Recent Entries

Know Which Debts a Court may Free You from if You File Bankruptcy

Those with huge debts and are unable to pay will probably go through a nerve-racking experience due to the constant hounding of creditors or debt-collectors, who will not cease their harassing tactics until debtors finally pay what they owe.

Loss of job, an unexpected health problem that requires costly medical treatment, reduced income, divorce, and/or a natural calamity are some of the reasons why people sudden lose the ability to pay creditors their mortgage, car loan, credit card debt, utility bills and other debts. Well, the more payments missed, of course, only results to the amount of the debt increasing until it reaches a sum that is already impossible (for the debtor) to settle.

Will a debtor still be able to save himself/herself from his/her seemingly impossible-to-pay or overwhelming debts? A “No” will definitely be devastating; fortunately,the answer is “Yes,” and the means is a legal one even – Bankruptcy.

In 2010, there were about 1.53 million Americans who filed bankruptcy in various U.S. federal bankruptcy courts. Bankruptcy is a legal procedure wherein a person (or a business firm) declares inability to make further payments in settlement of his or her debts. It is allowed by the law to give people (and firms) a fresh start in their financial lives.

In every financial situation is a bankruptcy chapter that would serve as an appropriate solution. Chapter 7 Bankruptcy or liquidation bankruptcy, for instance, is one that requires a debtor to surrender to a court-appointed trustee his/her “non-exempt” assets and properties for liquidation. One task of the trustee is to sell these properties in order to raise the amount needed to pay off a borrower’s creditors. Payment will only be on debts that are non- dischargeable (debts that a debtor will still need to pay), which include, but are not limited to:

  • Unlisted debts and creditors;
  • Most student loans, unless paying these would cause “undue hardship” to the borrower and/or his/her dependents;
  • Federal, state, and local taxes which are no more than three years old from the time these first became due;
  • Court fees;
  • Government-imposed penalties, fines, and restitution;
  • Child support and alimony or spousal support; and,
  • Debts resulting from wrongful death or personal injury damages if these are consequences of DUI.

According to Raleigh bankruptcy lawyers of the Bradford Law Offices, PLLC, dischargeable debts are debts a person is no longer responsible for paying after filing for bankruptcy. These include personal loans, credit card loans, medical bills, past utility bills, debts related to your business, payments on motor vehicles, house payments etc.; the court where bankruptcy is filed can free a debtor from these debts.

For “non-exempt,” some of the assets and properties that the law has identified under this classification include:

  • Motor vehicles, jewelry and tools used by the debtor in his or her trade or profession – but only up to a certain value;
  • Reasonably necessary household furnishings and goods, and clothing;
  • Household appliances;
  • Pensions, unemployment compensation, social security benefits and a certain percentage of the borrower’s still unpaid but earned wages; and,
  • Compensation for personal injury.

Injuries Resulting From Speeding

Utilizing extreme speeds can be an especially unsafe behavior that is driving, but sadly, it is a behavior that numerous people demonstrate on the daily basis. Submitted speed limitations are supposed to be described as a guide to drivers, indicating the utmost pace of which a driver may properly perform his / her car, and any rates over this published restriction have the potential to result in a severe collision and substantial physical injuries. Motorists who speed risk not only themselves, but every other driver, cyclists, or pedestrian who is also on the road or nearby. It may trigger intensive real and economic problems for any individual who is involved with a speeding incident although speeding may not appear to be a serious offense.

There are numerous conditions by which racing can be particularly harmful if not fatal though speeding is risky regardless. These situations usually require high traffic locations or lots of people, and they also may have restricted presence or road conditions that are dangerous. Regardless of factors if an irresponsible driver decides to neglect causes the damage of someone else and posted speed limitations encompassing an accident, they must be held accountable. According to the website of Madison personal injury lawyers of Habush Habush & Rottier S.C. ®, while patients of a speeding incident are sometimes laden with large financial prices, they are able to often sue a dangerous driver for fiscal settlement, allowing themselves to be financially supported by them throughout their moment of cure and recovery.

