The Center for Legal Support

California Child Support Laws, Golden State

2009-01-30T03:03:00.000-08:00

Author: Holcy Thompson

California Child Support Laws Both parents have a legal duty to provide financial support for their children. In California, as in most other states, the court may order either or both parents to make regular child support payments that cover a child's living and medical expenses. California's child support agency is administered through the Department of Child Support Services. This agency can help both custodial and non-custodial parents with a number of child support related services such as establishing paternity, locating a non-custodial parent, establishing, enforcing, and modifying child support orders, and collecting and distributing child support payments.

Establishing Paternity for California child support laws Your child's paternity must be established before child support can be ordered. Establishing legal paternity gives your child many rights, including child support, access to medical records, government benefits and more. There are several methods you can use to establish the paternity of your child. The simplest method for establishing paternity is to complete a Paternity Opportunity Program Declaration. This form must be filled out and signed by both parents to establish paternity without going to court. If necessary, California's child support agency can assist you in establishing the paternity of your child by helping you get free or low-cost genetic testing when the child's father is in question. If the child's father lives in another state, California's child support agency can work with the other state's agencies to obtain genetic testing, establish a child support order and enforce child support payments.

Paying California child support laws Once a child support order has been established, the non-custodial parent will generally be required to continue making payments until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent's obligation to pay support continues until the child becomes eighteen years of age. Under certain circumstances (if the child is unmarried and attending high school full time), the current support obligation may continue until the child is nineteen.

Modifying California child support laws In order to modify a child support order, you must contact your local child support agency to request a modification of the child support order and then cooperate in the review process by providing the requested financial and visitation information.

You can also request the modification of a child support order by filing a motion directly with the court. Contact the Family Law Facilitator's office in your county of residence for help in filing the motion. See below for a complete list of Family Law Facilitators.

For more information on California child support laws, click the link below.

http://www.child-support-laws-state-by-state.com

http://www.child-support-laws-state-by-state.com/california-child -support-laws.html

About the author: None

How does child custody in Canada work?

2009-01-29T03:03:00.000-08:00

Author: Jonathan Brown

In the confusion of divorce, most parents never consider the issue of child custody beforehand. Often communication between the spouses has broken down and both parents presume their assumptions about child custody to be accepted by the other parent. Often this is not the case. As a result, many divorcing parents find themselves confused and surprised by the prospect of child custody issues in divorce. The greatest misconception is that the primary caretaker is the presumed de-facto custodial parent. So, most parents who take the lead role in providing for the child in marriage simply assume that the law will recognize this role by giving him or her primary custody after divorce. Historical care, however, does not automatically guarantee child custody. If you have filed for a divorce and your ex has gone ahead and obtained a legal order to take custody of your child - the child can be legally taken away from you despite any caretaking role you may have had in your child's life. As a result, unprepared divorcing parents often find themselves in a position in which they don't have the legal right to make any important decisions regarding their child - on issues such as education, religion and medical treatment. Courts Decide Custody According to Canadian law, until courts decide otherwise, both parents have equal rights of custody to any and all children. Cutting through the legalese, what that means is: get the courts to grant you custody - only then you are safe against any counter motions by your spouse. In order to navigate the courts, however, you need to educate yourself about Canadian custody battles to ensure that you, and not your ex, manage to convince the courts to give custody of your child to you. A Child's Best Interest In Canada, as in many other countries, courts focus on only one issue in child custody cases: they decide what in their view would be in the child's best interests and grant custody accordingly. This is a somewhat vague standard as you may imagine, and as a consequence it will serve you well to understand the underlying factors which will influence a court in reaching a decision regarding the best interest of a child. -each parent's ability to provide for the child's needs both financially and emotionally, -the relationship each parent has with the child, -your child's wishes, if he or she is of an age of maturity to convey to the court their wishes, -if you have more than one child, the court normally prefers to keep them together, -the court will try to minimize the disruption of the child's life (the status quo), -who the primary caregiver of the child was during the marriage, -time available to spend with the children (working hours, out of town trips), -one parent's interference with the other parent's relationship with the children, -any special needs of the child. Common Presumptions of the Courts The portrait painted above indicates that there are a great many factors which a court will use to determine the best interest of a child. That said, however, there are three cardinal rules that generally prevail for most courts: 1) Stay at home mother: A devoted stay at home mom, almost always gains custody of the child over a working husband. This presumption is based upon the fact that, especially for young children, the court likes to place children in an environment where the parent is certain to be around often. 2) Established status quo: If either party has, for all practical purposes, already taken control of the child after separation but before any official declaration by the courts, the judge will typically interpret the current living arrangement as the default arrangement and all things being equal will uphold it. 3) Primary caregiver: If you can establish that you have been the primary care giver for a child then the law will typically presume that you are best situated to care for the child in the future and as a result grant you custody.

About the author: Jonathan Brown recommends that you visit http://www.ottawadivorce.com for more information on child custody in Canada .

19 Steps To Building A Nationwide Law Practice Part 1

2009-01-28T03:03:00.000-08:00

Author: Trey Ryder

We're seeing substantial changes in attorney marketing programs. Thanks to sophisticated law firm marketing efforts, many lawyers are now expanding their practices beyond state boundaries, building regional or national practices. In some cases, they provide narrowly focused services; in others, they offer broad-based skills with the hopes of attracting a handful of the best cases in the country.

I urge attorneys to go beyond their state boundaries, for four reasons:

Reason #1: You have more opportunities to attract the types of cases you want. When you draw clients from 50 states, you have a much greater selection than when you limit your field to your home state. If every state has three really good cases, you can compete for the three in your own state -- or you can compete for your share of 150 from across the U.S.

Reason #2: You have many more opportunities for media publicity. Gaining publicity outside your state is often easier than getting attention in your own state. This is because nearly every business wants to be featured in your local newspapers. But when you pursue articles in regional and national publications, you often find yourself competing with fewer businesses and fewer lawyers. Most businesses and lawyers get customers from within a few-mile radius, so they don't need attention beyond their local boundaries. Plus, businesses often assume that gaining national publicity would be much harder than gaining local attention. But, in fact, when you go beyond your state's boundaries, you have access to hundreds of additional publications at the state, regional and national levels, all of which could be suitable targets for your publicity effort.

Reason #3: The mystery of distance@ results in your being perceived as the authority in your field because you're from out of town. You have probably heard of this marketing principle, but you may not have used it as part of your marketing strategy. The mystery of distance says: The farther you go to get a product or service, the better and more valuable it is.

Here's an example: You can buy a pair of binoculars at your local sporting goods store. Or you can buy them online from a company in Switzerland. Which pair is better? Obviously, the binoculars from Switzerland.

There's no logical reason to believe that something that comes from far away is better than something that comes from down the street. Still, subconsciously, we think it is.

Reason #4: You can live wherever you want. Many lawyers don't need to see their clients often. Some never see them at all. If you can service clients by phone, fax, mail and e-mail, then you don't need to work with them in person. And if you go to trial in their state -- or if you need to meet with them -- you can always travel. Technology has changed how we market and deliver services.

Here are 19 attorney marketing steps to building a respected regional or national practice.

Step #1: Identify the niche you want to fill and the services you want to market. When clients hear your name, you want them to associate you with a specific type of legal services. For example, John Wilbanks is a personal injury attorney. Karen Ambrose is a tax lawyer. Mark O'Connor is a corporate lawyer. Consider whether any lawyer in your market area immediately springs to mind when you mention your area of law. If so, that lawyer owns a very strong position. If no lawyer comes to mind, an effective marketing program will help you build the perception that you are the leader in that practice area.

Step #2: Identify the type of clients you want to attract. You must know where to aim if you expect to hit your target. List the types of people or companies you want to attract that are ready, willing and able to hire your services. Identify your prospective clients by who they are and what they have. For individuals, consider things such as gender, age, marital and family status, education, occupation, income and home ownership. For companies, consider things such as industry, gross sales, number of employees, level of risk or whatever makes a client attractive to you.

Step #3: Identify how you and your services differ from those of your competitors. Positive differences are your competitive advantages. Negative differences are your competitive disadvantages. Identify both so you'll know your strengths and weaknesses. Evaluate your qualifications, background and experience. Evaluate how you serve clients. Evaluate the environment in which you serve clients. Look at your strengths and weaknesses from your prospects' point of view because prospects evaluate you based on what is important to them. Every time you talk with prospects, make sure you emphasize your competitive advantages so prospects appreciate how you differ from other lawyers.

Step #4: Identify ways you can add value to your services so prospects eagerly choose you over all other lawyers. What can you add to your services to make them more attractive than they are now -- and more attractive than services offered by your competitors? If you were in your prospect's shoes, what could your lawyer provide that would cause you to choose him or her over every other attorney? Review how you currently provide legal services. Then ask yourself how you could provide services more efficiently, more effectively, more completely, or faster -- with your client benefiting from less risk and more value. Then, in addition to what you listed in step 3, the ways you add value to your services now become more competitive advantages.

Step #5: Compile and keep on computer a comprehensive mailing list. Your most important business asset is your mailing list. It's your own personal area of influence. It should include your current clients, past clients, referral sources and prospects. Whether your list contains 20 names -- or 2,000 names -- these people are the core around which you build a prosperous firm. As you attract an ongoing flow of new inquiries, keep all of your prospects' names and addresses on your mailing list. The critical element in your marketing program is your ability to add new names of prospective clients to your mailing list. You want to attract names at whatever rate will bring you the number of new clients you want. How long you leave names on your mailing list will depend on how long your prospects need to make their decision and at what point the list becomes unmanageable.

Step #6: Make sure prospects and clients can reach you easily and without hassle. As distance increases, prospects often grow concerned about their ability to contact you. To reassure them, explain the many ways you invite contact from clients, like these: Toll-free direct line, cell phone, pager, fax, e-mail, mail, courier, as well as intake and contact forms on your web site.

Step #7: Compile your information and advice into your own unique educational message, built on this proven five-part framework:

Part #1: Identify and explain your prospect's problem. People won't pay for a solution until they understand their problem. The bigger the problem -- and the greater the risk of allowing it to persist - the more they will pay to solve it.

Part #2: Prove the problem exists. Prospects know you earn your living from solving problems. Skeptical prospects may think you are overstating the depth of the problem. You can overcome this sometimes-hidden suspicion by taking time to prove the problem exists and to prove that it is serious enough to warrant your client hiring your services to solve it.

Part #3: Identify and explain one or more solutions. Prospects want a clear understanding of what you recommend to solve their problem.

Part #4: Prove the solution works. Prospects may be skeptical as to whether your recommended solution will actually do what you claim. You can expect an even higher level of skepticism if the solution you recommend is perceived by your prospects to be expensive.

Part #5: Build yourself into the solution. You don't want prospects to agree they have a problem but then hire another lawyer to solve it. You must do everything possible to make sure that your prospects conclude you are best equipped to provide the solution.

Your marketing message is the same as your educational message. You build your message on a foundation of information that explains your prospect's problem and the solutions you can provide. Then you support your message with proof documents that further add credibility to everything you say. Proof documents include your photo and biography, article reprints, schedule of services and fees, and references. Testimonials help a great deal, but some jurisdictions do not allow their use. Check your rules of professional conduct before using testimonials.

In this way, you create a powerful, competent message. And the result is that your message is much more compelling and credible than messages used by other lawyers.

