Archive for the ‘Uncategorized’ Category
Burn Injuries
Filed under: car accident | Tags: burn classifications, burn injuries, first-degree burns, fourth-degree burns, second-degree burns, Social Security claims, Social Security Disability Attorney, third-degree burns
Leave a Comment Burns are skin injuries that can be caused by electricity, heat, intense light, chemicals, friction or radiation. Usually, burns will affect the skin (dermis and epidermis), but burns can also affect blood vessels, muscle and bone on more rare occasions. Burns are significant injuries since, although common, they can be quite painful and serious burns can be very debilitating, disfiguring and even fatal.
Serious burns will also bring about secondary conditions such as infection, shock, electrolyte imbalance, multiple organ dysfunction and respiratory problems. Larger burns that were, in the past, fatal can be treated utilizing modern medical technology that has been developed over the last sixty years. This has improved the prognosis of serious burn victim – especially among children and younger adults.
There are several different classification systems, but the traditional method of classifying burns involves dividing them into the three categories of first, second and third degree burns. This system is currently being replaced, however, by one that takes into account the need for surgical intervention. This system classifies burns as; superficial, superficial partial-thickness, deep partial-thickness and full-thickness.
Descriptions of traditional burn classifications are:
• First-Degree Burns – minor burns that are usually limited to a redness of the skin with only minor pain associated with the burn. Sunburns are usually placed within this burn classification.
• Second-Degree Burns – are defined by redness that includes blistering of the skin at the burn site. The amount of pain experienced will be directly related to the amount of nerve damage involved.
• Third-Degree Burns - are severe burns where the epidermal layer of the skin is lost and there will be damage to the subcutaneous tissue, as well. These burns will result in scar tissue with hair loss and may require surgical procedures in the form of skin grafts.
• Fourth-Degree Burns – are very severe burns that damage tendons, muscles and ligaments. There will be charring and complete damage to the hypodermis and, in some cases; the hypodermis may be completely burned away. The resulting condition may be a life threatening complication known as compartment syndrome. Grafting will most certainly be required, provided the burn (or its complications) doesn’t prove fatal.
Please note that this article is for informational purposes only and is not intended as legal advice.
For assistance with Social Security claims involving burns, talk to Texas SSI Disability Lawyer today.
Who are the beneficiaries of an Estate?
Filed under: Uncategorized | Tags: beneficiary rights, deceased person’s estate, estate beneficiary, inheritance tax, Probate Attorney
Leave a Comment • Who qualifies as a Beneficiary?
• Rights of a Beneficiary
An inheritance tax is paid anytime a portion of a deceased person’s estate is transferred to a qualified beneficiary. This is true whether a person leaves a Will or not. In the absence of a Will, the state provides guidelines for who qualifies as a beneficiary of a deceased person’s estate.
If married, the husband or wife is awarded the deceased person’s estate. If a person has a registered civil partner, they are eligible for the person’s estate. However, surviving partner who remains unmarried or unregistered to the deceased person is not qualified for receiving any portion of the estate.
If married, the deceased individuals married or registered civil partner gets priority for receiving the estate. The interest or income of funds located in a bank account for example is directly credited to the partner. The original amount invested however is passed to their children if the partner passes away.
If both parents are deceased, the deceased individual’s estate passed to their children. Depending on state or local laws in your area, illegitimate and adopted children are also given a portion of the estate. But in order for the children to gain control assets awarded to them, they must be of legal age (18 years or older) or they must enter a period of guardianship where funds are placed in trusts until they reach the required age. Portions of the estate are divided equally to the deceased children. In cases where one of the children has passed away, their rights to the estate in turn is passed to their children.
In instances when the deceased has no husband, wife or registered civil partner, all assets and properties are passed to the nearest relative. The rules regarding receivership are similar to those found in the awarding of administration rights in probate cases.
Any surviving or both parents of the dead person.
Siblings of the deceased individual who have similar mother and father (same blood) are given next priority. In cases where a brother or sister is deceased, right are passed to their descendants.
Half brothers or half sister, cases where the deceased individual shares the same mother or father but not both. Rights to the estate are awarded to their descendants in cases when they become deceased.
In the absence of the above persons, grandparents of the deceased individual are awarded the estate.
Aunts or Uncles (whole blood), meaning brothers and sisters of the parents of the deceased share both parents, rights are passed to their descendants.
Aunts or Uncles (half blood), brothers and sisters of deceased individuals parents who share only one common mother or father.
The state receives the estate in cases where the deceased person has no relatives.
