Posted by Annie on Jan 6, 2015 in Parenting | 0 comments
Despite the differences in some of the factors which states consider in determining the issue of child custody and visitation rights, one doctrine or principle is always observed: everything should always be in the child’s best interests.
Custody is usually awarded by courts to that parent who is more capable of establishing a sound and healthy relationship between the children and the other (non-custodial) parent. This is because courts believe that the influence, care and love of both parents are very important in the child’s growth and development. Following this line of thinking, many courts also therefore try to award custody to both parents (joint custody), as much as possible, but only on the condition that both parents are fit to care and be with the child.
Joint custody may be:
- Joint physical custody, wherein the parents are given equal amount of time to spend with their children. This is possible if the parents reside not far from one another so that traveling form one parent’s house to another will not be much trouble to the children
- Joint legal custody, is when both parents are given rights by the court to make decisions for the child in matters like education, health care, religion, and so forth
- Joint legal and physical custody, is when parents share equal time with their children, as well as share in the decision making in all matters that will affect their children’s overall development
If there is proof that will show the court that one parent is unfit to be with or to care for the child, then sole custody will most likely be the court’s decision; however, if both parents are proven unfit, then child custody may be awarded by the court to the child’s guardian, a care-giver or to the government.
By unfit, the parent may either be suffering from a medical condition that renders him/her incapable of providing the necessary care and attention needed by the child or he/she may be physically or verbally abusive, is teaching the child immoral and illegal acts, is an alcoholic and/or is involved in drug-related crimes.
Often, the burden of proof that will implicate the parent as guilty of any of those mentioned above is upon the shoulder of the fit and able parent. Proving that the other parent is unfit and will cause more harm to the child is not an easy task, though. With the help of a highly-qualified child custody or family law attorney, exposing the other parent’s faults can be done in accordance to court rules and may, therefore, merit the court’s favorable decision. More information on these matters can be found here.
Posted by Annie on Dec 16, 2014 in Insurance Claims | 0 comments
The Texas Prompt Pay Act (TPPA) is a relatively new piece of legislation that is still undergoing many changes. Texas prompt pay attorneys have to be on their toes to follow how these changes will impact on the rights of their clients and the outcome of arbitration or litigation. However, one of the primary requirements of protection under the TPPA is that there is a “clean” claim.
The elements of a TPPA clean claim are not at all easy for a law person to follow as it is stated in the Texas Administrative Code but essentially it is a claim that is properly and completely filled out in the proper forms with all the Ts crossed and Is dotted. Simple enough? Not by a long shot.
The Centers for Medicare and Medicaid Services have developed different forms for physicians, hospitals, and pharmacies. Specifically, claims for outpatient services (typically filled out by physicians for reimbursement) make use of CMS-1500 while hospitals (for inpatient services) fill out the UB-04 form. The CMS-1500 has about 33 fields while the UB-04 has 79. It is important that each of these fields is filled out in compliance with the rules governing the TPPA to activate its protection. In one case, for instance, a physician consistently failed to fill out field 17 and 17a in the CMS-1500 and when it turned out that he had been underpaid by the insurance company for years (which the company admitted) he was unable to claim interest payments for the unpaid balances under the TPPA because his claim was not “clean.”
Texas prompt pay attorneys can only act effectively if there is a clean claim. It is easy enough to establish the requisite steps if the claimant makes the effort to make sure that the original claim for reimbursement from the health insurance company is accomplished in compliance with the established rules and regulations. If you have a clean claim and still it is denied or delayed unreasonably without explanation, then it is time to find Texas prompt pay attorneys in your area to file a complaint.
Posted by Annie on Oct 31, 2014 in Finances | 1 comment
Being faced with debts that have become very hard to manage can make life definitely stressful and worry-filled. Inability to pay monthly bills due to major changes in financial situation can only be doubly troublesome for, besides the accruing amount of bills, there are also the interests or late fees that worsen the financial sting.
It usually takes about three successive months of non-payment before an account is tagged as bad debt and the debtor given negative credit. But with the debt crisis at hand, having negative credit would most probably be the least worry the debtor will have. The major concern is how to settle all debts and get back on good financial track again.