Circumstances that are specific

In nearly every driving situation, applying extreme rates is risky, but often these scenarios can be a lot dangerous when the odds of an accident boost. Some unique instances where racing might not be a lot more safe than usual include:

  • Around sharp turns
  • In the areas of traffic congestion or parking lots
  • On narrow, little, and winding streets
  • At different or night moments of reduced awareness

In these cases, an accident is very likely to occur and the odds of considerable damage is considerably increased.

The Dangerous Effects of Xarelto

Back in 2011, the Food and Drug Administration approved a new kind of anticoagulant or blood-thinning drug specifically meant for those that have gone through knee or hip replacement surgery. As these two procedures increase a patient’s risk of thrombosis or abnormal blood clotting, the new anticoagulant drug mitigates this danger through blocking the production of proteins responsible for the formation of clots that are meant to stop bleeding. Xarelto is meant to prevent the formation of abnormal blood clots that can cause strokes, pulmonary embolisms, and other life-threatening conditions.

Through the years, doctors have begun to prescribe the drug to address similar blood clotting issues caused by other medical concerns such as acute coronary syndrome and other cardiovascular problems. Xarelto has quickly become one of the most effective ways to prevent abnormal blood clotting and reduce the occurrence of complications caused by such an incident. By slowing down the production of certain proteins and enzymes, the drug keeps patient safe from experiencing anymore blood clotting complications that might otherwise be typical due to their current health issues.

While Xarelto has proven to be a helpful solution for some patients, it’s important to note that the drug is not without some side effects. In most cases, these side effects are of little cause for concern. Side effects such as frequent nosebleeds and heavier menstrual periods for women are obviously outweighed by the benefits brought about by the medication.

However, recent developments have shown that Xarelto can also have dangerous effects that might complicate a patient’s already fragile condition. As noted on the website of attorneys from the Williams Kherkher Law Firm, a noted number of patients have pursued cases due to the dangerous effects caused by Xarelto. In particular, these patients were found to suffer adverse side effects such as gastrointestinal bleeding and brain hemorrhaging. In some cases, Xarelto was also found to increase the risk of epidural hematomas and strokes.

Natural Blood Thinners

Blood thinners, or anticoagulants, are a medical tool used to prevent blood clots from causing strokes and heart attacks. The blood thinners work by inhibiting blood platelets from clotting. While blood thinners are commonly prescribed, there are natural substances that are known to lower blood pressure and work to the same effect as anticoagulants.

Natural food blood thinners fall into four main categories: vitamin E, salicylates, natural antibiotics, and omega-3 fatty acids. Foods high in vitamin E help to promote healthy bodily responses. Spinach, kale, almonds, wheat, and vegetable oils are all high in vitamin E and work to thin the blood and encourage healthy blood flow.

Salicylates block vitamin K, a natural coagulant, and increase metabolism. This group of foods is often known as “warming spices” as they commonly raise the body temperature after consumed. This category includes cayenne pepper, curry, oranges, honey, and wine. Aspirin is the bestselling salicylate and used regularly by patients suffering from high blood pressure.

Many foods are natural antibiotics, helping to build immunity and boost health. Some of the most well-known of these include onions, garlic and olive oil. These foods not only help to treat other illnesses, but are linked to thinning blood after regular consumption.

Asian cuisine is known for the high amounts of omega-3 fatty acids it has. In moderation, these fatty acids can carry health benefits that lower cholesterol levels and decrease the likelihood of blood clots. Fish, canola oil, walnuts, and pumpkin seeds are all rich in omega-3s. Other natural ways of promoting a healthy cardiovascular system include drinking plenty of water, moderate amounts of alcohol, a consistent exercise routine and sunshine.

While there are several natural ways of avoiding the dangers of blood clots, many individuals still choose to take prescription medication. Xarelto is one such drug that is now found to cause serious bleeding incidents in its patients. While the benefits of a blood thinner may often outweigh the risks, defective medications like Xarelto pose a threat to the public in the frequency and severity of potential side effects.