If you have any questions regarding Probate Law please visit Attorney Adrian Philip Thomas with offices located at Fort Lauderdale, Florida
Probate Law
Filed under: Uncategorized | Tags: asset protection, florida probate laws, insurance coverage
Leave a Comment Owning any type of property, a house, car or having money in the bank is one of life’s most rewarding experiences. Assets gathered thru years of hard work and investing should always be protected. Creating a portfolio that contains all your valuable assets should be considered to monitor and manage them better.
Asset Protection
Asset protection is the process of organizing all assets including business, personal and professional by using legal methods to safeguard them against future risks. Asset protection method allows individuals to protect their properties against future creditors making it harder for them to collect your assets and properties.
There is a very fine line separating “legal” protection and defrauding credit providers. This is why getting an attorney that specializes in legitimate asset protection services is essential. These professional’s help you incorporate financial decisions with legitimate practices to create a portfolio that is diverse and protected against the risk of loss in the future.
Lawyer
The benefits of getting the services of a lawyer who specializes in asset protection are more important than ever. The law serves to protect the rights of professionals and their clients. But sometimes, decisions awarding creditors or clients could only be described as preposterous. Plaintiffs are awarded millions of dollars in damages which are charged to an individual’s assets.
Insurance Coverage
Getting insurance is a great way of avoiding and decreasing the loss of valuable assets to future creditors. But insurance coverage is sometimes limited and does not cover all damages or expenses incurred. This is why getting a lawyer who specializes in asset protection is vital in preventing exuberant damages and payments from touching your investments.
Who needs asset protection?
Individuals with high risk jobs
Medical professionals like doctors are vulnerable to litigations due to the nature of their jobs. With cases of medical malpractice on the rise, awards from such legal proceedings run in the thousands and in extreme cases could run in the millions of dollars. Medical insurance only covers a certain percentage of expenses incurred, leaving them virtually ruined.
Individuals with considerable assets
These groups of individuals comprise the majority of all individuals getting asset protection services. With assets and investments so diverse, they are at high risk for losing portions of their properties due to their exposure in a wide array of business and services.
For more information regarding Asset Protection and Probate Laws click this link at Adrian Philip Thomas, Public Attorney with law offices located at Fort Lauderdale, Florida
Labor Laws: Protecting Employees’ Rights in the Workplace
Filed under: Uncategorized | Tags: florida labor lawyer, labor laws, overtime, strikes
Leave a Comment Labor law concerns the rights and restrictions of employees and their organizations, and intercede professional relationships between workers and their employers. While employees often rally for improved conditions and extended freedoms, employers often try to impose more restrictions for their workers. Complicating matters is the often aggressive presence of workers’ unions, which can wield great political power if strengthened. Thus labor laws often reflect struggles between opposing classes in society.
The Employment Contract
The crux of these labor laws is the employment contract, a written agreement between worker and employer detailing the privileges and responsibilities of each. This contract exists to protect the rights of the worker while demonstrating their commitment to their employer. Most of these contracts fall under an “at-will,” condition, meaning the employer can fire the employee at any time if the terms of the contract are broken. Other components of labor law exist as basic rights for the worker. For instance, minimum wage guarantees that a worker will be paid at least a minimum amount imposed by government standards to be fair.
Length of the Workweek
Additionally, the length of a workday and workweek is another standard of labor laws. The standard workday length is imposed to ensure that an employee cannot be forced into overexertion. In the United States, labor law decrees the standard work week to be 40 hours, meaning that no employer can force their staff to work more than that. However, a worker is permitted to work up to 72 hours a week if they desire. After working up to 72 hours in a week, harvesters are required to receive 24 hours off before they are permitted to work again. Other elements of labor law include those guidelines pertaining to health and safety conditions of the workplace, anti-discrimination laws (preventing employers from discriminating against different races, genders, classes or ages), and unfair dismissal (ensuring that an employee is fired for just cause). Specifically, the fifth and fourteenth amendments of the Constitution speak out against discrimination.
Obligations of the Employee
In addition to outlining the obligations and needs of the workers from employers and the workplace environment, labor laws also extend to the acts employees can take to represent themselves. Trade unions, strikes and pickets are all organizations or methods used by workers to change or enforce workplace rights. Strikes are considered to be the most powerful of weapons allowed to the workers. However, strikes must obey general laws and regulations to be regarded legitimate by the government.
For example, strikes must be decided on by trade union officials. Sympathy strikes, or those held against companies by which the strikers are not immediately employed, as well as those general strikes prohibited by a public order, may be prohibited. Likewise, the profession of an individual may disqualify them from participating in a strike (including government workers such as firemen, police officers, teachers, etc.) Boycotts, or refusing to support businesses until they meet a demand, are considered to be a type of strike. Other methods of striking include the go-slow, in which workers purposefully decrease their productivity, or sabotage, in which workers intentionally perform poorly. Likewise, workers may refuse to attend work to make a statement. While some labor law prohibits strikes, there is no law that endorses it.