About the author: TREY RYDER LLC Education-Based Marketing for Lawyers. Lawyer Marketing Advisor http://www.TreyRyder.com Trey Ryder is the Lawyer Marketing Department Sponsor For Jersey Justice. http://www.JerseyJustice.com Source: http://www.isnare.com

19 Steps To Building A Nationwide Law Practice Part 2

2009-01-27T03:03:00.000-08:00

Author: Trey Ryder

Step #8: Educate your audience with written information and advice. Write your marketing message in a form that you can send to anyone who calls your office. Then, by offering to send copies without charge, you attract calls from genuine prospects. When prospects call, they give you their names and addresses (or e-mail addresses). Then you add these prospective clients to your in-house mailing list.

Important Note: The longer your materials, the better. The longer you keep your prospect's attention -- and the more facts you provide -- the more likely your prospect is to hire your services. Fortunately, prospects will read long materials, provided they are well written and relevant to their problem. The fact kit I used for 15 years varied from 40 to 50 pages in length. And many lawyers (my prospective clients) told me they read every word. I have now included all this information on my web site and in the article packet I send by e-mail, so I no longer use a printed fact kit.

Step #9: Define the geographical area from which you want to draw clients. Geographics identify individual prospects by where they live, where they work, and where you can find the prospective clients you want. Geographics identify companies by where they are based, where they have facilities and where they do business.

Step #10: Compile a media list of newspapers, magazines, newsletters and other media you want to receive your news releases and query letters. Your articles will appear in national, regional and local publications in all the states where you hope to serve clients. You can usually find current media lists online and at the library reference desk.

Step #11: Launch an aggressive publicity campaign by sending news releases, feature articles and query letters to your entire media list. If you send articles 4 or 5 times each year, you could have an ongoing flow of articles appearing in various parts of the country.

Step #12: Contact high-profile publications and interview shows on an individual and exclusive basis to gain the highest level of nationwide publicity. Offer to write ongoing columns for publications, and appear as a periodic guest on interview shows. You might offer to host your own legal, news-talk or interview show.

Step #13: Compile a list of trade associations that serve the prospects you want to attract. Keep these trade groups on your mailing list. Offer to present seminars that are sponsored or co-sponsored by these trade associations, in hopes that they will mail seminar invitations to all of their members.

Step #14: Compile a list of referral sources in the states you serve. Send them your packet of information so they understand what you do. Invite their referrals and offer referral fees, if appropriate. Keep these referral sources on your mailing list.

Step #15: Compile a list of past clients. Send them a letter announcing your regional or national practice and a copy of your information packet. Most people have friends and colleagues in other states. Keep these past clients on your mailing list.

Step #16: In all of your marketing materials, make sure you tell prospects the geographical area from which you accept clients. You might say something like: ""Serving clients in the United States and Canada"". Or, ""I welcome inquiries from clients in (name the states)."" If you don't mention the area you serve, prospects could easily conclude that you limit your services to your city or county. So be sure to tell prospects where you practice and put this information throughout your marketing materials.

Step #17: Establish a web site. The easiest way to reach prospects in different states is to establish an Internet site. This puts your materials at everyone's fingertips 24 hours a day, whenever they want it. The more information you provide, the more likely you are to win a new client. So be generous with the information you post.

Step #18: Market your seminars and speaking engagements nationwide. Make sure everyone on your mailing list knows you offer seminars. While they might not be the contact person, they can make your seminar known to the right people, who may get in touch with you. This is the most common way I receive invitations to speak to lawyers. Also, thanks to technology, now you can offer seminars over the telephone, by video conferencing, and over the internet.

Step #19: If you can collect e-mail addresses from people on your mailing list, send an e-mail alert or briefing every week or two. The more often you stay in touch with everyone your mailing list (prospects, clients, past clients and referral sources), the more new clients you'll attract.

After your law firm marketing efforts take root, and your publicity starts to appear, you'll get inquiries from prospective clients. Trade and professional associations will invite you to speak. And, one by one, you'll start getting clients from throughout the geographical area you wish to serve. Soon, you'll have a profitable, prestigious nationwide law practice, thanks to the energy you've invested in attorney marketing.

Fraud - Identity Theft And Fraud

2009-01-26T03:03:00.000-08:00

Author: Michael Russell

Identity theft and fraud is when someone illegally obtains someone else's personal information such as social security number and possibly credit card information for the purposes of some sort of economic gain.

Besides social security number and credit card info, other personal pieces of information that a someone might steal to commit identity fraud are your bank account number and telephone calling card number. The stealing of this information leads to a number of crimes such as illegally transferring funds from your bank account, using your telephone card to make phone calls and the worst case scenario, using your credit card number to run up large debts on your account. This is the most common type of identity fraud. Some people even go as far as committing crimes using a person's personal identification such as stolen car and drivers license. Then when the police go knocking on a door it's your door they end up knocking on. Sometimes the damage done is so extensive that the person's credit rating is destroyed and in many cases the person's life is in ruins.

So what does one do to prevent against identity theft? Actually there are a number of precautions you can take that, while they don't guarantee it won't happen to you, can greatly decrease the chances of you being a victim of identity fraud.

For starters, be very stingy about giving out your personal information to anyone, especially if they are asking for it for something that seems like it may be a scam, like if somebody tells you that they've got a sure fire way for you to make $10,000 real fast and all you have to do is give them your credit card number. This should be a warning sign that should light up the sky for you. Don't ever fall for these scams.

If someone calls you at home and says they are from your bank and need some information from you, this is most likely an attempt to get your personal info as the bank should have everything it needs on file already.

If someone calls you on the phone and says you are eligible to win some terrific prize and to qualify for it all you need to do is give them your credit card number, again, this is most likely a scam as there is no reason for you to have to give out that information if you have truly won a prize. Never fall for this one.

If you're traveling, only take what you absolutely must have with you. It's best to get travelers checks instead of carrying around a credit card. Travelers checks are insured and you won't end up running up a big debt from a lost or stolen credit card. Also, the less ID you carry with you the less chance that it can be gotten from you unless someone cracks open your head and drains the info from you.

The bottom line is to just be careful with who you trust and what you trust them with. By doing this you stand the best chance of avoiding being the victim of identity fraud.

About the author: Michael Russell

Your Independent guide to Fraud

Help! I'm in the UK and I need divorce advice

2009-01-25T03:03:00.000-08:00

Author: Jonathan Brown

Divorce is always painful, especially if it comes after bitter courtroom battles. But you can avoid a lot of pain by hiring the right divorce solicitor. This may not be easy. There are many legal offices and many solicitors. Finding the right one, therefore, requires time and effort. Here is a step-by-step guide.

Make a shortlist

First, shortlist solicitors who specialise in divorce and family law. Ask friends and relatives for their recommendations. Next, get in touch with professional associations such as the Resolution (formerly Solicitor's Family Law Association) and the Children Panel (if you have children) and ask for a list of their members. You can also pick from the solicitors listed in the Community Legal Service of the Citizens Advice Bureau database. Finally, and as a last resort, you may also scan the Yellow Pages.

Discuss, check, identify the best

Now zero in on one solicitor who you think would be just right for you. Visit or call the solicitors on your shortlist, take appointments with each and discuss with each the details of your case. Ask questions and try to assess who appears to be the most knowledgeable, competent and trustworthy. Usually, your initial discussions with the solicitors will be free of charge. So, make good use of them. .

Look at track record

If you think in your case the divorce part would be easy but disputes may arise regarding child custody, go for a solicitor who has won difficult child custody cases in the past. Similarly, if you think proving adultery or infidelity would be critical in your case, pick a solicitor who has a successful track record in similar cases.

Know about all services

Through your interviews try to find out the entire range of services provided by each solicitor. Often a divorce case may affect businesses and trusts. In that case pick a solicitor who can provide mediation and related services. If there is something unique about your divorce, look for a solicitor with a family law specialization.

To verify this, check for affiliations - whether the solicitor is a member of the SLFA Specialist Accreditation Scheme or of the Law Society's Family Law Panel, an organisation whose members have a verified deep knowledge of family law.

Check out fees and costs

Always make it a point to fully understand the fee structure of the person or firm you are hiring. Larger firms have prepared brochures listing their services, payment terms and appropriate charges. Read these thoroughly and ask questions to clarify all doubts. Be frank about your budget and your needs. Don't lose simply because you ended up being in a situation where you were unable to bear the costs of litigation any more.

Go with your gut feeling

While there are no fixed rules to determine who would be the best solicitor for you, often a surprisingly good indicator is to go by gut feeling. If you can trust somebody and are confident of his/her abilities, go ahead and hire him or her. But if in meeting the individual you find yourself questioning their abilities, move on. Family law is a bar primarily focused on negotiation and personal relations, so if you do not like the individual, chances are they will not perform up to par.

Selecting an excellent solicitor will mean not only that will you not have to worry about falling into a legal trap, but further, it will give you confidence and knowledge as to how your case will play out.

About the author: Jonathan Brown recommends that you visit http://www.sfla.co.uk/ for more information on divorce advice UK .

Getting a Fast Separation In Maine

2009-01-24T03:02:00.000-08:00

Author: Jean Mahserjian

Clients sometimes ask whether a Maine ""Fast Separation"" is possible. Yes it is - whenever both parties will amicably work on the process. A Maine ""Fast Separation"" will not be possible if either party works to hold the process up. Like other states, Maine sets forth mandatory rules that have to be abided by before you will be awarded a Separation. There is no avoiding this. Individuals have asked, in what way might one of the parties delay a Maine ""Fast Separation""? By choosing to dispute issues that need to be agreed upon or consented to, including divorce grounds, or by choosing to litigate issues such as (a) how each asset is to be divided, (b) how to decide custody as well as the custody schedule, and also (c) how much spousal support and child support will be paid under the statutes.

Each of the issues that have to be dealt with prior to finalizing a Maine separation could become the source of argument. And thus, if someone proposes to preclude and stop a ""Fast Separation"", that is possible.

Nonetheless, all of the necessary family law matters can also be determined amicably. If each of the parties want to enter into a Maine ""Fast Separation"", they should be in agreement regarding all of the outstanding matters. And so the first topic that you need to decide is if each spouse is willing to amicably agree upon the issues necessary in order to get a Maine ""Fast Separation"".

Once you both have agreed that you will work out a Maine ""Fast Separation"", you are going to need to determine how you can get all of the papers finished and file. One easy way to complete that is to retain one lawyer to represent both parties and to fill out the papers. Some people do not want to hire just one attorney and prefer to have independent advise from their own attorney. However, it is very common to retain two lawyers and ask one of them to finish all of the Maine separation papers, and ask the other attorney review and approve the documents.

Another way for you to get a Maine ""Fast Separation"" would be to find one of the many available online divorce and separation services to prepare the necessary documents. You can locate an online divorce and separation service that is available that will fill out all of the papers necessary for you to obtain your Maine ""Fast Separation"". With any such separation service, you and your spouse will be sure that the you are receiving separation documents that are applicable to the state of Maine.

If it so happens that the two of you decide to use an online divorce and separation service for your Maine ""Fast Separation"", you basically have three types of services to choose from. One type of online divorce and separation service will simply mail or email all of the required legal paperwork for a Maine separation to you. This legal paperwork will be accompanied by very detailed instructions on how to complete them with the proper information on how to file the papers with the proper authorities, but you or your spouse will need to do this on your own. Another type of service is an online divorce and separation ""complete form preparation"" service provider. This type of service provider asks that you and your spouse fill out a questionnaire regarding your situation. Then, that online divorce and separation service would fill out the required legal paperwork for you and forward them to you with instructions on how you must submit them to the courts.

A third type of online divorce and separation service is a ""full"" service provider which is usually provided by attorneys. This category of online divorce and separation service requires that you and your spouse prepare questionnaires to allow for the preparation of the necessary forms, then this service continues by getting the signatures from both parties on the completed paperwork, and then actually file those forms for you. This form of separation service almost always is a bit more pricy than the other type because you must remit all of the necessary filing fees to this service so they can file your separation papers. When using the other types of online divorce and separation services that the parties can hire for your separation, you or your spouse will have to remit the filing fees required by the state of Maine on your own.

