sweeney is just one among many other cases involving health care practitioners who have developed mesothelioma from exposure to asbestos at a hospital in the UK.
Those who are exposed to asbestos unwillingly are urged to seek the help of top mesothelioma lawyers in order to be represented legally and to obtain the full array of benefits they deserve.
Asbestos exposure is preventable and oftentimes, employers are aware that a site is laden with asbestos, yet do nothing about it. In these cases, a victim’s disease is the result of someone’s negligence. Mesothelioma lawyers are trained to handle these cases and work around the clock to get their clients the compensation and medical help they need and are fully entitled to.
Call today and set up a meeting with a team of mesothelioma lawyers in your area.
Types of Lawsuits Undertaken by Mesothelioma Lawyers
Mesothelioma is a rare form of cancer that develops due to exposure to asbestos. It is a malignant tumor formed in the protective mesothelium that covers almost every internal organ. The existence of this disease has been known since the 1920’s but most employers made a conscious choice to not reveal the ramifications of asbestos exposure to their employees.
Esoteric Information
This resulted in development of not just mesothelioma but also lung cancer and asbestosis. Since these cases were caused by the purposeful negligence of the employers, affected individuals can file a claim to receive compensatory and punitive damages in the court of law. In a situation of failing health, one needs the services of a reputed lawyer who is experienced in dealing with similar cases known as a mesothelioma lawyer.
All Aspects
There are many types of litigation that can be initiated by the mesothelioma attorney. In the case of a mesothelioma related death, a posthumous wrongful death claim can be filed by the affected person’s family or estate executor. Damages in cases like these may be claimed under lost wages, provided care and guidance as well as funeral expenses. Compensatory damages may be claimed based on any services, pertaining to the illness, that were provided to the affected person during his or her ailment.
A Family Member
In case of the person filing a claim by themselves, a personal injury claim may be put through. Under a personal injury claim or a product liability claim, a mesothelioma attorney may claim damages under the headings of lost wages, lost prospects, medical bills, and expenses as well as pain and suffering damages. Even someone who is suffering from secondary exposure to asbestos related poisoning due to a family member or spouse working in an asbestos loaded environment, may have the chance to stake claim to some compensation.
A Supporting Cast
A reputed mesothelioma lawyer will be best placed to decide whether the chances of getting a higher compensation exist in a settlement with the accused outside of court or through the rigorous procedures in the court of law. An experienced lawyer will do what is best for his client and his client’s delicate and tenuous health.
A Lending Hand
Mesothelioma can be of different types such as pleural, peritoneal, or pericardial. The methods of treatment include chemotherapy, radiation, immunotherapy, and gene therapy. Mesothelioma litigation is practiced in many countries such as the U.S., U.K., and Australia, among other countries. In the U.S., mesothelioma laws are primarily aimed at safeguarding the rights of workers who have been a victim of their employers’ negligence.
A Drastic Situation
When a person is diagnosed with this disease, legal accountability for those responsible is a distant thought. The immediate concern is with treatment and in those who are terminally ill; the focus is on making the last days as comfortable as possible. But, the harsh reality is that besides the emotional trauma involved, the family’s financial resources are bound to get drained. This is especially true in the case of families where the primary breadwinner is incapacitated by the illness. It is your right to be compensated for suffering and pain caused for no fault of yours.
Cannot Wait Indefinitely
Money may not cure the person, but it will ensure a better future for the family. Hence, it is important to get in touch with a mesothelioma lawyer at the earliest. There is a statute of limitations on when a mesothelioma lawsuit can be filed after a confirmed diagnosis. This period differs from state to state and can range between 12 to 24 months. Also, in the event of the death of the patient, his or her family can also pursue a lawsuit against the guilty party and seek compensation.
Evolution
A mesothelioma attorney will be able to provide information on the specific laws pertaining to your state. Since mesothelioma litigation has been in existence for many decades now it has evolved into a multi-million dollar industry. Thus, finding a good mesothelioma attorney should not be a major issue. Checking with reliable organizations and affiliations that help out mesothelioma victims and their families might help you find the right lawyer to represent you.
Good for You
Finally, a mesothelioma lawyer will work on a contingency basis which means that you would have to pay him or her only after your settlement takes place.