For legal advice regarding labor laws, visit Shavitz Law. Serving clients in the Boca Raton, Florida area.
The Civil Penalties of ‘Offshore’ Tax Law Violations
Filed under: Uncategorized | Tags: DC tax attorney, failure to report taxes, IRS
Leave a Comment Since 2003, the Internal Revenue Service (IRS) has been taking measures to improve tax law enforcement in the United States. In fact it has initiated the Voluntary Disclosure practice and the Offshore Volunteer Compliance Initiative (OVCI). Nevertheless, there are still people who have not yet gotten right with the government. If they are eligible for voluntary disclosure but did not come in under it, they would face certain civil penalties should the IRS find them. There are several civil penalties imposed depending on the case, but the most notable ones are the following:
Non-filing of FBARs
An FBAR, Form TD F 90-22 or Report of Foreign Bank and Financial Accounts, is an annual report filed with the IRS of the list of financial accounts maintained with an institution located in a foreign country with which a taxpayer has direct and indirect financial interest or has signature authority over. These financial accounts should exceed $10,000 in aggregate value at any time of any calendar year. Willful failure to file the FBAR can amount up to a penalty of 50 percent the total balance of the account. Penalty for non-willful violations would amount to not more than $10,000.
Failure to Report Various Information Returns
Taxpayers with ownership interests in foreign trusts by United States persons; U.S. persons who are officers, directors, and shareholders in certain foreign corporations; and taxpayers with transactions with 25-percent foreign-owned corporation or foreign corporations engaged in U.S. trade or business are obliged to report such information to the IRS. Penalties for failure to file or for filing incomplete information returns can come to as high as $50,000 per return with an additional $10,000 for each month the failure continues.
Withholding Information Returns on Foreign Partnerships
Any U.S. person with interests in and transactions with foreign partnerships must report such information including transfers of property to the partnerships, and acquisitions, dispositions and changes in foreign partnership interests. The fines can be staggering: $10,000 for failure to file each return plus a monthly of $10,000 for every month of failure to report, up to a maximum of $50,000 per return, and 10% the value of transferred property not reported up to $100,000.
This article is intended solely to offer general information on the subject. None of the content should be considered as legal advice.
For legal insights on offshore disclosure, contact the Thorn Law Group, experienced tax attorneys in the greater Washington, D.C. area.
FDA Rules for Dietary Supplements
Filed under: Uncategorized | Tags: dietary supplement lawsuit, dietary supplements, FDA, Food and Drug Administration
Leave a Comment The FDA set down its final rule in 2007 which stated that all manufacturers of dietary supplements are required to comply with current good manufacturing practices by June, 2010. The rule also states that dietary supplements must be manufactured with controls in place that ensure the product is consistently free from contamination and that the product’s labeling is accurate. Also, manufacturers are required to report all serious adverse effects related to the dietary supplement directly to the FDA.
Criticism of the Rules
These rules have received criticism regarding the perceived lack of FDA resources along with the burden of quality being placed on the manufacturers as opposed to the suppliers of raw materials. This situation would lead to continued problems with quality and safety. Before the FDA rules – dietary supplements suffered major quality issues. Unfortunately, though, the number of FDA investigators has declined.
Opinion Statistics
A significant AARP survey reported that 77%, of those surveyed believed that the federal government should review and approve all dietary supplements before they are allowed to be sold to consumers. In a nationwide Harris poll conducted in 2002, 59% of those surveyed felt that dietary supplements should require government approval. Also, 68% felt that the supplement’s labels should list possible adverse side effects and 55% believed that supplements should not be allowed to claim that they are safe without documented scientific evidence.
A study conducted in 2001 and published in the Archives of Internal Medicine, demonstrated a broad spectrum of public support for increased federal regulation of dietary supplements. There was a general feeling that the current federal standards were insufficient regarding scrutiny of supplement safety and truthfulness regarding the effectiveness of supplements.
Manufacturing Guidelines
Under the FDA’s good manufacturing practice’s final rule, the definition of “quality” pertains to the dietary supplement’s specifications for purity, strength, identity and composition. Also required are processes that prevent product adulteration as pertaining to manufacturing, packaging and labeling. A manufacturer’s records will also be open to FDA inspection, but it’s argued that the FDA does not have the manpower to effectively inspect all dietary supplement manufacturing.
Please note that this article is for informational purposes only and is not intended as legal advice.