About the author: Divorce Attorney Jean Mahserjian makes it easier to make it through your divorce by providing you with the essential information you need to understand the divorce process. To download excerpts from her books, visit: Divorce Help

San Diego Bankruptcy Lawyers - Chapter 13 Bankruptcy Information

2009-01-23T03:02:00.000-08:00

Author: T.Going

Chapter 13 Bankruptcy

Chapter 13 bankruptcy allows individuals to restructure their debt, finances and assets in a fashionable manner in order to compensate their creditors, and pay off their debts. The individual will propose to pay the creditors over a period of time (usually 3-5 years). During this period of time the creditors can't collect on any previously incurred debt without the permission of the bankruptcy court. The individual is then able to keep their property and the creditors will end up with less money than they are owed.

Chapter 13 has a few advantages over Chapter 7. One of the most immediate advantages is the ability to stop foreclosure. In addition you can sometimes prevent collection against co-signers during the life of the case.

One of the major disadvantages of Chapter 13 bankruptcy is that the record stays on the individual's credit report for ten years. In order to achieve a new line of credit the individual must first get permission from the Chapter 13 Trustee. It also presents the problem where creditors might not want to loan money to an individual of this nature.

Legal consultation is often necessary in order to effectively oversee your Chapter 13 bankruptcy case. Professional bankruptcy attorneys can provide you with the experience and dedication required to take complete advantage of the situation and make sure you are not over-paying your creditors.

To learn more about San Diego bankruptcy lawyers and hiring a bankruptcy attorney please visit our website at http://www.thebklawyers.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

About the author: None

Selling a Structured Settlement

2009-01-22T03:03:00.000-08:00

Author: David Springer

With the countless web sites, advertisements, legal jargon and complex issues surrounding structured settlements, it is easy to become overwhelmed and frustrated when you are simply searching for answers and straightforward information. Whether you've received a structured settlement already, or if you are just trying to better understand them, you've come to the right place for sifting through the messy details.

What is a structured settlement?

A structured settlement is a series of guaranteed payments (annuities) made over a certain period of time and is usually the result of an injury settlement or another situation in which you are awarded access to a substantial amount of money. It is the alternative to accepting an upfront lump sum.

Structured settlements are individualized plans meant to help you cover present and future expenses. Working closely with an experienced attorney can help you to determine an effective structured settlement to give you the security of a fixed income over a set period of time.

Example - how it might work: Melissa is injured in a serious car accident and is now unable to work for the next year. As a single parent, she has two young children to care for, not to mention her mounting medical expenses. She knows that she has to pay $25,000 in medical bills at the present time, and she knows that she will need surgery in a few months that will cost an additional $20,000. Her structured settlement can be set up to give her a lump sum to pay the present medical expenses right now, and be structured to give her an additional lump sum at the time of her surgery. It can also give her additional monthly payments equal to her salary for the year that she is unable to work, including an additional monthly payment to hire someone to help her care for her children while she is recovering from her injuries and medical procedures. Once Melissa goes back to work, monthly payments might cease or be reduced.

Types of Structured Settlements

- Designated Period / Period Certain Annuities: Annuities with a designated period of time for the payments to be paid out. They can be made monthly, quarterly, semi-annually, annually, etc. Upon your death, all remaining payments are made to you beneficiary.

- Life Annuity: Periodic payments for a guaranteed number of years (based on your life expectancy) or for life, whichever is up first. Again, the beneficiary receives any remaining payments should you die before the full amount is paid.

- Temporary Life Annuity: Pay you for a designated number of years if you are still living, so your annuity ends when you die. There's no provision for a beneficiary to collect remaining payments.

- Life Contingent Lump Sum: You'll receive a lump sum, provided you are alive on the due date. If you die before this date, your beneficiary is not entitled to the amount.

- Lump sum: You can set it up to receive the lump sum on a particular date, say, fifteen years from now. Your beneficiary will receive the lump sum on the future date if you have died before then.

The Details

Though structured settlements contain a great degree of flexibility during the decision-making process (how much money do I need now, how much money will I need in the future, what are my present needs?), once you agree to the terms and sign the agreement, you can NOT alter the provisions. It is highly recommended that you have an attorney and trusted broker help you to determine the best payment methods for your situation. You might want to ask the broker to come up with several different scenarios and payment schedules so you can get a comprehensive look at your options.

So, even if your situation changes down the road, your payments will not. That's why it is extremely important to be thorough and careful when creating your payment schedule.

Inadequate Payments

Unfortunately, life has a way of throwing off our well-thought-out and well-intentioned plans. Even if you've done all your homework, shopped around for the best broker, interviewed many attorneys and carefully planned an effective payment schedule, you may still incur a large unexpected expense.

Should this kind of situation arise, and you are strapped for cash, you would love to be able to make some adjustments to your settlement plan. Of course, this is prohibited. But you do have another option. You might consider selling a portion or all of your remaining structured settlement payments to an interested third party.

Deciding to sell

Before you decide to sell, think about what you want/need the money for. An immediate medical expense, buying a home or the decision to go back to school are usually considered good reasons. Examine your needs and the needs of your family as well. Perhaps you want a new home. Do you have children approaching college age? If so, you'll not only incur significant tuition expenses, you'll also have less of a need for a larger home.

Selling your payments will result in a loss from the full amount. Consider whether or not it is important for you to sacrifice the security and future total amount before you make a decision. You will have to understand the implications, benefits and pitfalls so you can feel comfortable making an informed decision.

Will I get the full amount that I would receive over a period of time?

No. The amount you would receive over a period of time is calculated by adding interest to the principal amount. Instead, you may receive the present-day value of the amount. This present-day value may have to be further discounted to cover the costs to do the deal. The rest will be sent to you in one lump sum. You might want to shop around to find out where you can get the best deal.

Court Order

To ensure that you will not be taken advantage of in this delicate process, the government introduced a new federal law in 2002 that requires you to seek court approval when you sell your structured settlement. This law works in conjunction with state laws to direct how the transaction will be completed.

Not only does this law protect you, the seller, it also helps the insurance companies who fear that they will face tax consequences as a result of the sale. The law states very clearly that annuity owners and providers do not and will not owe taxes as a result of this transaction. This breaks down the barrier that you might normally face from a reluctant insurance company.

Selling Options

You do not have to sell the entire remaining amount, or any particular amount, if you so wish. Here are your selling options:

- Full amount: The purchaser calculates the present-day value of the payments and offers a lump sum

- Part of the payments: Only a specific number of the future payments are sold at their present-day value

- Percentages: You may sell a percentage of each payment and keep the remaining balance for yourself

Pitfalls of Selling

Shady brokers. Selling your payments will require you to contact a broker who can help take care of the proceedings. This means that you might run into some game-playing and/or manipulation tactics if you happen to be dealing with a shady broker. They may promise you a high quote, only to come back and say that they can't do the deal as is unless they get more money from you. Other brokers may claim to be ""qualified"" when they have only completed a week-long course. Make sure you're dealing with a broker who has a couple of years experience in structured settlements and is a member of the Better Business Bureau.

It takes time. Though the federal law requiring court oversight in these proceedings helps protect you, it also delays you from receiving the money as soon as you might have hoped. If you need the money right away, this could frustrate you and hinder your plans for prompt payment. Normally once you decide to sell your payments the process can take as little as 4 weeks and as long as 12 weeks to obtain the court order and for you to receive your lump sum.

You end up losing money. As mentioned earlier, you will not receive the total amount you'd receive over time if you opt for selling your payments. Therefore you lose some money and the security of future payments.

Benefits of Selling

The main benefit of selling your structured settlement payments is, obviously, that you will receive a lump sum of cash for which you can utilize in any way you choose. This gives you increased flexibility in using your money, and can provide peace of mind if you have an immediate expense that couldn't be paid any other way.

About the author: David Springer is a consultant for Sovereign Funding Group an experienced, reputable company that offers convenient, no-risk services to help you with the selling of your deferred payments, including those from structured settlements .

Spinal Cord Injury can put your Life at Risk

2009-01-21T03:03:00.000-08:00

Author: Karen Nodalo

There had been 200,000 people suffering from spinal cord injuries in the United States. Cases of spinal cord injury resulted mostly from car accidents. Other causes include falls, acts of violence and sports. If a victim experienced a spinal cord injury, he might be faced with many trials that include expensive treatments, damages, medications and even the inability to work for a lifetime. If you are the head of the family and you have children, you can be deprived from your work.

Sometimes those who have experienced accidents do not take their injuries seriously with because they think that it is just a minor problem. But sooner or later, the effects may take place and they can never prove it is the result from the accident that they have met before. In order to give impact and proof to your claim, you need to report the accident immediately. Ask a doctor to give you a certificate that the accident has caused grievous injuries that resulted to a spinal cord injury.

Our spinal cord consist of several bundles of nerves which comes from the base of our brain up to our back. Our spinal cord is surrounded by backbones which are very delicate ones. If the backbone is broken, the spinal cord will be open for damages too.

If a person's spinal cord has been severely injured, there will be no chance of curing it. The treatments and medications will only help the patients relieve the pain and suffering that they are experiencing. However, it will not mean a lifetime of relieving the pain without receiving any compensation so it would be best if you report accidents immediately so that it can be given action and proofs that are sufficient.

If you have been a victim of spinal cord injury, you should not hesitate to consult a lawyer for professional help. You should talk to a specialized attorney so that things will be handled accordingly and you will not have to wait for a long time for actions to take place. If you cannot have your good health back, it would mean useless and you will feel like having no life at all. At least all you can do is get everything you deserve in order to make your life purposeful.

For more related articles, you may visit http://www.mesrianilaw.com

About the author: Karen Nodalo has graduated from the Bicol University specializing in Computer Science, she graduated with flying honors being one of the top notch students of the graduating class. She has been into writing for almost 5 years now, and has been into different topics. She has also been into student publications since her elementary years, giving her the much coveted exposure that writers of her kind battles for.

Top Tricks Dealers Use To Keep You From Getting Rid Of Your Lemon

2009-01-20T03:04:00.000-08:00

Author: Scott Hallman

Taking back your ""LEMON"" or compensating you for your inconvenience is the Legal obligation of the car company. Unfortunately, this costs them money and many will go to great lengths to keep you from taking advantage of your rights under the Lemon Laws.

Here are five (5) common ""tricks"" car companies use to avoid their Legal obligations to consumers:

* Dealer Trick #1 - Saying you do not have the right number of repair attempts.

The Law is very specific in regards to this matter. But dealers commonly mis-code the reason for the visit so it ""appears"" that you have not been there for the same reason.

* Dealer Trick #2 - Saying the defect never existed or it's not the same defect.

This is one of our favorites - the old ""Loophole."" A bit insulting isn't it - as if you were imagining the car breaking down on Interstate 70.

* Dealer Trick #3 - Saying the defect is not ""Substantial.""

The fact is that the defect does not need to be substantial under the Federal Lemon Law. The defect must substantially impair the use, value or safety under the State Lemon Law only. And you do not want the dealer determining if it was ""substantial"" anyway!

* Dealer Trick #4 - Saying the consumer abused or neglected the vehicle.

This is the quick ""responsibility shift""- your fault not ours. This is typically a bunch of baloney. For example, if the vehicle is advertised as an off road vehicle, it can be taken off road. If you have kept reasonable service records this ""trick"" is easily dealt with.

* Dealer Trick #5 - Saying ""That's Normal"" or ""They All Do That.""