One of the means is bankruptcy, the legal process wherein an individual or a business declares inability to make further payments in settlement of debts. There are two major types of bankruptcy: liquidation and reorganization.
Chapter 7, one of the chapters in the bankruptcy law which is a liquidation bankruptcy and the one most commonly filed, requires the debtor to surrender all of his/her “non-exempt” properties for liquidation (if he/she runs a business, this will need to stop operations as its assets will have to be sold). A court-appointed trustee, who takes charge of the liquidation process, then pays all creditors with the amount earned from the sold properties. Despite the probable small amount they may receive, the creditors have no option but to accept; they should also abide by the court’s decision to have the debtor’s remaining balance forgiven and no longer be collected, lest they suffer severe penalties under federal law.
The debts that need to be paid in chapter 7 are only those categorized as non-dischargeable debts. Debts that can be discharged, like past utility bills, personal loan from family, friends, or employer, medical bills, and, most especially, credit card charges, are automatically discharged by the court with order to the creditor to cease any form of collection from the debtor.
Chapter 7 bankruptcy can be a complex legal procedure. Besides evaluating properly first (with the help of a competent bankruptcy lawyer) if this is really the chapter to file, or if there even really is a need to file it, the debtor will also have to take a means test, which is meant to determine if his/her salary falls within the limit set under this specific chapter. The wisest move a debtor could make, according to the website of Ryan Ruehle, in connection with filing a chapter 7 bankruptcy, is to do it only with the help of a lawyer highly-competent in the bankruptcy law.
Posted by Annie on Sep 30, 2014 in Pharmaceuticals | 1 comment
Anticoagulants have had quite a run in the legal arena, mostly because of one thing they all share: the risk of bleeding. Different anticoagulants target different aspects of the coagulation process, but they are all designed to interrupt it to prevent the formation of blood clots. Blood clotting is an important aspect of healing; without this ability, anyone who gets cut or suffers a traumatic event will eventually die from uncontrolled bleeding.
However, blood clots can also pose a health risk if they form because of a chronic medical condition, such as atrial fibrillation. These blood clots can travel through the blood stream and cause blockages, triggering stroke, deep vein thrombosis, or pulmonary embolism. Anticoagulants are prescribed to prevent these events in at-risk patients by controlling blood clot formation.
Unfortunately, anticoagulants can also trigger uncontrolled bleeding that can manifest externally i.e. a wound that will not heal or internally i.e. gastrointestinal hemorrhage. These can lead to serious health complications, even death. The irony is, the newer anticoagulants such as Xarelto (rivaroxaban) have no known reversal agent, unlike warfarin which is why it remains the standard anticoagulant for patients that have the greatest risk of uncontrolled bleeding. These risk factors are detailed in http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/xarelto/.
Despite the risks, Xarelto continues to be prescribed because it does not require regular monitoring or changes in the diet which is necessary with using warfarin. There are many types of food that interacts unfavorable with Xarelto. Moreover, Xarelto and contemporary anticoagulants are only taken once a day with no need for constant dose adjustments, so it is convenient. The trade off is that once bleeding starts, there is no reliable way to stop it. The patient has to wait until the drug is purged in the system, which can take several hours.
If you have suffered from uncontrolled bleeding from using Xarelto which resulted in permanent or serious damage to your health, you may be eligible to get compensation. Consult with a recognized product liability lawyer in your area to find out your options.
Posted by Annie on Sep 19, 2014 in Limousines | 0 comments
You know what they say: Everything is bigger in Texas. When visiting the state of Texas, or just going around its towns, there are many advantages of getting a private car service or limousine. Any kind of event can be many fancier by hiring an Austin limo service, and these private car services are always worth the money. They are ideal mode of transportation for events such as weddings, proms, or birthday parties, and are convenient for airport transfers and other occasions where a professional-looking vehicle is necessary.
One of the many advantages of hiring an Austin limo service is privacy. With its tinted windows and large space, you can have the convenience and comfort that you would want to have while travelling. It isn’t really fun when people keep peering into your vehicle to see who is inside, and having privacy means you can arrive at your destination looking beautiful and fresh. Another advantage of having a limo or a private car is having to travel in style. Hiring a limo or private car will give you a feeling of being a celebrity, and you get to experience travelling like a superstar. Lastly, an Austin limo will give you the benefit of having a driver, which lessens the burden of traffic and parking. You also get to enjoy the occasion without having to worry about driving after drinks or being tired.