If you or a loved one was prescribed Xarelto and experienced a bleeding incident, you may be entitled to compensation for your pain and suffering. Contact a lawyer in your state to discuss your legal options.

Can Abuse Exist in Nursing Homes?

Abuse can be difficult to spot, especially if you are not quite aware of the signs. All the more, it can be difficult to know what to do about it, if you are not aware of the rights you have against it. Sometimes, victims of abuse are not aware that there is proper legal action that can be taken and is well within their rights, in order to take them out of that abusive situation. More often than not, these cases are not filed due to the fact that the abused feel themselves helpless or afraid from their abusers.

Some of the most appalling cases of abuse happen in nursing homes, due to the fact that the victims are elderly people who are no longer able to care for themselves and only await to live the rest of their remaining lives in peace. Upon admission to a home, these elderly folk will have demonstrated difficulty with living by themselves, ergo require the aid of caretakers and such. Nursing homes are then required to uphold themselves in a certain standard of care, including enough well-trained staff on board at all times as well as a functioning facility with all the necessary medical equipment and medication. If this standard is not met or worse, violated, this can be grounds for Nursing Home Abuse.

According to the website of the attorneys of Abel Law, there are a few signs that should enable you to automatically see a few red flags with a particular nursing home that might suggest evidence of abusive care. Some of these signs include intentionally duplicitous staff or parts of the home that are closed off for reasons that are undisclosed; sometimes, the signs are more obvious – such as that of physical evidence upon the person such as cuts, lacerations, bruises, and the like.

You do not have to stand for this are there is legal action that can be done in order to seek justice against such an appalling act. If you or someone you know is currently in a similar, unfortunate situation, it is recommended for you to seek out expert professional help as soon as possible.

Paxil Withdrawal

One of the biggest controversies associated with Paxil (paroxetine) is the effects of its discontinuation. Paxil is a brand-name for one of the newer antidepressants that included the likes of Celexa (citalopram), Lexapro (escitalopram), Prozac (fluoxetine), and Zoloft (sertraline). These are of the class of psychoactive drugs and antidepressants known as selective serotonin reuptake inhibitors (SSRIs) and they act directly on the brain to bring about neurotransmitter (in that case, serotonin) balance. This is believed to help in stabilizing moods and increasing happiness.

The different types of SSRI have varying degrees of effectiveness as well as kind and severity of adverse side effects. SSRIs are recommended for short-term use only because they are considered habit-forming drugs with serious discontinuation symptoms. It was so common that term was actually coined for it: SSRI discontinuation syndrome.

As much as sexual dysfunction and nausea, developing withdrawal syndrome from the use of an SSRI is a risk patients are willing to take when balanced against the benefits of using the drug. The big problem with Paxil is that manufacturer GlaxoSmithKline (GSK) aggressively marketed as a non-addictive drug, even taking out television ads that assured physicians and people suffering from major depression that at last there was an effective antidepressant medication that was not habit-forming. That would have been wonderful; unfortunately, it was not true.

Paroxetine is as habit-forming as any of the compounds in its class, and GSK knew it. A government probe into Paxil turned up evidence that GSK systematically downplayed or outright concealed the results of studies that indicated the severity of adverse side effects of Paxil.

As a result of this cover up, lawsuits have been filed against GSK by patients who believed the drug makers claim and suffered severe withdrawal syndrome symptoms as a result. Despite a preponderance of evidence presented to them, GSK continues to deny causation for any of the side effects claimed by patients in lawsuits even as it shells out billions to pay criminal fines, civil penalties and claim settlements.

Product Liability Laws

Product liability laws in the United States have evolved through the years; not only are the manufacturers the ones who are required to warn their customers regarding possible choking hazards, in some case the sellers as well as the distributors are also expected to provide warnings of choking hazards. Most of these products should meet certain federal safety requirements, and when a child chokes on a toy or product that has not been properly labeled the parent has the right to sue in order to get compensation from the damages that the incident caused. And regardless of age, when the product has caused choking even when used as directed, then anyone has the right to file for a lawsuit.