Today's vehicles should be reliable and operate as advertised. Settling for defects you ""can live with"" was never part of the bargain when you bought your new vehicle.

About the author: The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanl emonlawcenter.com

What It Takes To Be A Lawyer?

2009-01-19T03:03:00.000-08:00

Author: Amit Laufer

When you see all these handsome Lawyers in TV series like LA Law, sitting in their fancy offices, driving these flashy cars, have you ever realized what they have been through in terms of time, years of education, money, certifications, etc...

Let me Describe to you the Lawyers course of training. Formal educational requirements for lawyers include a 4-year college degree, 3 years in law school, and the passing of a written bar examination.

Competition for admission to most law schools is intense. prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically--skills needed to succeed both in law school and in the profession.

Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.

Acceptance by most law schools depends on the applicant's ability to demonstrate an aptitude for the study of law, usually through good undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant's undergraduate school, any prior work experience, and, sometimes, a personal interview.

During the first year or year and a half of law school, students usually study core courses, such as constitutional law, contracts, property law, torts, civil procedure, and legal writing. In the remaining time, they may elect specialized courses in fields such as tax, labor, or corporate law. Law students often acquire practical experience by participating in school-sponsored legal clinic activities; in the school's moot court competitions, in which students conduct appellate arguments; in practice trials under the supervision of experienced lawyers and judges; and through research and writing on legal issues for the school's law journal.

Law school graduates receive the degree of juris doctor (J.D.) as the first professional degree. Advanced law degrees may be desirable for those planning to specialize, research, or teach. Some law students pursue joint degree programs, which usually require an additional semester or year of study. Joint degree programs are offered in a number of areas, including law and business administration or public administration.

After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practice. Currently, 40 States and jurisdictions mandate continuing legal education (CLE). Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments.

The practice of law involves a great deal of responsibility. Individuals planning careers in law should like to work with people and be able to win the respect and confidence of their clients, associates, and the public. Perseverance, creativity, and reasoning ability also are essential to lawyers, who often analyze complex cases and handle new and unique legal problems.

Lawyers held about 695,000 jobs in 2002. About 3 out of 4 lawyers practiced privately, either in law firms or in solo practices. Most of the remaining lawyers held positions in government and with corporations and nonprofit organizations.(Source: www.bls.gov)

About the author: Amit Laufer is a writer and Internet Marketer. MBA - International Trade & Finance. Bsc. Computers and Information Systems. Owner & Editor of: Lawyers

Divorce, Taxes, and the IRS

2009-01-18T03:03:00.001-08:00

Author: Howard Iken

In Divorce, potential tax liability can frequently become the tool for one spouse to use against the other spouse. If improperly used, this tool can destroy all of the marital assets. In the worst case, tax liability can seriously impact the future financial security of either spouse and subject them to criminal sanctions.

Situation 1 - Your Spouse Owns a Business

The most common situation where taxes become an issue in a divorce is they there is a family business. The owner - spouse may have hidden cash receipts or engage in a practice of recording inflated expenses. This common practice by many business owners is a fraudulent attempt to minimize taxes. The other spouse is often aware of and approves of this practice. During the marriage, minimization of taxes results in higher household income and a better lifestyle for the couple.

This practice is illegal or borders on illegal. During the marriage it is a secret between the married couple. But during a divorce each spouse may try to use past tax behavior to gain an advantage. The owner - spouse wants to minimize past income in an effort to lower child support, alimony, or division of marital property. Of course the other spouse wants to prove the opposite.

The result is a game of chicken - with one spouse threatening to turn the other spouse in to the IRS. This is a dangerous game for all involved. Do it yourselfers will find the situation blowing up in their face. People with attorneys may find the attorney reluctant to deal with the situation.

The Potential Problems:

* Your Attorney cannot assist the owner/spouse commit the crime of tax evasion. * The non-owner spouse may end up liable for half of the back taxes, penalties, and fines. * The divorce court Judge may decide to turn everyone in. * In an extreme situation, everyone can go to jail.

Situation 2 - You Make a Surprise Discovery: Your Spouse is a Tax Cheat

Another common situation in divorce: the sudden realization that a spouse is a tax cheat - and you were completely unaware until the divorce.

The Potential Problems:

* You may end up owing the IRS half the overdue taxes. * You may end up owing the IRS the ENTIRE tax bill. * The overdue tax bill may be double the actual unpaid taxes, due to penalties, fines, and interest.

The Potential Solution:

The IRS has a provision called Innocent Spouse Relief. This provision gives complete or partial tax forgiveness to an innocent spouse. But be aware - the definition of ""innocent"" is technical, elusive, and difficult to understand.

Two available forms of tax relief:

* Innocent Spouse Relief - Discharge of Liability * Separate Tax Liability for Each Spouse

The first form of relief wipes out your tax debt in part or full. You must have not had any knowledge of the incorrect or fraudulently prepared tax returns. That means you cannot look like you were aware of any part of the return. Also, you must not have benefited from the hidden income. That means you cannot be driving a Mercedes and at the same time signing a tax return that show $200/week in income.

The second form of relief is slightly easier to get. If you qualify, the IRS will separate out the tax liability of your income from your spouse's hidden income. This type of relief may have the effect of wiping out extreme tax bills and penalties.

The Bottom Line: Always be aware of these types of tax situations. The financial effect can be far worse than the divorce. If you believe this type of problem is in your future, start preparing immediately. Do not sign a joint tax return for your upcoming tax filing. File married-filing-separately. The moment you suspect a potential tax liability, begin to separate your financial life from your spouse's financial life and then promptly file for divorce.

About the author: Divorce Attorney Howard Iken has a rapidly growing divorce practice in the Tampa Bay area of Florida. He can be reached at 727-844-7676. More information on divorce can be found at http://www.18884mydivorce.com More information on Divorce Attorney Howard Iken can be found at http://www.18884mydivorce.com/pub/Aboutus/aboutus.htm

What To Look For When Selecting a Lawyer

2009-01-17T03:03:00.001-08:00

Author: Logan Rokwild

When you are selecting a lawyer, you need to carefully consider some options before you make your selections. Selecting a lawyer can be a tedious and painful task, but when done correctly will make all the difference for the out come of your legal situation. Before hiring a lawyer, you should get a specialist in the field to help you out. They can provide you with a list of competent lawyers in your area that specialize in your needs and are in a suitable price range. You should also talk to friends who have dealt with lawyers in the past who can refer you to someone who did good work for them in the past. Remember that lawyers are always looking for the highest pay available to them because that is how they make their living. Watch to make sure that you are not being overcharged only for the well being of your legal friend. You should also have other good, reliable lawyers lined up in case your lawyer doesn't follow through. You should never rely on one lawyer for everything, and if they are not completing their assigned tasks, you should fire them.

To avoid being overcharged by your lawyer, you shouldn't allow them to do all the work themselves. There are some legal processes that you can complete yourself and have your lawyer look over after to avoid paying maximum dollar. There are many resources on the internet that can help you in this process. Finally, you should hire a lawyer that you know is smart and is going to work hard to finish efficiently and effectively. You also need to make sure the lawyer you hire is someone you are going to get along with. There is nothing worse than dealing with a stressful legal matter while going through it with a lawyer you can't stand.

About the author: Logan writes about various topics. This article is free to re-print as long as nothing is changed, all links remained intact, the bio remains in full and the rel=""nofollow"" tag is not added to any of the links. Thank-you

Divorce - Lower Cost Alternatives to an Attorney

2009-01-16T03:03:00.001-08:00

Author: Howard Iken

Many years ago hiring a divorce attorney was financially devastating for many people. Divorce was for the wealthy. The rest of us had no options. We had to beg, borrow, or steal to find the money for an attorney. But now there are more options than ever before for anyone facing a divorce.

Do Everything Yourself

""Doing everything yourself"" has become an option in many states with the advent of approved self-help forms. For example, the state of Florida has produced a complete set of Family Law Self-Help forms. These forms have been carefully reviewed by the state Bar association and subsequently approved by the Florida Supreme Court. Each form is accompanied by instructions on proper use. Because Florida Statutes reference those self-help forms, they are accepted by all Florida courts. Many if not all states have adopted some type of self-help forms. You can usually download the forms from your state court website or purchase an inexpensive pack of forms at your local courthouse. The advantage: the forms are free and you do not need a lawyer to file them. The disadvantage: the instructions can be confusing, complex, and difficult to follow. And you may be sacrificing some serious legal rights without realizing you are doing so.

Online Forms Preparation Service

The internet has brought major changes to the delivery of legal services. One recent change is universal availability of online forms services. For a fee usually ranging around two hundred dollars these services will conduct an online interview and generate a custom set of forms, ready to file with the court in your area. These services are easy, quick, and as convenient as the nearest computer. The better services keep track of changes in each state and adjust their forms accordingly. The advantage: the forms are accurately and neatly filled out at an affordable cost. The disadvantage: same as ""do-it-yourself - you are on your own during the divorce. There is no advice or help if something goes wrong.

Attorney - Forms Only Service

Florida and many other states have adopted a concept called ""Unbundled Services."" This concept is an official recognition that many people want to hire an attorney for one small part of their case. They have access to expert advice at an affordable price. Many attorneys offer a form preparation service similar to the online services. The key difference is the forms are prepared or supervised by an attorney. The advantage: the security of knowing the forms are done correctly by a local expert. The disadvantage: you are still on your own during the divorce. However, because you established a relationship with an attorney, you may have access to the attorney for occasional advice if you run into difficulty.

So Which Option Should You Use?

Divorce can affect your relationship with your children, your present finances, and your finances during the next 30 years. What you do now can affect your life for many years. The simple answer: take the best option you can afford. If you can afford full representation from an attorney - that is best. If you cannot afford anything - the do-it-yourself method is best. But whichever route you take: educate yourself, proceed carefully, and educate yourself some more. Remember, knowledge is power. The person with the most knowledge always comes out ahead.

About the author: Howard Iken is an attorney in the Tampa Florida area. He practices exclusively in family and divorce law. You can find out more about his law practice, The Divorce Center P.A. by logging into his website http://www.18884MyDivorce.com An explanation of fees for a Florida divorce can be found at http://www.18884mydivorce.com/pub/Fees/fees.htm

Find a Good Family Law Attorney

2009-01-15T03:03:00.001-08:00

Author: Matthew C. Keegan

If you are in need of locating a good attorney, one who specializes in family law, then you need someone who can look after your interests as well as the interests of your children. I have listed five options to help you find the attorney who is right for you.

1. Check with Friends, Family - People you know can be an excellent resource to help you locate a family law attorney. Somebody you know probably has been through a similar experience; their advice and support can be useful to you. 2. The Bar Association - A local or state bar association can be a wonderful resource as they will tell you which of their members specialize in Family Law. Get a hold of that list, contact the attorneys directly, and interview them. Typically, your first visit is free so that you can learn what the family law attorney will do for you, their fee structure, and much more.

3. Legal Aid Societies - Your state or county should have a legal aid society. If you find that the cost of retaining counsel is prohibitive, consider contacting your local chapter for help. Some will offer their services for free or ""pro bono."" Some attorneys will charge you based on a sliding scale, taking into consideration your ability to repay. For parents with limited means, this can be a terrific option.

4. Research - Your library has legal directories featuring all kinds of legal professionals, while the internet is an excellent resource for accurate and up to date information. Forums, list servs, ads, and articles like the one you are reading now can be good sources to help you find attorney related information.

5. Check the Phone Book - One of the most popular places for attorneys to list their availability is with an old stand by: your phone book. Right smack dab in the yellow pages you will find scores of attorneys featured with all the of their contact information listed, including web sites.

