Protecting Your Legal Rights during a Divorce

Even the most amicable divorce can be stressful situation. As such, it’s easy to picture how much harder it is to handle an antagonistic and highly contested divorce. Aside from dealing with the emotional and psychological blow of such a situation, spouses in these tense minefields will also have to worry about protecting themselves and their children. If you are in the same boat, the following are ways you can find legal, financial, and—should the situation warrant it—physical protection through an extremely difficult divorce.

To protect your legal right as a parent, it’s important that both you and your spouse are able to spend equal amounts of time with your children as you go through the divorce proceedings. This might mean that you’ll have to stay in the family home even as you go through the process of divorce. Of course, this might not be ideal for couples that are struggling with extremely antagonistic relationships. To avoid any fights from breaking out and escalating, a better solution would be to “timeshare” your family home until all issues are settled.

In terms of finances, it’s important to safeguard your personal property and keep it separate from the assets that you share with your spouse. Secure your personal financial records and valuable personal items in a place that your spouse will not be able to access. It will also be best if you and your spouse cancel any joint credit cards or bank accounts you may have. To keep the keep everything clear cut, it is also advisable that you make a record of all the properties and assets you shared during your marriage. Generally, it is in your best interest to avoid signing any preliminary papers or agreements without having consulted your own lawyer. According to the website of Arenson & Maas divorce lawyers, having a qualified family lawyer assist you during the entire process can be enormously valuable and helpful in the long run.

There are also times when a difficult divorce can become so antagonistic that one spouse will resort to hurting or threatening the other spouse or even their children. In cases of domestic violence, it’s extremely important to contact the police immediately and file a report against an abusive spouse.

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Factors that Affect Car Accident Settlements

When you have been involved in a car accident, settling your case can be a better and easier option than going to court. According to the Ausband Firm, the option of settling out of court can produce a fair and openly-agreed amount of compensation from both parties, and can make the process shorter. If you are choosing to settle your car accident claim outside of court, there are variables that your should first consider which could affect the outcome of the settlement. You should be particularly aware of these four factors when trying to settle your car accident claims.

First, the consistency of your explanations will have a big effect on your settlement. During the course of the case, there will be numerous explanations of how the accident occurred, depending on who is going to provide the information. It may be a given to have several variations of how the accident happened, but it is important to remain as consistent and honest as possible. Even if not all explanations are the same, extremely varying stories about the accident can make the car accident claim unstable and could make it vulnerable to insurance adjuster or defense attorney which could lower the value of the settlement.

Second, make sure that your doctor’s opinions support your claims. If your claims are not at par with the medical records and reports from your doctor, you may run the risk of being accused of exaggeration and malingering of complains. Likewise, the third factor is to ensure that your post-accident complaints conform to your post-accident actions. Your lifestyle should reflect the injuries that you have claimed to suffer from after the accident, and any inconsistencies can only result to a lower settlement claim and even accusations of fraud.

Last but most importantly, you have to make sure to show solid evidence of the defendant’s negligence that lead to the injuries. Personal injury cases such as those of car accident claims are dependent on the presenting negligence. Having strong evidence of the defendant’s negligent action that was the main reason for the accident and resulting injuries could make the settlement more valuable and could push the insurance adjuster or defending attorney to offer settlement outside of court to avoid trial and further loss.

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Child Injury: On the Safety of the Premises

It is one of the most rewarding things in the world, to have a child. However, there are certain risks that need to be taken – why, even going outside is a risk! It is still a risk that people need to take every day; which is why there is an imposed responsibility upon people, especially those of us who know better, to keep our surroundings safe, not just for us but also for the people around us. Added precaution needs to be taken into consideration when children are involved.

There are many dangerous places that are easily accessible these days and venturing into any one of these places can merit serious danger if it isn’t properly maintained or structured. It is the responsibility of the owner of any premises to make sure that the given space is safe and sound. However, there are some places that can be declared as ‘attractive nuisances’. This simply means that though it might not be dangerous to most adults, it can be hazardous when children are involved. That is why there is a need for there to be protective implementations in order to avoid these accidents from happening. If any place is declared an ‘attractive nuisance’ and causes the injury, or worse – the wrongful death, of a child, there is cause for immediate legal action as there are then at least two lawsuits that fruit from such an incident.

The website of Ausband Law Firm states that there are some unfortunate circumstances caused by negligence that could leave a child injured and traumatized, or worst of all – dead. If any premises is declared unsafe and has caused harm to a child, the property’s owner is to be held legally responsible for the costs. This involves medical bills or, if the child in question is employed, loss of income. Cases like these can often be complicated as there are many subtle complexities that can further prolong the matter.

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Warning Not Enough to Avoid Liability?

Pharmaceutical companies have frequently been harangued in the past for their “failure to warn” about the risks involved in using their products even if they knew or should have known that the risk was there. The Food and Drug Administration (FDA) have required these companies to modify their warning labels to reflect these risks, which have provided a “cut off” for patients who may have suffered personal injury for using the product. After all, they’ve been warned.