Country debates over proposed National Mesothelioma Awareness Day
A motion was proposed to introduce a nationally recognized Mesothelioma Awareness Day. This could lead to greater education about mesothelioma as well as improved treatment and funding. The motion is supported by the Mesothelioma Research Foundation and was introduced by Representative Betty McCollum and Senator Patty Murray. It is still pending review by the Committee on Oversight and Government Reform.
The date was proposed for September 26, 2010, the same date that the Mesothelioma Foundation is scheduled to tape an episode of the Today Show in New York.
Florida is already showing its support for the asbestos-caused disease by dubbing September 26 state-wide recognized Mesothelioma Awareness Day.
Mesothelioma is a type of cancer that is directly related to exposure of asbestos, a mineral used in construction and materials. Although it is no longer legal in the United States, many other countries continue to use asbestos.
There are roughly 3,000 new cases of the cancer diagnosed every year in the United States. Although there is no known cure for the disease, certain treatments such as radiation, chemotherapy and surgery have helped many mesothelioma patients battle the disease.
If you or a loved one have contracted mesothelioma, seek the help of a mesothelioma lawyer as soon as possible. Once the cancer develops, victims usually have up to 18 months to seek treatment. Finding a top mesothelioma lawyer quickly is crucial for the treatment of the disease.
Don’t waste any time and contact an attorney near you. A mesothelioma lawyer will help you get the compensation you deserve for your disease and the medical attention you need.
Rockefeller Plaza celebrates Mesothelioma Day
The first ever Mesothelioma Awareness Day is scheduled to take place on September 26 and to commemorate the milestone event, the Mesothelioma Applied Research Foundation has put together a banner and video display at 10 Rockefeller Plaza. The purpose of the event is to raise awareness about mesothelioma, a deadly cancer caused by exposure to the mineral asbestos.
The banner and video for the event were donated by EHE International and will highlight important facts about the cancer. Mesothelioma affects nearly 3,000 people each year in the United States alone. Once the cancer is diagnosed, victims have about an 18-month window in order to seek treatment. Although many have overcome the illness through radiation, surgery or chemotherapy, there is no known cure for mesothelioma currently.
Although asbestos has been banned for use in the United States, many other countries continue to use it because of its durability and strength in creating materials as well as building structures. There are strict guidelines for the removal of asbestos but unfortunately, many people do not adhere to them.
Mesothelioma is considered to be one of the most deadly forms of cancer. It is extremely difficult to diagnose because oftentimes, victims do not exhibit any symptoms. Furthermore, it can take up to 50 years for symptoms to manifest, if they do, leaving the victims completely unaware that they need medical attention.
The Mesothelioma Applied Research Foundation has been working on getting help for mesothelioma victims and increasing national awareness for the cancer. The foundation is a national non-profit organization that dedicates itself to funding research for the cancer and providing support for those afflicted with mesothelioma. It has already funded $6.4 million in projects through various grants.
Ohio native files asbestos lawsuit against 95 companies
OHIO – A man from Ohio stricken with mesothelioma has named 95 companies in a lawsuit, claiming they are responsible for him developing the cancer.
Frank S. Reisberger has filed an asbestos lawsuit in Kanawha Circuit Court.
He said he smoked cigarettes from 1941 to 1954 but has since quit. He was diagnosed with mesothelioma on August 17.
Reisberger and his mesothelioma attorneys are fighting to get him the compensation they believe he deserves after developing the deadly cancer, which is almost always related to asbestos exposure.
Some of the companies named in the lawsuit include General Electric, General Refractories, Allegheny Power Systems and Viacom.
According to statistics, about 3,000 new cases of mesothelioma are diagnosed each year in the United States. Unfortunately, there is currently no cure for the cancer, although leading medical treatments such as chemotherapy, radiation and surgery have been known to alleviate the symptoms and in some cases, help the patient enter remission.
Mesothelioma can affect anyone – young or old. The worst part is that it can take up to 50 years to manifest so someone may be exposed to asbestos and not show symptoms for years and never seek medical help.
If you or a loved one have been diagnosed with mesothelioma or have been exposed to asbestos, seek the help of top mesothelioma attorneys to fight for your rights. You may be entitled to a large sum of money and your legal representative will ensure that you obtain it. Time is of the essence when fighting mesothelioma; call today to set up an appointment with a reputable team of mesothelioma attorneys.