Divorce certainly isn't fun, in fact it is downright painful. Your children will suffer, but you can help ease the transition for them and you by finding an attorney who is compassionate and caring. For additional support and spiritual guidance, arrange a visit with your pastor today.

Getting an Easy Divorce In Florida

2009-01-13T03:03:00.001-08:00

Author: Jean Mahserjian

Clients often ask if a Florida ""Easy Divorce"" is attainable. Of course it is - whenever both husband and wife can agree to make the process work. A Florida ""Easy Divorce"" will not be possible if one of the parties wants to make things difficult. Just like every other state, Florida has mandatory rules that have to be met in order to be awarded a divorce. There is just no getting around this.

It can be asked, how might one of the spouses obstruct the Florida ""Easy Divorce""? By contesting matters which need to be consented to, including divorce grounds, or in contesting matters including (a) how the property will be divided, (b) how the children's residence will be decided & when each parent will have parenting time, or (c) how much child support should be remitted under the law.

Each and every issue that is required to be addressed to obtain the Florida divorce could be contested. And so, if either party would like to to delay or prevent an ""Easy Divorce"", that is very possible.

Conversely, every family law matter can be resolved by an agreement. When both you and your spouse can agree to a Florida divorce, you must amicably agree on all of the outstanding issues and then the parties can enter into a Florida ""Easy Divorce"". And so, the first topic that you need to resolve ought to be whether each of the parties will actually work out the issues in order to obtain a Florida ""Easy Divorce"".

After both parties have agreed that you would like to obtain a Florida ""Easy Divorce"", the two of you should figure out the best way to get the required court documents finished, served and filed. One common way to accomplish this is to retain a single lawyer to represent both parties and to finish the court documents. Some individuals are not comfortable working with just one attorney and prefer to have independent advise from their own attorney. But, it is also common to engage two attorneys and to direct one attorney to prepare all of the Florida divorce court documents that are necessary, then have the other attorney review the divorce documents.

Another way to acquire a Florida ""Easy Divorce"" is to agree to use one of the online divorce or separation forms services to obtain all of the papers that are necessary. You may locate an online divorce or separation forms service from one of the many that are available today. When you employ such a divorce service, you can rest assured that you will be obtaining the divorce documents that are pertinent to the state of Florida.

If you and your spouse want to use an online divorce or separation forms service to take care of your Florida ""Easy Divorce"", you have your choice of hiring a service provider from three different type of services that are available. One type of online divorce or separation forms service will send you the blank forms for a Florida divorce. All of these blank forms arrive accompanied by instructions on how to complete them with the proper information, however, you will have to complete them on your own.

An alternative type of service is an online divorce or separation forms ""complete form preparation"" service. This kind of service will ask that you or your spouse fill out a questionnaire concerning your marriage. Then, this kind of online divorce or separation forms service would actually complete all of the necessary Florida divorce forms for you and return them to you with instructions on how you should go about filing all of the divorce documents. The third type of online divorce or separation forms service is a ""complete"" service provider and usually this type of service is provided by law firms. This category of online divorce or separation forms service will have you complete questionnaires, complete the necessary forms for your matter, get all of the necessary signatures from both parties, and then file the legal papers that are required by law. This type of divorce service is usually more expensive than the other types because you or your spouse must actually pay all of the mandated state filing fees to this service. When using the other two types of online divorce or separation forms services, you or your spouse must pay all of the filing fees directly to the court because you submit all of your own forms.

About the author: Divorce Attorney Jean Mahserjian makes it easier to make it through your divorce by providing you with the information you need to understand the divorce process. To download excerpts from her books, visit: Divorce Help

Deeds of Variation - The 2 Year Rule

2009-01-12T03:03:00.001-08:00

Author: Janine Byrne

Introduction

I recently received a query from a practicing solicitor asking for advice on using Deeds of Variation. The solicitor in question was acting on behalf of clients who wished to alter the terms of their father's Will to afford a fairer disposition of the assets amongst family members. Ordinarily this would one of the situations where a Deed of Variation could be employed. However, the testator's death was 6 years ago. The query was despite the lapse in time, could a Deed of Variation still be used without asking for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

The Purpose of the 2 Year Rule

To recap from my previous article, in order to be valid a Deed of Variation must comply with 3 conditions;

Must be made in writing.

All persons who were original beneficiaries in the Will and any persons who benefit from the proposed variations in the Deed must sign the Deed.

It cannot be given for money or money's worth.

It must be made within 2 years of the death of the decedent.

One of the most crucial uses for a Deed of Variation is to affect the tax liability on an estate. Therefore, for a Deed to be valid it must be made within 2 years of the death of the testator in order to be applied retrospectively for Capital Gains Tax and Inheritance Tax. If a Deed of Variation fails to comply with this - or any of the other conditions - it ceases to have retrospective affect for tax purposes, and amounts to nothing more than a transfer of value - namely, a gift.

Having liased with the Inland Revenue on this subject, it is clear that Deeds of Variation are only to be used within the 2 year period as, to quote an Inland Revenue adviser ""there would be no point in using such instruments after that time as it would afford no tax saving benefit"".

Changing the Will after the 2 Year Period

So, what do you do if you wanted to change the terms of a Will after the 2 year period? As stated above, where a Deed of Variation does not comply with the 2 year rule, any dispositions which the beneficiaries seek to make via the Deed amount to nothing more that simple transfers of value, gifts. Thus, the approach to adopt would be to make Potentially Exempt Transfers of the assets which the beneficiaries seek to redistribute. This is as simple as handing over the gift, or saying 'I give up my interest and gift it to you'. It is always advisable however, particularly where substantial interests in property are involved, to write a memorandum of the potentially exempt transfer. Such a memorandum should include the name of the person giving the gift, to whom the gift is given and the date.

JsByrne

LLB (Hons) LPc.

www.Draft-Your-Will.com

About the author: Janine Byrne holds a Honours degree in Law, a Post Graduate Diploma in Legal Practice and W Wills Writing for Business certificate. Miss Byrne is also the author/owner of http://www.Draft-Your-Will.com

Civil Partnerships

2009-01-10T03:03:00.001-08:00

Author: Janine Byrne

Civil Partnership Act 2004

The Civil Partnership Act 2004 came into force on the 5 December 2005 providing a long overdue legal recognition of same sex couples' rights. Same sex couples now finally have largely the same legal rights as that of heterosexual married couples. However, there does appear to be 2 areas where the legal rights of civil partners and married couples differ.

Dissolution The grounds for dissolving a civil partnership are the same as those for dissolving a marriage with one exception - adultery is not a ground for dissolution in a civil partnership unlike in marriage cases.

Pre-Partnership Agreements Pre-nuptial agreements have been available for many years but it would seem that only the most wealthily couples who intend to marry avail themselves of this agreement, and it there appears to be little encouragement from legal forums to use them.

Conversely, with the introduction of Civil Partnerships, much emphasis has been placed on entering into a Pre-Partnership Agreement. The Pre-Partnership agreement has been extant for many years now. Previously referred to as 'Cohabitation agreements' it was considered a useful document to have where couples - both same sex and heterosexual - decided to live together. More often than not however, people never knew of the existence of such a document, as is probably the case today. With the introduction of civil partnership rights, much emphasis has been placed on having such an agreement. The document should be entered into prior to registering the partnership, and is designed to deal with how the couple wish to deal with financial issues in the event that the partnership is dissolved.

The Law Society of England and Wales has argued in its literature that whilst Pre-Partnership Agreements - like pre-nuptial agreements - are not legally binding, with the courts usually deciding to split assets 50/50 on divorce pre-partnership agreements ought to be considered as the law will treat civil partnerships in the same manner as divorce.

(Pre-Partnership/Cohabitation Contract and Pre-marital agreements are available to download from the Legal Documents section of the DYW site).

Tax & Wills Implications

Civil partners will be treated the same as married couples for tax purposes. Thus, all the same inheritance tax exemptions available to married couples will also be available to civil partners. Such exemptions will include the Nil Rate Band allowance (currently £275,000) and the 'spouse' exemption whereby all transfers between spouses are exempt from inheritance tax and will also be the case with civil partners. (For more detailed advice on inheritance tax exemptions see Inheritance Tax).

The other implication of entering into a Civil Partnership from a Wills perspective, is that any existing will shall be invalidated upon registering the partnership. The extant Will shall automatically be revoked, and a new Will should be drafted. If you wish to make a Will in expectation or contemplation of entering into a civil partnership - or marriage for that matter - specific clauses will need to be drafted into the Will to ensure that it remains valid after entering the partnership/marriage.

Thankfully the law relating to Civil Partnerships is on a very similar footing to that of marriage, thus matters are not too complicated. As with advice given to married couples, making a Will is important as you should not assume that your spouse/partner will inherit your share, and it may well be that specific clauses will need to be drafted into Wills for civil partners.

JsByrne

LLB (Hons) LPc.

www.Draft-Your-Will.com

Beating a speeding ticket

2009-01-09T03:02:00.000-08:00

Author: Brad Cra

Have you ever got a speeding ticket that you didn't feel you deserved? I know that the majority of people who receive speeding tickets feel that they do not deserve it, but more often than the average person would suspect, they do not deserve. And, I would like to give you some suggestions on beating a speeding ticket

You may have seen similar advice to this on websites such as ihatespeedingtickets.com

The next time you pass a ""speed trap"" pay attention to how it is set up. Quite often the Police use a two or thee man system.

The first officer will be operating the radar equipment. His responsibility is to record the speed of oncoming vehicles and accurately identify the vehicle that he has recorded the speed for. He then conveys by radio information to his partner or partners so that they can identify and pull over the correct offending vehicle.

Does that sound simple?

Not so simple or easy! Trust me! This type of speed trap is not used on a regular basis but most often as part of a ""blitz"". The Police department will use a blitz like this on very busy highways or expressways where it would normally be very difficult to catch speeders. It still provides them with very little time to complete the necessary steps to catch and ticket offending drivers.

First of all, the officer operating the radar has to make very quick judgments and decisions and this is quite often how you can get out of a speeding ticket. The officer has to record the speed and quickly identify the vehicle by color or model and pass that onto the second officer who is down the road ready to pull you over.

The first mistake that the radar officer can make is that he might match the speed he recorded to the wrong vehicle. This can easily happen on multiple lane highways. The offending driver catches sight of the radar and quickly ducks behind vehicles in the inside lanes. That can often leave an unsuspecting motorist to be the wrongly accused traffic offender.

Advice that will help you beating a speeding ticket

Ÿ Make note of the name of the officer who has pulled you over and is writing the ticket. Ÿ Ask to see the radar reading. Ÿ Tell the officer that you know how fast you were going and that they must have stopped the wrong vehicle. Ÿ Always plead not guilty and go to court.

Your Day in Court

When you arrive in court your name will be called and you will be asked if you are representing yourself or if you have representation. You then will be asked if you are looking for a reduction in the fine or a reduction in demerit points. You then tell them that you are disputing the charge and that you believe that the officers on the scene made a mistake. You then will be allowed to speak to one of the officers that were on the scene. Because you recorded the name of the ticket writing officer you will know if you are talking to him or the officer whom was operating the radar. Because the accuracy of this system is very poor it will not take much to convince the officer that they did in fact stop the wrong vehicle and most often will use some other excuse for having the case thrown out. The most common reason they use is that one of the officers is not present. This is an easy way for them to let you off without admitting that a mistake was made.