Claims regarding choking hazards are a special category under product liability claims, usually filed by parents of children who have fallen victims to the products. Just about any parent knows and understands the dangers of potential choking hazards from toys and other toys, since we can’t really monitor the child all the time we can’t check what they put in their mouths during playtime. Although accidents do happen, incidents such as choking can be prevented, especially if there are warnings of the potential danger of the products. According to the website of the law firm of Jessica Rutzick & Associates in Wyoming, when the cause of the choking injury is due to negligence on the part of the manufacturers, seller or distributor, then there is a chance for compensation through a personal injury or product liability claim.

According to the United States’ Consumer Products Safety Commission, through the Consumer Product Safety Act of 2008 together with the Federal Hazardous Substances Acts, there are specific and detailed regulations on toys (or other products) that are meant for children under the age of three, and more general warnings for older consumers. These regulations are determined by on a national level through categories depending on the required warnings of the products’ choking hazard, and are applicable to manufacturers, retailers, and suppliers that are selling either online or the “brick and mortar” businesses.

Using a product is a way that it was intended to be used but resulted to you or your child choking on it and ends in injuries, the legal actions can be taken. Although most people are familiar with choking by ingesting a product, there are instances where articles of clothing, drawstrings, household items, and other products that had caused choking incidents. Even when the choking incident did not involved ingestion, as long as there is restriction of air and the danger of death, then a personal injury or product liability claim is possible.

If you or a loved one has been a victim of product liability, an experienced personal injury lawyer will be able to guide you through the process of getting justly compensated for your injuries. Although it’s ideal that there be no injuries, a personal injury lawyer will be able to help you get the results that you want.

Unregulated and Unlicensed Marijuana-related Activities Still a Federal Law Violation

Committing a drug-related crime, such as distribution, selling, manufacturing and possession (in whatever amount) of illegal drugs and drug paraphernalia, is a violation of the federal law and, therefore, a serious matter. One kind of illegal drug banned in the US, which also happens to be the most widely used, is methamphetamine or marijuana. Banning of this substance began in 1970 from a mandate issued by the federal law, called the Controlled Substances Act (CSA).

Despite the fact that legal possession and distribution of medical marijuana is done in DC as well as in 18 more states, including Arizona, Alaska, Rhode Island, Vermont, Delaware, California, Colorado, Connecticut, Massachusetts, Michigan, Montana, New Mexico, Nevada, New Jersey, Oregon, Washington, Hawaii and Maine, CSA still classifies marijuana as a Schedule I drug (like heroin, lysergic acid diethylamide and mescaline), meaning a type of drug that has no legal medical use.

Marijuana contains the chemical delta-9-tetrahydrocannabinol (THC), its main psychoactive ingredient. It is also known under many different street names, some of which are cannabis, reefer, gangster, kif, skunk, weed, ganja, boom pot and grass. In some states, possession and recreational use of the drug have been decriminalized; this decriminalization, however, will not excuse anyone, especially minors or those under 21 years old, from being convicted if caught violating the stipulations of the federal law (federal law has precedence over state laws as stipulated in the Supremacy Clause of the U.S. Constitution, Article IV, Section 2).

With regard to the Washington Initiative 502 (I-502), it is true that Americans, during the November 6, 2012, general elections, casted a unanimous “yes” vote that will allow cultivation, distribution manufacture, possession (of small amounts of the drug and other products related to it) and wholesale or retail selling (depending on their type of license) of marijuana by licensed individuals at least 21 years old. Every citizen in the US should understand, however, that these activities are allowed only if regulated and done with a license; thus, if unlicensed and unregulated, more so marijuana possession in large amounts by individuals below 21 years old, these activities remain illegal.

The complexity of the law regarding drug crimes often makes marijuana possession defense a hard battle to fight. For those charged with the crime, having a really good, top caliber lawyer, who knows the law to the letter and is experienced in defense tactics, is an absolute necessity.

Not all lawyers are equally good, though. Some are simply more determined, making them much more competent than many others. These are the kinds of lawyers called for when the crime you are charged with is gravely serious. Thus make sure that you choose your defense lawyer with utmost care.