The demand for an Austin limo or private car service has been high because they have become very popular. There are a number of vehicles that can be rented, and provide excellent service at very reasonable prices. They are great investment of money for special occasions that would provide comfort and style. Having a limo or private car service not only provides you convenience and luxury, it also gives a great impression for clients, showing professionalism and high regard.
Posted by Annie on Sep 17, 2014 in Law | 2 comments
Filing a personal injury claim can be made complicated due to various reasons, such as contradicting statements of the plaintiff, the defendant, or the witnesses, lack of evidence, or disagreement in the amount of settlement. After a personal injury claim has been denied, there are many options that a plaintiff can do is they still want to pursue the defendant. One of the best options is to file a personal injury lawsuit against the defendant and their insurance company provider.
You, as the plaintiff after an accident, can file for a personal injury lawsuit only after the claim has been denied or if a compromise or settlement agreement was not reached. It may be because the insurance adjuster of the defendant refuses to acknowledge the extent of the injuries and damages that you have filed as well as the amount of compensation you are asking from them. As an Oklahoma personal injury lawyer can inform you, lawsuits are available options from the beginning of the accident, but since personal injury claims are often settled before reaching court, lawsuits are not as frequent. When the personal injury claim, mediation, and arbitration have failed, filing a lawsuit may be the best option for compensation.
Personal injury lawsuits are presented in court, therefore it is important to have a lawyer to help you with the case. Because there are differences in personal injury laws in each state, if you are living in California it would be advisable to hire a Bakersfield personal injury lawyer. Knowing the laws in the state is vital in winning a personal injury lawsuit, especially since the evidence will speak for itself to the judge or jury who will decide the case. In order to have a strong personal injury lawsuit, factors such as the extent of the injury and the damages should be enough to merit a case. Personal injury lawsuits cost a lot of money and time; the case should be serious enough in order to not waste the effort of both parties.
Posted by Annie on Sep 14, 2014 in Oil Spill | 1 comment
Recent news regarding the BP oil spill reports of the possible increase in fines. United States district Judge Carl Barbier from New Orleans has ruled BP Plc is mainly at fault for the rig explosion that occurred off the coast of Louisiana in April 20, 2012. The accident caused a total of 11 casualties and enough gallons of oil to cover a number of shorelines along the Gulf of Mexico. Because of this, many business and non-profit organizations, as well as private individuals, have suffered.
The new court ruling is adding $18 billion more in fines to the $42 billion in total charges that the BP Plc is paying after causing what is considered the worst offshore environmental disaster in the history of the United States. And this may be another big blow for the oil company, since earlier this year there has been changes or revisions in the process of calculating the payment for claimants. The new policy, called Policy 495, aims to review and reassess the settlement of claimants. This would also possibly help in allowing claimants who was earlier denied to file an appeal for their damages and losses.
Because of the new updates and revisions in the settlement and process, those who have been denied of their compensation by the BP Plc may not have a chance of filing an appeal. Getting a BP claim appeal lawyer would be the best way to understand and clearly file an appeal. Since the rules are still changing and court proceedings are still ongoing, having legal advice and guidance would ensure that the claims appeal would not go to waste and all the efforts will end in a positive result. The new decision by the US court has prompted BP to file for an appeal, and the process may take more time to completely close.
Posted by Annie on Sep 8, 2014 in Workplace Dangers | 3 comments
Every company is required to have worker’s compensation insurance for their employee in case an accident with serious injuries occurs in the workplace. The company is the one that is paying for the workers’ compensation, and this cost depends on the worker’s compensation board of each state. Because every type of job entails a certain amount of risk, these risk classifications help determine the rate of workers’ compensation: the frequency of work-related injuries and the severity.
These two factors help determine the amount of compensation that a worker would receive after an accident, and these factors also the basis as to why some jobs have higher worker’s compensation rates than others. Carriers of workers compensation insurance can also base their rates on other factors such as the history of company safety, and if the company offer insurance to their workers.