If i could give you one bit of advice on beating a speeding ticket it would be to plead not guilty at all times and take your chances. You will find other suggestions and tips on traffic tickets at websites such as ihatespeedingtickets.com

Perhaps if more people knew beating a speeding ticket our courts would not be so crowded. If you are not comfortable with representing yourself in court you can find advice on that at

www.ihatespeedingtickets.com as well as what to look for in a Representative.

About the author: I have studied the law pertaining to speeding tickets very extensively. So much so, that even though we are not lawyers, law firms regularly contact IHATESPEEDINGTICKETS.COM asking us to train their law staff on how to beat speeding tickets! Now you can have this expertise on your side, providing YOU the information you will need to go to court and insure that you beat your ticket.

Understanding Your Rights When Injured

2009-01-08T03:03:00.001-08:00

Author: Ashley Green

Finding yourself injured can be a troubling, lonely, and confusing experience. Advice will come from several different places and it can be completely overwhelming. It will seem that you have little time or emotional strength to deal with or make sense of your rights or what to do next. It is very important to understand your rights and what type of claim to file to insure that you are properly compensated for your injuries and that the process is as quick and as painless as possible.

There are 3 types of personal injury claims in which one may file; negligence, strict liability and intentional wrong. If someone injured you as a result of carelessness on their part then you may file your personal injury claim as a form of negligence on their part. If an injury is caused by the use of a defective product, then you may file a claim as strict liability. If you have an injury is a result of international behaviors of other individuals or institutions, you are able to file a personal injury lawsuit as well as criminal charges.

Once you have figured out which type of claim you need to file based on your personal injury, you will need to find a lawyer. It is pertinent that you find one that specializes in personal injury law. Most personal injury lawyers offer free initial consultation to discuss your case so talk to several lawyers before hiring one to handle your case.

Be advised, using a small claims court can be a viable option to using an attorney in certain personal injury cases. For minor injuries resulting in say, a car accident, it is best to deal directly with the insurance company as to avoid potentially expensive legal fees. For more serious cases, hiring a lawyer will let the insurance companies know that you are serious about the case at hand and can often help the process move along more thoroughly. No insurance company or defendant wants to deal with a lengthily lawsuit as they are paying the people on their side for their time as well. Remember, the absence of legal representation can put you in a fairly adverse position.

There are several important questions that need to be asked once you have found a personal injury lawyer including:

* What rights do I have that need to be protected? * What claim letters need to be sent; how many insurance companies must be notified? Will you do this for me? * How long have you and your law firm been practicing law? * When will I be charged? How much? * Will I be charged a legal fee if you do not recover money for me? * Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?

Never feel apprehensive about asking questions of your lawyer. You are the one paying for him/her and he/she is there to work for you!

About the author: Ashley Green - Injury Attorney at http://injury-attornies.info

No Win No Fee Solicitors

2009-01-07T03:03:00.001-08:00

Author: Mark Lawson

It is a sad reality that people meet accidents. The physical toll of an accident-related injury can vary from slight inconvenience to, at the very worst, debilitating injuries that could affect not only a person's ability to earn money but also his quality of life. The stress that results from the accompanying problems that crop up after an accident can also have a major negative effect on the victim. For every kind of accident, the party or parties responsible for the commission of the accident should face up to their liabilities.

But the sad fact is, most people who meet accidents do not usually pursue any legal actions against the guilty party or parties, for the simple reason that legal fees can be very expensive. Already faced with the expenses for medical care and medicines and sometimes even rehabilitation, and the ability to earn a living already compromised, most accident victims just grin and bear it and opt not to file any charges or legal complaints. This is a reality that most accident victims have to contend with.

But accidents victims should always remember that they have the legal right to compensation for the injuries they have suffered from accidents, especially if there is a clear fault of negligence from certain individuals or entities. But far from the compensation that they will get for the injuries and lost revenue that they have suffered there is also a more important reason for filing legal charges for accidents. It is their responsibility as a citizen to have these incidents reported and, if possible, prosecuted so that the accident will not happen to other people. These parties who have caused the accident or have, through their negligence, precipitated certain factors to cause it should be made culpable for their actions.

Fortunately, there is one way for victims to file the necessary legal charges for the injuries that they received from accidents without necessarily worrying about the costs. In some cases you can use a system where you only need to pay the legal fees if you win the case. This is called a conditional-fee agreement, or a ""no win, no fee"" agreement.

A ""no win, no fee"" agreement can help pay solicitor costs, unless the case involves family dispute or a matter of a criminal nature. Under this agreement, the victim's solicitor will take on the case but he understands that if the case loses then he will not get paid. It should be made clear though that there are other costs involved that are not covered by the agreement. For example, even with a lost case, the complainant will still pay the opponent's legal costs and the disbursements of the complainant and the defendant. But an insurance can be taken to cover the aforementioned payment if ever the case is lost. This can be arranged by the solicitor. If the complainant wins the case, he will pay the solicitor along with his disbursements. A solicitor may also charge a ""success fee"" as a means of compensating the solicitor for taking the risk of not being paid if the case is lost.

Truly, with a ""no win, no fee"" agreement, the dispensation of justice for the victims of accidents does not have to stop because of limited funds.

About the author: Mark is the webmaster for Accident claim a legal information site. This article is free to republish provided this bio box remains with working hyperlinks

What is a Structured Settlement

2009-01-06T03:03:00.001-08:00

Author: Amit Laufer

A Structured Settlement is an agreement between a personal injury victim ( a Plaintiff ) and an Insurance company ( the Defendant ) to compensate the Plaintiff by the defendant with long term periodic payments instead of a single cash lump sum.

Payments can be tailored to each individual plaintiffs needs, to help meet expenses such as on-going medical and living expenses, education, children needs & support etc' The fixed annuity payments are tax-free to the claimant, a cost-of-living adjustment (COLA) feature is available, that can help offset the effects of inflation over time, payments can continue as long as the claimant lives thus providing him the maximum benefits.

Structured settlements are encouraged by plaintiffs lawyers, Courts, Insurance companies and the legislators alike as they all agree it is the best solution to all parties involved especially for the claimant.

The annuity can be transformed in part or in full to a cash lump sum via private funds and should be approved by the Court. The funds are most interested to make these deals as they are very profitable to them because they take the long term tax free payments and in exchange pay the annuity holder less than the face value but in cash.

These same funds are handling Lottery winners long term payments into one single lump sum as well as all kinds services of cash against future payments.

(c)Copyrights 2005 - http://annuity-structured-settlements.blogspot.com/

About the author: About Me Name: Amit Laufer Age: 46 Location: New York, United States MBA - International Trade & Finance - Heriot-Watt University. Bsc. Computers and Information Systems - Long Island University - C.W Post Campus. Hobby: Photography. Married with two Children.

(c)Copyrights 2005 - http://annuity-structured-settlements.blogspot.com/

How To Find A Good DUI Attorney

2009-01-05T03:03:00.001-08:00

Author: Lawrence Taylor

You or someone close to you has been arrest for drunk driving. Innocent or not, you know you're a lot better off with an experienced DUI lawyer. So how do you find one? The suggestions provided below will help you find competent and ethical representation -- and avoiding the alternatives.

The best source for finding a good DUI lawyer, of course, is a referral -- a recommendation from someone you trust. This may be a family member or friend who has faced DUI charges before, or it may be your family or business lawyer who can make educated inquiries. Perhaps the best source of referral is to ask a police officer, or go to a courthouse and ask a bailiff of court clerk: Who is the best you've seen? Who would you retain if you were arrested?

One possibility that may come to mind is a referral service of the local Bar Association. This is generally not a good idea, as you will usually be referred to the next attorney on a list of members; the only requirement for inclusion on the list is the request to be placed on it.

Failing a recommendation from a trusted source, the best approach is research on the internet. A lot can be discovered about DUI laws, evidence, procedures, penalties -- and about lawyers who practice in this technical and complex field. There will, of course, be unending advertisements, self-promoting websites and, least useful, endless ""directories"" of DUI attorneys who have simply paid a lot of money to be included.

One excellent resource is the membership list on the website of the National College for DUI Defense. This is a professional organization of over 800 attorneys nationwide who emphasize drunk driving defense in their practices. Although membership is no guarantee of competence and/or ethics, it is usually a good indication the lawyer is serious about this field. The College emphasizes the education of the Bar through seminars, most notably an intensive annual 3-day seminar at Harvard Law School, and has been recognized by the American Bar Association as the only organization authorized to Board-certify attorneys as ""DUI Defense Specialists"", a process that is extremely demanding.

In making the important decision of which attorney to have defend you, the following should be considered:

a) DUI defense is a technical and highly specialized field: Does the lawyer handle drinking and driving cases only - or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?

b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?

c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.

d) Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all-inclusive? Do the fees cover such ""extras"" as the license suspension hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?

e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is ""A-V."")

f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?

g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)

About the author: Lawrence Taylor is the senior member of an AV-rated law firm of California DUI lawyers practicing drunk driving defense exclusively.

Accident Injury Claims Done Right

2009-01-04T03:03:00.001-08:00

Author: Ashley Green

When dealing with a car accident, finding and hiring a qualified attorney can help you a great deal. They will help ease your mind through dealing with all the legal aspects of your situation while you focus on coping with the pain and suffering of such a traumatic event. There are lawyers out there ready and willing to make sure that you are compensated for being hurt in a situation that you may not have had any control over.

Never hesitate after an accident when seeking medical and legal help. Many people don't know until much later that they even have an injury after a car accident. They are usually so scared and rattled that if they feel okay enough, they go home and sleep it off and try to reestablish normal activities the next day. Or, if they are in pain, they might seek the advice of family and friends who may tell them not to worry, that it is just neck pain and it will go away with time. This is all really bad advice. There could be internal injuries that over time could become major or even life threatening problems. A very serious problem that is often overlooked is an internal head injury. Just because a car crash victims head is not bleeding, does not mean that they are okay. Closed head injuries often occur some time after the accident and can go unnoticed and often occur when a car crash victim's head is sudden thrust into a hard surface (steering wheel, dashboard, back of the front seat) at rapid speeds. These types of injuries often do not penetrate the skull and can be overlooked at first. These types of collisions result in internal injuries within the brain.

Even whiplash can cause a closed head injury. Other types of closed head injuries include bleeding from the head or face, confusion, lethargy, loss of hearing or fluid drainage from the nose or ears.

Another, more traumatic injury caused by car accidents is permanent or temporary paralysis. Paralysis occurs when the vital nerves that control various body parts are damaged or severed. This happens when there is a traumatic impact to the neck or spinal cord resulting in parts of the body not being able to retain the same mobility or sensations that they once had.

When paralysis occurs, it can be an extremely difficult time for the victim and his/her family. They are faced with life long challenges and may need constant round-the-clock care for the rest of their lives. Temporary paralysis occurs when a nerve is pinched or inflamed. In any case, seek help quickly. Don't hesitate. You may be entitled to seek compensation for your injuries. It is important that you contact a qualified car accident attorney today and get a case review.

About the author: Ashley Green - Auto Accident Lawyers at http://accident-attornies. info

Deeds of Variation - Are they Justified?

2009-01-03T03:03:00.001-08:00

Author: Janine Byrne

Introduction

Deciding to make a Will and then actually putting the decision into action can be a somewhat stressful, upsetting and daunting task for some people. So it may be a little disconcerting to learn that after you have put all that effort and thought into planning your Will that there might be some opportunity for those left behind to change your instructions and alter your Will. after you are gone. It is a perfectly sound argument to point out that you have the right to leave your possessions to whom you please and therefore why should disgruntled beneficiaries be allowed to change your instructions?

The Government's focus on tax avoidance, the overhaul of the trusts regime as proposed in the Pre-Budget Report 2004 and the consequent new legislation - Finance Act 2004 (to come into effect April 2005) - led some to believe that Deeds of Variation - the means by which a testator's instructions in a Will are amended - would cease to be valid.