Dietary and herbal supplements can either be helpful or extremely harmful. To know more about your legal rights, contact Attorney Chris Searcy, serving clients in West Palm Beach, Florida.
Retiring at 65 or 62 – which is better?
Filed under: Uncategorized | Tags: florida attorney, retirement, social security laws
Leave a Comment There are really no clear cut answers when it comes to retiring at the age of 65 or 62. The answers may depend largely on a person’s financial situation. Although receiving a larger check when we choose to retire at 65 is an obvious reason for some to extend working for a couple of more years the lure of retiring early and receiving a monthly check could be a better alternative for some.
It is always a good move to get all the facts before making any type of decision. Talking to a Social Security representative or a quick glance into the Web site could provide you with facts that could help you make a better decision.
Changes in Retirement
The program has undergone many changes and your benefits maybe different from the next person. Workers’ who were born in the years of 1943 to 1954 for example who retires at 62 only receives 75 percent of what a person who retires at 66. For those who opt to retire at age 67, benefits are increased to 108 percent of monthly checks. However, workers who delay their retirements at 70 receive 132 percent, the maximum increase for delaying retirement.
Average Life Expectancy
The simple fact remains that your Social Security benefits depend on the total amount and years of payment. The average life expectancy for Americans stands at 77.7 years, this rises to 83 years for people who reach the age of 65. This makes Social Security very important in helping elderly Americans leave fuller lives.
Maximizing Your Benefits
The most important thing to consider is maximizing your benefits by planning your contributions accordingly. For those considering early retirement, this certainly mean smaller monthly checks for the remainder of their years. Another thing to remember is that smaller contributions also mean lower benefits for surviving family members.
Even with higher life expectancy levels, nobody could be truly sure how long anyone could live. The best thing to do is to make a retirement plan and increase your monthly contributions. This gives you the flexibility of deciding whether you wish to opt for retiring early or going the full mile before retiring. A higher monthly payment ensures that you and your family have better benefits as opposed to just paying the minimum requirements for contribution.
Having a bigger check still comes on top any which way you look at it. But for those who may need the money and find themselves without a job before reaching 65, the Social Security program could provide you a vital lifeline and help individuals get thru troubled times.
Additional Information Link: Public Attorney Mike Murburg, with offices located in the Florida State area.
Heroin and Morphine Trafficking
Filed under: Uncategorized | Tags: drug smuggling, felony lawyer, felony legal defense
Leave a Comment Heroin trafficking, in the United States and Europe, is facilitated by smuggling from areas such as Southeast Asia (the “Golden Triangle”) and Afghanistan (the largest heroin exporter). It was estimated that 93% of opiates that were marketed worldwide, in 2007, originated in Afghanistan. The sale of this export had a market value of approximately $64 billion, with about a fourth of this paid to the opium farmers and the remaining three quarters paid to drug traffickers, district officials, insurgents and drug warlords.
Drug Smuggling
The smuggling of heroin is made easy by the fact that a vial, about one inch in length, can contain literally hundreds of doses. The infamous “French Connection” supplied the majority of U.S. heroin from the 1930s to the early 70s. It was also rumored that drug lords, during the Vietnam War era, smuggled a large quantity of heroin into the U.S. inside coffins of American soldiers killed in combat. Since that time, heroin smuggling has been made more difficult – yet the drug smuggling activities have continued, none-the-less. According to a recent DEA report, North Eastern cities have the purest street-grade heroin in the United States.
Penalties for Drug Smuggling
Most countries have very harsh penalties for heroin and/or morphine convictions. These penalties can commonly include life imprisonment and death sentences in some jurisdictions. It should be noted that both morphine and heroin are classified as “Schedule I” drugs, internationally, under the Single Convention on Narcotic Drugs.
Heroin
Heroin is a powerful and highly addictive drug that will produce an intense state of euphoria which will gradually decrease as tolerance to the drug increases. After a period of time, the user is merely trying to feed the addiction, while avoiding becoming sick, instead of enjoying the original euphoric effects. Once heroin enters the user’s blood stream, it quickly converts to morphine and its’ administration can take a number of forms; including injection and snorting. Heroin vapors can also be inhaled when heated from below (usually on aluminium foil) – this is commonly known as “chasing the dragon”.
Please note that this article is for informational purposes only and is not intended as legal advice.
You can find out more about felony legal defense from Attorney Michael Lowe located in the Dallas, Texas area.