That may no longer be enough for these drug companies to avoid liability.

A recent ruling by the Pennsylvania Supreme Court for dangerous drug products effectively elevated the liability threshold for drug companies regarding products that carry too high a risk of harm to be ever marketed in the first place. In other words, if a drug is deemed too dangerous, the drug company is liable for any harm that happens to its users even if the company clearly warned patients and doctors about the associated risks.

A Xarelto lawsuit is often associated with serious and uncontrollable bleeding that poses a risk to the health and life of the patient. Xarelto (rivaroxaban) is an anticoagulant of the class direct factor Xa (10-a) inhibitors or xabans, and like all blood thinners pose a risk of bleeding for its users. However, because Xarelto has no known reversal agent, its introduction into the market despite this lack may be interpreted by the courts as negligence based on the recent Pennsylvania ruling.

That is probably what Kentucky resident Virginia Stuntebeck was counting on when she filed a Xarelto lawsuit in Pennsylvania state court, naming Xarelto US distributor Janssen Ortho LLC and manufacturer Bayer Corp among others as defendants. Janssen had been served first, and the company succeeded in petitioning for a transfer of the case to federal court. However, the federal court promptly returned the case to Pennsylvania state court because Bayer is based in that state.

When and if the case finally makes it to trial, it is probable that there will be many more that had been filed in the meantime, which may mean that Janssen and Bayer may be in the bag for their dangerous drug. The payouts and settlements will probably be for hefty sums, but considering that Janssen has posted more than $800 million in sales in the US alone for 2013, they can probably afford it.

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Choosing the Right Commercial Roofing Materials

The type of material used for commercial roofing will depend on several factors, including but not limited to the weather, type of roof, and the budget. A professional roofing contractor can recommend the best materials for each case. Below are the most common materials used in commercial buildings and in some instances for residential structures.

Asphalt Shingle

Comparatively inexpensive and simple to install, asphalt shingles are perhaps the most widely used roofing material in the US for both commercial and residential purposes and can last for up to 30 years. Laminated asphalt shingles come in various textures and colors and can last for up to 50 years.

Slate Shingle

A much more expensive and somewhat fragile alternative to asphalt shingles, slate shingles are chosen for the esthetic quality they add to any commercial or residential building. While they are breakable, slate shingles can last up to 100 years if they are properly installed by professional roofing contractors such as Black Slate Roofing, LLC.

Tile

Tiles are typically heavier than other roofing materials, and require more robust support. They can last up to 50 years before needing replacement.

Metal

Metal roofing materials are quite common as well, and are usually a more cost-effective alternative to shingle or tile roofing materials except for copper. It stands up well to extreme weather but is vulnerable to damage during hail events unless it is covered with a granulated layer. Typically, metal roofing will last up to 50 years.

BUR

Built-up roof or BUR consists of multiple layers of roof felts and bitumen, topped with a protective component such as a cap sheet, asphalt, or gravel. It is usually only used in commercial roofing.

EPDM

Typically used in commercial low-slope roofs, Ethylene Propylene Diene Monomer or EPDM is rubber and is comparatively inexpensive and easy to install. The expected lifespan of this material is between 12 and 25 years.

Modified Bitumen

Commercial roofs with a minimum slope of ¼ inch per horizontal foot can be made of modified bitumen, asphalt that has been chemically altered to acquire plastic properties. It works best in combination with BUR.

Single Ply

These are synthetic materials produced in smooth, flexible sheets that are ideal for a flat roof. It is not usually recommended for a roof with a slope of more than 2 inches per horizontal foot unless an adherent is applied.

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The Tallest Mountains

In its competitive nature, mankind has sought to climb all the Earth’s tallest mountains. We have conquered Kilimanjaro, defeated Everest, and mounted McKinley. These are among the earth’s tallest mountains, but they are nothing when compared to the tallest known planetary mountain in the solar system: Mars’s Olympus Mons.

Olympus Mons measures 22 kilometers in height, more than double the height of Everest. It’s also a volcano that protrudes from the barren Martian landscape like an immense pimple, yearning to be popped.

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Innovation and Skepticism

In the face of technological innovation, medical professionals must navigate a rapidly-changing environment regarding patient care. Doctors and surgeons have many treatment options at their disposal. In 2000, the first robotic surgical system, the da Vinci robot, was manufactured by Intuitive Surgical. This technological advancement provided doctors with yet another method with which to treat their patients.

Many doctors enjoy using the da Vinci robot because it allows them to perform with ease and precision while saving their energy. However, some doctors are more critical of the robot-assisted surgeries, preferring to perform traditional laparoscopic surgeries. According to the National Injury Law Center, critics of robot-assisted surgeries claim that the robot can’t detect and navigate the patients’ tissue with as much clarity and discernment as the surgeon alone. Doctors and surgeons have long since been accepting of medical and technological innovation as they prescribe patients pharmaceuticals and send digestive-tracking cameras through intestines. However, many doctors and researchers are concerned that reports about robot-assisted surgeries render the technology too risky to use on patients.