However, the Chancellor Gordon Brown did not rule out their existence and therefore such Deeds have continued application and relevance. So what exactly are Deeds of Variation, how are they created and what is the justification for their continued existence?

Deeds of Variation - What Are They?

A Deed of Variation is a written document which seeks to amend/vary certain instructions/dispositions in a testator's Will. The result of a variation to any Will is that one or more beneficiaries will have their entitlement affected in order to take into account someone else's new entitlement; this means that either their share is reduced in value or completely obliterated. The following example, (whilst probably very artificial), demonstrates the point.

Example

Maude in her Will left £6,000 to her son Michael and nothing to her daughter Michelle. To rectify the unfairness of the Will disposition Michael agreed to a Deed of Variation by which his share was split with his sister, thus allowing each to receive £3,000.

In order to be legally valid, the Deed must comply with certain conditions;

1) Must be made in writing.

2) All persons who were original beneficiaries in the Will and any persons who benefit from the proposed variations in the Deed must sign the Deed.

3) It cannot be given for money or money's worth.

4) It must be made within 2 years of the death of the decedent.

Consent

The first criterion is self explanatory so we turn to the issue of consent. With the above example in mind it appears clear why consent of all parties is required due to the significant changes in a beneficiary's entitlement which can ensue from any variation. A clear indication of consent is a signature.

Money or Money's Worth

The must be no inducement for a beneficiary of a Will to agree to a variation which would benefit someone else. Again, an example will demonstrate the point.

Example

Walter leaves substantial gifts to his two children Jane and Wayne but consequently has left his widow Joan impoverished and unable to sustain herself. Jane and Wayne agree to give a share of their gifts to their mother on the agreement that Joan will return it to them in the form of PETs (potentially exempt transfers). This will be deemed to have been given to Joan for money or money's worth and thus will not constitute a valid Deed.

Made Within 2 Years of Death

The Deed must be made within 2 years of the decedent's death and this time frame is due to issues of tax. If made after more than 2 years the Deed cannot be given retrospective affect for either Capital Gains Tax (CGT) or Inheritance Tax (IHT) purposes which, as we shall see, is one of the main reasons Deeds of Variation are still used.

Justification for Deeds of Variation

Perhaps the above examples have already provided some clues as to why Deeds of Variation still have application in UK law. The example of Michael and Michelle demonstrates that such Deeds can serve an equitable role in correcting/amending what would otherwise appear to be unfair dispositions.

The unfair dispositions might not be intentional on the part of the testator, particularly where they have not updated their Will.

Example

In 1998 when Monica made her will, her relationship with her daughter Amy, problematic for years, had eroded to the point that Monica decided to leave Amy nothing in her will, dividing her estate of £1,000,000 equally between her two other children, Sam and Sadie. By the time of Monica's death last year she and Amy had reconciled, and Monica often voiced her intention to change her will to leave Amy one third of her estate. Due to infirmity Monica died before making this intended change, but aware of her wish, Sam and Sadie give Amy one third of Monica's estate via a variation.But Deeds of Variation serve another practical role, and this is within the realm of tax.

Not everyone engages in estate and tax planning let alone makes a Will in the first place! Thus a person may have made a Will which upon their death was grossly out of date and an intolerable - and avoidable - amount of tax particularly IHT ensues. Or maybe there was no Will at all, in which case there would have been no IHT mitigation! This is where a Deed of Variation can save the day.

Example

Malcolm left everything he owned to his wife Maude by survivorship. Transfers to spouses are automatically exempt anyway which means that Malcolm failed to utilise his Nil Rate Band Exemption. The result is that a hefty IHT bill will accrue on Maude's estate upon her death. Michael and Maude have adult children and a Deed of Variation could be agreed whereby Malcolm could leave his NRB legacy to his children thus using his allowance.

On the other hand, if Malcolm's Will left more than the current IHT allowance to his children in error (an outdated Will for example) the tax would be due immediately. A Deed of Variation could remedy this by changing the beneficiary to Maude thus resulting in delayed IHT and allows Maude time to engage in some tax planning and gift giving to reduce the value of her estate.

Conclusion

It has been argued by many that the very notion of allowing family members to alter the wishes of the deceased Will maker flies in the face of freedom of choice - freedom to choose who to leave one's own possessions to and who NOT to benefit as the case may be.

But I submit that the value of such legal documents far outweighs their 'intrusive' nature. They are able to remedy a range of situations, including persons who have wrongly been ignored reaping some benefit to those who have unintentionally been left out or not given enough.

Taking into account the fact that approximately 70% of people do not make a Will and with the ever increasing value of people's estates beneficiaries can be left with sometimes overwhelming tax bills due to their family member leaving everything to intestacy, and here again the Deed of Variation comes to the rescue. And even those with the foresight to make a Will can make mistakes and not plan adequately; the Deed of Variation can come to the rescue in minimizing the tax that as inadvertently arisen.

The Deed of Variation is by no means a perfect tool and there are no doubt situations which it just cannot present itself as a remedy. But from the tax perspective alone, with an ever increasing tax-hungry Government seeking to minimize tax avoidance schemes where ever possible, one is thankful that this tax saving tool and equitable remedy has been left untouched.

For the meantime that is...

JsByrne

LLB (Hons) PGDip.LPc.

www.Draft-Your-Will.com

Criminal Identity Theft - Don't Let Your Good Name End up in a Criminal Database!

2009-01-02T03:03:00.001-08:00

Author: Fred L Appleyard, Jr

You're driving on road one night, then you notice there's a police cruiser following close behind you. You figure the cop just wants to pass you, so you move over one lane, except he moves over too and stays on your tail, then you see the flashing red & blue lights then ""Woooop!!! wooooop!!!"" You must be wondering why you were pulled over. You weren't speeding nor breaking any traffic laws and your tag is not expired. Maybe it's just a burned out taillight. ""Sir may I see your driver's license and registration please."" Then comes the shocker! ""SIR... step out of the vehicle."" You get patted down for weapons, drugs, etc.. ""You're under arrest for outstanding warrants."" On go the handcuffs ""Zzzzkkkkkk! Zzzzkkkkkk!"" ""You have the right to remain silent..."" By now, you must be thinking ""OH S---!!!"". ""I've never been arrested in my life!"" After you've been booked at the county jail, strip searched, fingerprinted, and maybe spent the weekend in the slammer, you go before the judge only to find out you're free to go, all charges dropped because it turns out you're not the person they were looking for.

Is this a case of mistaken identity, or more likely, a case of STOLEN IDENTITY, or criminal identity theft. The most common scenario is during a traffic citation or misdemeanor arrest, the imposter fraudulently provides to an officer-of-the-law somebody else's identification, usually always that of a friend or relative, then skip town and simply not pay the fine or fail to make the required court appearance. Unlike financial identity theft, the victim is usually always known to the imposter. The judge will then issue a warrant for his arrest. In many cases, the imposter either stole or fraudulently acquired a phony driver's license or other ID, or simply ""borrowed"" the victim's name as an alias. The impostor is most often wanted on outstanding warrants for failure to appear. The victim is usually arrested during a routine traffic stop. This type of identity theft commonly occurs where the age and physical appearance of the two are similar. Police are tending to be much more cautious today in order to avoid false arrest lawsuits, but the system has a long way to go. Fortunately, unlike financial, criminal identity fraud is relatively rare.

In a few cases serious offenses such as DUI and felonies were committed in the victim's name and the person's name ends up in the criminal database system. The victim might in for a real shock when he is told he cannot buy a gun because he failed the instant background check, or is one day called into his boss's office, to be informed he is being fired because a criminal record showed up in a routine employee background check. In the end you probably wished this imposter were caught in Saudi Arabia where he would be sentenced to 100 lashes in the public square.

Unfortunately, the criminal justice system does not yet have a decent contingency plan in place to clear an innocent person's name. The burdon of clearing one's name lies mostly with the accused, sometimes with steep attorney's fees.

Procedures to clear your name from criminal databases varies according to state, or even individual counties. Some states already have special procedures in place for victims of criminal identity theft. Ask your state Attorney General's office.

If wrongful criminal offenses are linked to your name, first contact the original arresting police/sheriff's department who originally arrested the impostor, or else the court who issued the arrest warrant and file an impersonation report with them, and confirm your identity. Ask the police department to take your fingerprints, photograph you, and make official copies of your photo IDs, I.e.: driver's license, passport, etc.. To claim your innocence, ask the police to compare your fingerprints and photos with the imposter's.

Maintain a detailed log of all your phone conversions, paperwork, email messages, contacts, etc.. Keep a detailed record of all your expenses incurred. When writing the authorities you should always use certified mail with return receipt. Email is generally not considered secure for sending confidential private information, so it's not recommended if you can avoid it. The rule is never send out something via email that would not want to share with the public. Changing your social security number is rarely recommended as that usually causes more problems than it solves.

If the arrest warrant is from another state or county, ask your local police dept. to forward your impersonation report to the agency of the jurisdiction where the arrest warrant, traffic citation, or criminal conviction originated.

The police/sheriff's dept should recall any arrest warrants and issue you a clearance letter or certificate of release in the event you were arrested and booked. It's essential to keep this document with you at all times in case you might be falsely arrested again. Have official copies made at the courthouse, in case it gets lost. Ask the agency to file the record of the follow-up investigation establishing your innocence at the D.A's office and/or the court in the jurisdiction where the crime occurred. This will result in an amended complaint. Unfortunately once your name ends up in a criminal database, it's difficult to get it completely removed. Ask that the key name or primary name be changed from yours to the imposter's name, or else to ""John Doe"" if the imposter's true identity is unknown, with your name noted as an alias.

You will also want to clear your name within the court records. Determine which state law(s) will help you with this and how. If your state has no formal procedure for clearing your record, contact the D.A.'s office in the county where the case was originally prosecuted. Ask the D.A.'s office for the appropriate court records needed to clear your name. Unfortunately in some situations, you may have no choice but to hire an attorney to help you clear your good name. You may want to ask your state DMV if your driver's license was used by the imposter. Ask them to flag your files for possible fraud.

Overall, your best defense is prevention. Pick your friends carefully, and safeguard your drivers license, passports or other forms of ID.

About the author: Visit http://www.beyourowndetective.com and learn more about criminal identity fraud, theft and private investigation. Download the lastest investigative tools to aid you in your investigations.

Choosing a Lawyer

2008-12-31T03:03:00.001-08:00

Author: Richard LoNigro

Choosing a lawyer can be a tough decision. The most important part of the decision is what type of attorney you will require. If you are going to court for a possession charge, you need a criminal defense lawyer. If you are going for a divorce, naturally you want a divorce lawyer. Choosing specialized representation is always a good idea because the person you choose as your attorney will have a vast wealth of knowledge on that particular subject, instead of a small amount of experience in many different fields. You don't need your personal injury lawyer to know anything about divorce law right? So where do you find a reliable lawyer? The most convenient way it to look online. There are a few reliable web sites out there for finding an attorney in your city or state. Generally you want to search based on the type of representation you require, followed by your state or closest major city. What are you looking for in a lawyer? Well you definitely want him to be an honest, warm person. Don't waste your time with people who seem like your not worth theirs. You also want someone with experience. Inquire about experience : how long he/she has been practicing, what school they graduated from, etc. Most attorneys will happily show you their credentials. If they hesitate, they likely don't have many credentials and you might want to stay clear of that particular person. Overall, when looking for the right attorney you just gotta use your judgement. The same rules apply to choosing a family doctor or a psychologist; you want to feel comfortable that you are being taken care of. Never be afraid to ask questions, and most importantly keep yourself involved in your case. If you are filing for bankruptcy, read up about the laws and exemptions of your particular state.