Sunday, October 3, 2010
New study suggests gender plays a role in surviving mesothelioma
New research is suggesting that women have a higher rate of surviving mesothelioma cancer over mean after being treated for malignant pleural mesothelioma.
The study, published in the Annals of Thoracic Surgery, found that out of 450 men and women with epithelioid mesothelioma (the most common type), women were more likely to develop thrombocytosis (a high count of blood platelets) but responded better to aggressive treatment.
The study also revealed no difference in survival rate when it comes to other forms of mesothelioma. Women who had non-epithelioid mesothelioma such as sarcomatoid or biphasis did not differ in their response to treatment from the men in the study.
The data gathered from the study concluded that women with epithelioid mesothelioma will most likely benefit from intensive treatment and surgery.
“These findings support an aggressive approach to treating MPM including extrapleural pneumonectomy in individuals with favorable prognostic predictors, particularly women with epithelial histology and no other risk factors,” explained the researchers.
Although 90 percent of mesothelioma victims are men, an increasing number of women have contracted the disease. Many are the wives of former asbestos workers who had mesothelioma fibers attach to their clothes and brought it home from work.
Mesothelioma currently affects nearly 3,000 individuals each year in the United States alone. There is no cure for the cancer and it is directly related to exposure of asbestos. Treatment is most likely to succeed within the first 18 months of developing the cancer but survival is rare.
If you or a loved one have been exposed to asbestos or have developed mesothelioma, seek the help of a mesothelioma attorney immediately because you are entitled to receive compensation.
A mesothelioma attorney will fight for your benefits and help you obtain medical treatment. Don’t let another moment go by before scheduling an appointment with a legal professional near you.
Asbestos study in Minnesota expanded to include larger region of the state
MINNESOTA - A study that focuses on the link between taconite mining and asbestos-related diseases, such as mesothelioma, has expanded to include the state’s Silver Bay region in addition to the previous Iron Range area.
There is a taconite pellet processing and shipping facility in the Silver Bay region that has been operating since the 1950s.
The study began in 2007 and is being conducted by the University of Minnesota’s School of Public Health. They are planning on including respiratory health information for the former workers or the facility as well as their families to see how they have been affected.
Being exposed to asbestos can be extremely harmful. Asbestos is the sole cause of mesothelioma cancer, a deadly cancer for which there is no known cure of.
Each year, 3,000 new cases of mesothelioma are discovered in the United States. The cancer is extremely difficult to diagnose and treat because symptoms may not develop for up to 50 years following initial exposure.
Even then, symptoms may not cause enough alarm for a victim to get checked out. Many times, mesothelioma patients only suffer from a cough or fever. Unfortunately, the window period to seek treatment is around 18 months after the cancer develops. Common treatments include surgery, radiation or chemotherapy and have been found to help many patients enter remission.
The study will hopefully lead to new insights about the disease. The project was funded by the state for $5 million after a large number of mesothelioma cases began to surface among taconite miners working in the northeastern part of the state.
Anyone who has been diagnosed with mesothelioma should contact a mesothelioma lawyer immediately. Many times, victims develop the cancer as a result of an employer’s negligence. If you or a loved one have worked in a facility that was known to have asbestos present, a mesothelioma lawyer will help you obtain medical help as well as compensation for your disease. Call today to set up an appointment with a mesothelioma lawyer near you.
While Choosing a Mesothelioma Lawyer…
Dealing with a severe disease like mesothelioma is very taxing to the psyche of the affected person. Being tired all the time and having ones movements limited drastically takes a toll on the mindset of even the most positive person.
A Good Thing
While dealing with the eventual ramifications of a long term disease like mesothelioma, you might not have the capacity to haggle with lawyers and be involved in every step of the litigation of the compensation claim. Thankfully, over a period of time, a set of lawyers have become adept in dealing with almost all aspects of a mesothelioma case with limited or no involvement from an ailing client. These mesothelioma lawyers have specifically dealt with similar cases and are well versed with the disease as well as its related lawsuits.