Though the vast majority of robot-assisted surgeries are performed successfully, critics argue that traditional surgeries can be performed just as successfully and with fewer margins for patient risk. Typically, researchers will find useful trends within medical reports, but researchers are having a difficult time drawing conclusions from robot-assisted surgery injury reports. In an interview with the New York Times, Doctor Martin Makary explained “we have this haphazard smattering of reports that relies on voluntary self-reporting with no oversight, no enforcement and no consequences.” This lack of methodical reporting isn’t useful in helping Intuitive Surgical refine the da Vinci robotic system, nor is it effective in helping surgeons know how to better treat their patients.

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Income Tax Law

In any systemized society, tax is vital and has become the building block of civility. Income tax is a charge that government sets upon individuals, corporations, or any taxable unit (called taxpayers) and is then used as the government’s revenues. These taxes can vary depending on the profits or income of the taxpayer, and can also vary according to jurisdictions. Failure to pay taxes can render a person or corporation in danger of criminal charges, which can come with significant penalties, fines and even jail time.

The Internal Revenue Code has set forth the federal tax laws which the government follows. Tax laws in the United States are handled and enforced by the Internal Revenue Service (IRS), and these taxes are regulated by a tax rate. Direct taxes are taken from individuals and corporations. There are several situations, credits, and exemptions that can be applied to lower the amount of tax, and each taxpayer is generally responsible for filing their income tax returns.

Normally, tax is computed as the result of tax rate multiplied by the taxable income, however, deductions and tax rates can change depending on the status of the taxpayer upon the filing of the income tax returns. Tax rates generally increase as the taxable income also increases, also known as graduated rates and usually applies at a federal level. Because each jurisdictions have their own due dates and other administrative processes, it is the jurisdictions own responsibility to adjust the tax provided by the taxpayer.

Penalties are given to those who have failed to file tax returns, have filed them incorrectly, or were late in their filing. These penalties are usually based on the amount of tax stated as well as the degree of lateness. However, intentional failures (for example, tax fraud) have criminal charges and can cause loss or forfeiture of property. When these tax issues arise, the IRS and the Department of Justice takes over the case. People who are in trouble with the IRS should get help from a professional who is well-versed in tax law, such as an accountant or an attorney.

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Will Drinking Beer Land You in the ER?

About a third of injury-related emergency room visits involve alcohol. A recent study shows that certain alcoholic drinks are more likely to be involved than others in these injuries. Johns Hopkins Hospital in Baltimore found that Budweiser, Steel Reserve, Colt 45, Bud Ice, and Bud Light were consumed most often by patients who ended up in the emergency room. Three of the named brands are malt liquors, which actually contain more alcohol than a regular beer. Although they account for less than 3% of actual beer consumption in the population, four malt liquors accounted for about half of the beer consumption of emergency room patients. This new study is the first to look at whether certain types of liquor or drink brands are overrepresented in cases of emergency room visits.

Injuries are the fourth-leading cause of death in the United States, and about 65% of these injuries are accidental, with alcohol playing a role in a large percentage of these unintentional injuries. People who drink are more likely to engage in risky behavior, be involved in auto accidents, and act impulsively. Previous studies found that this behavior led to emergency room admissions involving auto accidents, accidental drowning, falls, and homicides.

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Breast Reconstruction after a Mastectomy

Breast cancer is one of those things that can greatly impact a person life, and overcoming it is one of life’s greatest accomplishments. For those who have suffered from it, or have loved ones who have, mastectomy is one of the ways to treat it. Mastectomy is an operation that removes the breast affected with cancer. After the surgery, the breast can be reconstructed through another surgery. Breast reconstruction is often the next step for women who have mastectomy.

Breast reconstruction is another surgery to help rebuild the shape of the breast that was removed because of the cancer. There are two ways this surgery will be performed: immediately after surgery or after the surgery. Immediate breast reconstruction is done after the mastectomy, while delayed breast reconstruction is done after the mastectomy wounds have healed.

Breasts can be rebuilt using three types of implants; saline, silicone or autologous tissues. Saline and silicone are artificial implants while autulogous tissues are tissues that can be taken from other parts of the patient’s body. Choosing which implant to use or when to have the breast reconstructive surgery done can all depend on the possibility of chemotherapy, the size and shape of the breast that was removed, the age and most especially the health of the patient. All these things are to be considered before having breast reconstruction and talking with the reconstructive surgeon and breast surgeon can help the patient choose which one is most beneficial.

As told on the website of Bergman Folkers Cosmetic Surgery, traumatic events such as breast cancer and the scars that come along with it can affect the patient’s life in many ways. Not only can these experiences affect the patient physically, but these serious disfigurements can give stress and emotional trauma to those who have them.

More and more women have been choosing to have breast reconstruction after mastectomy in order to have their life back to normal. Even famous Hollywood actress Angelina Jolie underwent double mastectomy and came out successful after her surgery. With the advancements of medical technologies, these serious physical disfigurements from diseases and injuries can be addressed so that life will continue the way it was, if not for the better.

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