As stated earlier, worker’s compensation is under jurisdictions of each state, and in the state of Texas it is not man mandatory of every employers to provide occupational injury insurance coverage. Regardless, employees still have legal rights to file for compensation claims provided they have a genuine claim. If the employer refuses to provide compensation, or if the compensation is not enough to cover for the damages and injuries, then contacting any Fort Worth personal injury lawyers could assist in drafting a lawsuit. It is wiser for companies to provide worker’s compensation insurance to their employees, since personal injury lawsuits can cost a lot of money and put the company in the wrong light.
In order to prevent such unnecessary cost and danger to the workplace, WorkSTEPS advise companies to have a proper and effective pre-employment testing. An appropriate pre-employment examination and background check would ensure employers that whoever they are hiring is competent, knowledgeable, and experienced in the specific type of job they offer. This would help prevent or at least lower workplace accidents and increase production. Pre-employment screenings, together with workplace risk assessment and property training would greatly help in preventing workplace accident and establish the company’s effective and steady workflow.
Actos, a medication used and prescribed for those with type-2 diabetes, has faced a great number of lawsuits after it have been uncovered that it causes serious side effects and endangered the health of their patients. It supposedly helped by maintaining the level of glucose in the body. Although manufactured by a Japanese company Takeda Pharmaceutical Co Ltd, it has remained one of the popular oral medications in the United States.
Reports have surfaced that even before being marketed, Actos already was linked to heart failure and bladder cancer. A 10 year study has concluded that even just after a year of taking Actos, a patient have 40 percent increased risk of bladder cancer, and this is aside from the black-box warning due to its connection to heart failure that is issued by the FDA in the United States. Because of this, many patients have hired their Actos lawyer and field a case against the manufacturer of the drug because of their negligence and failure to warn their patients.
As the number of patients suffering from complications brought about by Actos, many have turned to find help in thing Actos lawyer. Those who suffer from life-threatening bladder cancer caused by taking Actos have the right to sue the manufacturer and distributor for product liability claims. Such claims cover those that cause danger or harm to their patients. The website of this Sheboygan personal injury lawyer states that manufacturers of any type of products who have neglected their responsibility of ensuring the safety of their product can be held liable for personal injury claims.
Despite the warnings and lawsuits, the FDA has yet to recall Actos on the market and it is still available. Although physicians are no longer prescribing Actos to their patients, the dangers that come with Actos is still present as long as it stays in the market.
When commercial truckers get into an accident while driving on the road, many factors can come into play. There are many ways that the accident can occur, and there are times where the trucking company can be held accountable for the accident and injuries of their drivers. A trucking company is often held liable after a truck accident under the theory of “respondeat superior”, which puts the responsibility of the accident to the employer as long as the accident was unintentional and occurred during working hours.
As mentioned earlier, the employer can only be held accountable for the accident of their employee if the accident was unintentional. Intentional torts, however, will exempt an employee from any legal responsibility, since they are not related to the business or part of the job. There are two ways that a trucking company can be held liable for their truckers’ accident: through vicarious liability or negligence on the side of the employer. A Texas truck accident lawyer can point out that it is the responsibility of the employer to properly hire and supervise their employees; that is, they have the responsibility to ensure that the person they employ is a safe and qualified driver.
When a driver is injured in a truck accident, they can file a claim to their insurance company. If the company’s compensation (through worker’s compensation) is not enough, they can file a personal injury claim against their employers or insurance company. Personal injury claims can also cover for the non-economic loss that is not covered or paid for by worker’s compensation. In the state of California, for example, consulting a San Diego personal injury lawyer would provide you information on the laws and statute of limitations that would affect your personal injury claim. Because California follows that “shared fault” rule, if you have a share of liability for the accident, the amount of compensation you will receive may be lower than you expect. Because of complications such as this, you would be better of hiring a San Diego personal injury lawyer.
It can be difficult to determine who is truly liable for a truck accident, so long as it was not an intentional act. There are many factors to consider, therefore consulting a lawyer first before filing any personal injury or insurance claim is essential.