Time is not Infinite
A mesothelioma lawyer needs to be hired as soon as diagnosis comes through as there might be a statute of limitations in place, which effectively limits the amount of time in which a claim pertaining to mesothelioma may be filed. This will also work in a positive way for the affected person as a quickly filed claim may result in a quickly disbursed settlement. Compensation damages may take a lot of finance related pressure off the family or individual.
Support Groups
A mesothelioma attorney may also be a great way to access support groups for mesothelioma patients as well as other organizations that can help deal with the illness in a better way. A quality lawyer will know the history of asbestos related lawsuits and will have worked on a fair share of them.
Understanding
As with every other lawyer, experience needs to be given more importance in comparison to the fee that the attorney will charge. There are some mesothelioma attorneys who are ready to work on a contingency fee. This means that one need not pay any amount to the attorney upfront. If and when, the case is won, a percentage of the compensation as discussed with the client beforehand goes to the attorney as a fee. The best lawyer is the one who understands the health needs of the client.
Financial Information About Mesothelioma
Short or long term contamination with asbestos or other mineral fibers such as vermiculite has been shown to cause cancer. Mesothelioma is a exceptional form of cancer that fosters from the protective lining that covers (various~mumerous~many} of the body’s internal organs, the mesothelioma. This cancer is called more exactly malignant mesothelioma and more often than not caused by exposure to asbestos.
Individuals and tradesmen and women who have been exposed to asbestos or inhaled asbestos particles are shown to be at risk to this ruinous disease. In earlier time, exposed workers did not wear respirators and gave no heed to asbestos exposure. Even those washing and drying clothes of asbestos exposed workers became at risk to the air-born dust and particles. Asbestosis compensation helps.
Past inspection has shown that even short exposures by people of one to three is enough to increase the odds of contracting this fatal disease. Even the proximity of naturally occurring asbestos put one at risk. Asbestos has been widely used in many industrial products, including roofing shingles, brake pads and linings, cement, insulation, textiles and flooring products.
The external lining of the lungs and the internal chest wall, the pleura is a generally known site of affliction. The sheath membrane of the abdominal cavity (peritoneum), the sac that with years of asbestos exposure may develop the disease with little exposure and others with heavy exposure sometimes never develop the disease.
This perilous malady does not appear until 20 to 50 years after exposure. It can even strike the membrane that encompasses the heart (the pericardium).
Opposite to what most may believe, other than aggravating the conditions, the association between smoking and mesothelioma. But not to minimize the effects of smoking since it greatly increases the risk of other asbestos effected cancers.
Some of the indications include shortness of breath caused by the fluid between the lung and the chest wall (called pleural effusion), abdominal swelling and/or pain, deep pains in the chest, lumps in tissue under the skin on your chest, and weight loss. Other symptoms include wheezing, anemia or fatigue, hoarseness, coughing, coughing up blood and pain in various body cavity locations.
Making an appointment and getting a chest X ray or CT scan can reveal the suspected condition. A biopsy will prove the suspected malady thru microscopic analysis. A further way of diagnosis method is squeeazing a tube with a camera into the chest cavity. Asbestos law concerns itself with compensation to victims and is likely the longest running tort suit in the United StatesU.S. . In these lawsuits, lawyers bring legal action to secure funds for asbestos victims. Learn about mesothelioma litigation and your rights.
Vermiculite was used in insulation and may contain amphibole asbestos, which when inhaled likely causes serious health problems, including cancer. Vermiculite has been made use of in a number of industries including construction, agricultural and horticultural markets for more than 80 years because of its great insulation qualities. Often it is found in the attic insulation of homes under the name Zonolite. Inhaling these fibers cause them to get stuck in the lungs and can cause lung cancer and mesothelioma, a cancer of the lungs’ lining or the abdominal cavity.
When it comes to legally confronting the manufacturers, the risk-free lawsuit is will not cost you anything other than time. Attorneys represent clients on a contingency basis and only collect a fee if damages are collected.
Even if you can prove you’ve been exposed to asbestos, you must have an asbestos-related disease to file a lawsuit. There are certain statutes of limitations involved so it is essential to act. The law issues certain time curbs on how long one can wait to file a mesothelioma or asbestos lawsuit until it is “too late.” Start by visiting and accessing top advice from professionals in asbestos compensation.