Avoiding Personal Injury by Animals
Filed under: Uncategorized | Tags: animals attacking humans, florida dog bite attorney, injured by animals
Leave a Comment Many of us are animal lovers and adore our pets. It can come as a horrible shock if your beloved pet is suddenly found to have injured someone through an attack or by causing an accident. Keeping your pet secure from the possibility of injuring others is simply responsible pet ownership.
If you have a dog, no matter how loving and friendly, you need to keep him or her secure. Wandering dogs often cause accidents on the road. You may even be liable if a child becomes frightened of your dog and slips and hurts themselves. Keep your dog fenced at all times, and always have them on a leash if you are out. A huge number of dog injuries occur at beaches and in parks. There may well be exercise areas where you live where your dog is free to roam free. Check whether these areas protect you in any way from personal injury liability.
In some areas you may be protected from personal injury responsibility if your dog, or other animal, injures someone on your property as long as you have a Beware of the dog (or whatever animal) clearly posted. This is not the case everywhere though. Take the time to check your local laws.
While dog bites may be the most common form of personal injury by animals they are certainly not the only ones. It is surprising how many people can suffer from cat attacks or bites. Make sure your cat is vaccinated, not only to keep them healthy but to help avoid the spread of disease from scratches or bites. Cat bites can infect very quickly and if your cat bites someone else you may find yourself responsible for paying their medical bills.
Pet birds, poultry and ducks have also been known to attack humans. If you have visitors to your home, be sure they understand how to treat your birds, or better yet have your birds safely caged so there is no possibility of injury. Rodents and reptiles are no exception either. You never know when your peace loving rat may be frightened into biting. If you have a horse, think carefully before allowing others to ride or pet him.
Keeping your pet secure when others are around is just good common sense, particularly when children are involved. Without meaning to children can often frighten pets and find themselves injured. We all love to show off our pets and their wonderful natures but there is always an element of risk involved.
If at any time you feel you are going to put your pet in a position where injury is possible it may be worth taking out insurance. If you keep exotic pets this is almost essential. No one wants to go through the trauma of facing liability but it can and does happen. Show your pets you care for them. Keep them well trained, safe and secure for their own protection as well as for others safety.
For More Information Please Visit: The Weinstein Law Firm’s Website, Serving Southern Florida.
Avoiding Bicycle Accidents
Filed under: Uncategorized | Tags: florida bike accident attorney, off-road and extreme cycling, tallahassee bicycle
Leave a Comment Cycling is a great way to keep fit, a cheap form of transport and a great hobby. Most of us remember riding to school and many of us still send our kids off to school on a bike. Like most things though cycling does have its risks, especially in traffic. Being aware of those risks for yourself and your children is very important.
Off –road and extreme cycling also carries a high degree of risk. Most people who become involved in cycling as sport are well aware of those risks though, in fact they are part of the attraction. You are responsible for your own safety. If you are thinking of getting into any kind of cycling sport don’t skimp on safety equipment. Get a good bike, keep it well maintained and wear the appropriate safety gear.
Children and teenagers are perhaps most at risk cycling on the road. There is certainly no doubt that children can ride, but it is up to parents to make sure they know the risks on the road, can avoid them if at all possible and are able to react.
In most countries it is now illegal to ride a bicycle without a helmet. Head injuries have in the past posed the greatest risk to cyclists and wearing a helmet is the number one protection in safety gear. Many parents though will buy a second-hand or ill-fitting helmet for their kids. Second hand is not a good idea unless you can be absolutely sure that the helmet has not been in a previous fall. If it has it may have a slight crack or defect, effectively rendering it useless for any future safety. If you are buying a bike or helmet as a gift, don’t make the helmet a secret. It is vital that the helmet fits snugly on the head. Obviously it will need to be replaced as your child grows too. Never ever let you child, or yourself wear a helmet without the strap done up. The risk of personal injury is just too great.
There are courses available for kids (and adults) to teach good riding skills. Many schools offer these courses or you may have to go hunting online, in the local paper or in the phone book to find one. A few are even free! These courses are great for teaching kids rules of the road for cyclists, how to look for possible hazards, and how to get out of tricky situations fast. It is well worth paying out a few dollars to know your kid can ride defensively and could save their life. There are few things more horrifying than a call from the hospital or police to say your child is injured or dead.
Cyclists of all ages need to be sure they are visible on the road too. If a motorist can see you there is much less likelihood of accidents occurring. Lights and reflectors are a must. Brightly colored clothing helps too. Good footwear will help prevent accidental slips and falls. Keep your cycle in good working condition to avoid any sudden failures.
Stay seen, stay safe, and enjoy the benefits that cycling can bring.
Additional Website: Searcy, Denney, Scarola, Barnhart, & Shipley. Tallahassee, Florida Personal Injury Attorneys.