Rich LoNigro runs a lawyer directory : The Attorney Search. The site currently hosts Bankruptcy, Divorce, Defense, Immigration, Mesothelioma, Personal Injury and Tax lawyers.

About the author: Rich LoNigro runs a lawyer directory : The Attorney Search. Bankruptcy, Divorce, Defense, Immigration, Mesothelioma, Personal Injury and Tax lawyers

Why your Personal Injury Case is taking too Long

2008-12-29T03:03:00.001-08:00

Author: karen nodalo

Being disturbed is never new to someone who has become aggravated and dissatisfied in something. This is also factual after you file your personal injury lawsuit; you will be disappointed at your lawyer because such a long time passes between the time the lawsuit has started and any settlement or trial. In most states, the other person's insurance company owes you no duty to settle quickly. Your case can be settled before trial or drag on long after the trial is over.

There are quite a few things that can slow down your personal injury case. One is detection - where the insurance company is appropriate to discover everything about you and the accident. You and your lawyer will need to get together all the medical records, bills and other certification of your injuries. Some of these must be obtained in a precise way to make them permissible at trial. This often takes instance and money.

Next are depositions - where the insurance company's lawyer will ask you in great aspect about your injuries, your medical history, the accident itself, and your behavior. You'll likely to be subjected to grilling over the smallest of details. Then, you have motion hearings - where the insurance company lawyers may have what feels like an endless capacity to file motions and go to hearings on motions.

In addition, intervention is one more factor that slows down your case. Many courts are forcing lawyers to arbitrate or adjudicate cases prior to trial. Mediation is normally a settlement conference without the official procedure of court. Arbitration is a different breed, however. It's often an obligatory ""mini-trial"" of the case in front of an arbitrator or panel of judges who listen to an informal presentation of the matters involved in your case. We also have trials which are planned on the court's schedule, not the lawyers' schedule. Cases from time to time take years to be scheduled for trial, especially in some major urban areas. Having a case that is two or three years old before going to trial isn't unusual.

Finally, compilation of issues is the last. You may also have complexity collecting from the insurance company or the person accountable for your injury. The insurance lawyer will have to have a check or outline issued by the company. And before they send you money, you will be compulsory to sign a release document and file some sort of notice motion. These things also postpone the payment.

For more related articles, you may visit http://www.attorneyservicesetc.com

Getting to know your Attorneys and their Responsibilities

2008-12-28T03:03:00.001-08:00

Author: Karen Nodalo

Almost all lawyers are subject to severe standards of professional responsibility which are set forth in the codes of ethics, conduct and privileges, and rules of professional conduct recognized by state bar associations. Your lawyer may have other responsibilities to you, which depends on your case and the ethical rules that apply in your jurisdiction.

Your lawyer must stand for you ethically, enthusiastically and within the bounds of the law. He must competently analyze legal issues and exercise knowledge of the law applicable to your case. He must converse with you in a appropriate and effectual manner. He owes you, as the client, a duty of loyalty because he can't at the same time stand for you and another client with legal interests that conflict with yours. For so long as he continues to stand for you, your lawyer is essential to follow your instructions in managing your case unless those directions are against the law.

If a lawyer fails to put up with by the aforesaid rules, he can be closely prohibited by any bar organization of which he is a member. It's probable the lawyer may even be disbarred for grave violations. Criminal examination is also an option. And a failure to meet the terms with the rules may be the foundation for a misconduct action.

Your lawyer must keep your individual property apart from his own property, and must keep your money in an escrow account. Any time you command it, he must return your money or possessions. Except in unusual conditions, he is obligatory to keep client confidences confidential. Depending on the influence, lawyers may be proscribed from having personal associations with their clients. Except if he first obtains your informed written consent, he is prohibited from taking on illustration that is unfavorable to your interests.

When you converse with an attorney about a legal matter, your connections with him are confidential. This means that subject to some very inadequate exceptions, and unless you give authorization, he can't reveal any information you present to a third party. Such duties and errands may include: being honest with your lawyer, being accommodating with and approachable to your lawyer, being obtainable to your lawyer and attending legal measures, as requested, and paying your legal bills in a well-timed manner.

These duties and responsibilities are pretty common sense, so they may be indirect even without a retainer agreement that specifically reduces them to writing. In spite of, a failure to stand for by them may outcome in a lawyer deciding to finish your client relationship.

For more related articles, you may visit http://www.personalinjurydefenders.com

Do I Need A DUI Lawyer?

2008-12-26T03:03:00.001-08:00

Author: D Ruplinger

You've been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.

Because DUI laws vary among each state ( http://www.duislawyer .com/stateduilaws ), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI's, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.

Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you're looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You'll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.

Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.

The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.

Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.

A few questions you may want to have on the list you make are:

1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)

2) What do you charge and what is your fee structure? (You'll want to know the most you'll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there's another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can't hurt to ask. The worst answer you can get is ""no."")

3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).

4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn't the lawyer who handled the majority of their case.)

These are just a few of the questions you'll likely want to ask before deciding which DUI lawyer you want to hire.

About the author: D Ruplinger is a featured writer for DUI Lawyers . Visit the web site for more information about DUI Defense and DUI statistics.

Legal Wills In America - A Top Priority

2008-12-25T03:03:00.000-08:00

Author: Chuck Blanaru

For most of us, life is hectic and we often put important issues such as preparing a legal will on the back burner. It is not a topic that most people like to think about, but the reality of having a legal will is extremely important and should be made a top priority.

Why are legal wills so important?

Legal wills determine who controls your estate after your death and identify who will inherit your estate. If you die without a legal will (Intestate), the Court will appoint an administrator, and State law will determine who is entitled to your estate and the amounts they will receive. Wouldn't you rather take the time to choose an executor (trustee or personal representative) to be in charge of your estate?

If you die, and your spouse is also deceased or unfit to act as the parent of your children, the Court will appoint someone to care for your kids. What if the appointed person is not an individual you would trust as the guardian for your children? Not only that - contested guardianship proceedings will result in the estate incurring needless expenses. If your family circumstances are complicated because you have children from different marriages, you may wish to consult with a legal expert for appropriate advice.

Preparing a legal will is not difficult - it is actually quite simple. Various legal considerations should be well thought out before making a will. It is wise to seek out persons or firms in your community that can provide you with financial advice, tax and estate planning and information on cremation, burial and funeral services.

Age is not a factor when it comes to preparing a will. If you have assets, property or family and want to ensure your estate is in order, you should consider the benefits of preparing a legal will.

It is prudent to stop and consider the dramatic and serious consequences that result from not having a legal will. Don't make the crucial mistake of ""running out of time"" and leaving your loved ones with a terrible burden. For your own peace of mind - take control of your estate and make it a priority to prepare your legal will.

About the author: Chuck Blanaru is co-founder of the Online Wills website http://www.americawills.com.

The Chapter 13 Meeting of Creditors - What to Expect

2008-12-24T03:03:00.000-08:00

Author: Leon H. Rountree III, Esq.

Have you recently filed Chapter 13 Bankruptcy? Do you have an upcoming Meeting of Creditors hearing? Many Chapter 13 debtors get a little nervous about the meeting since they are not exactly sure what to expect. So, I decided to take some notes on exactly what happens during the meeting for the benefit of those who have an upcoming meeting. Of course, I knew what was going to happen since I've done these hearings before for my clients, but I wanted to note the exact words this hearing officer (trustee) was using and the exact questions she was asking. Sometimes, clients have visions that creditors are going to sit there and hammer them all day with questions or something. This is just not the case, in my experience. Let's start with some basics.

What is the Meeting of Creditors?

The Meeting of Creditors is a hearing that is held 20 to 40 days after the bankruptcy petition is filed. The debtor must attend this meeting, at which creditors may appear and ask questions regarding the debtor's financial affairs and property. If a husband and wife have filed a joint petition, they both must attend the creditors meeting. The trustee also will attend this meeting. It is important for the debtor to cooperate with the trustee and to provide any financial records or documents that the trustee requests.

The trustee is required to examine the debtor orally at the meeting of creditors to ensure that the debtor is aware of the potential consequences of seeking a discharge in bankruptcy, including the effect on credit history, the ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt.

In some courts, trustees may provide written information on these topics at or in advance of the meeting, to ensure that the debtor is aware of this information. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the meeting of creditors. This paragraph was adapted from Bankruptcy Basics, a FREE publication, click here to get a copy.

What can I expect?

Well, that's what this article is all about. Let's talk about that:

If you have an upcoming meeting of creditors hearing, the best way to overcome your fear of the unknown is simply to go to a meeting(before yours) and just sit there and observe. That will probably prepare you much more than if you learn about it second hand.

So what I've tried to do is give you blow by blow of what happened at this particular meeting of creditors about a week ago (December, 2005). I primarily practice Bankruptcy in the Northern District of California, although I can practice anywhere in California.

Disclaimer: The following is an example of what occurred on a particular date in my jurisdiction (Northern District of California, Oakland Division) at a Chapter 13 Meeting of Creditors hearing in December, 2005. This may vary dramatically from what occurs where you live. Therefore, do not think that the way the meeting is presented above reflects what will occur in your jurisdiction. You should speak to your attorney about what occurs in your particular jurisdiction. This article is for informational purposes only and does not constitute legal advice.

That having been said, in the Oakland Division of the Northern District of California Bankruptcy court, the meetings are held at a location other than the actual Bankruptcy court. The court itself is across the street. The meetings are held in a suite on the 6th floor of the Federal Building. Inside the suite, there are two main rooms. One is a waiting room where attorneys can confer with clients, talk to each other, etc... The other room is where the actually meeting of creditors hearing occurs. There is usually a person there to help direct you and answer basic non-legal questions about the process.

1. So, let's say your hearing is at 9 A.M. You get there at 8:30 or so and go into the waiting room. The trustee in our jurisdiction hands out a booklet called ""The Chapter 13 Debtor Handbook"" which is for you to take home and read and tells all about the process. You are then directed to watch a 15 minute video that explains the basics of bankruptcy and particularly Chapter 13 bankruptcy.

2. Once the video is over, the trustee's assistant comes into the waiting room and announces that the meeting is about to start and that anyone who is on the 9 A.M. calendar should come into the room where the meeting will be held. There are about 20 or 30 seats and all of the people on calendar head in to the adjoining meeting room.

3. The hearing begins. Trustee starts the calendar and introduces herself. She talks about what will occur at the meeting. The trustee states that she will call debtors individually and that she will question each for approximately 5 minutes. If creditors are present, they will be able to ask questions for 5 minutes per case per debtor. The debtor is to have their Social Security card and ID ready to show to the trustee when their name is called. She says that all payments into the Chapter 13 plan are to be made in cashier's check or money order. Debtors are not allowed to incur new debt. If you absolutely need to purchase a car for transportation, the trustee must approve how much you can spend on the car and approves the purchase contract. You can only sell or refinance your real property with permission of the trustee. Permission is only given to Title companies when in escrow. In other words, the deal must be already in place.

4. The Trustee calls the name of the first debtor. The debtor and their attorney comes up to the table. The attorney sits on one side of the table and the debtor on the other side. (Picture a long cafeteria-style table. The trustee and her assistants are sitting at the middle of the table facing the front of the room. The attorney and debtor are sitting at the far ends of the table opposite each other).

5. The trustee asks for debtor's ID and Social Security Card.

6. The attorney states his or her appearance for the record. (e.g. ""Leon Rountree, appearing on behalf of John Doe debtor"")

7. The Trustee swears in the Debtor: ""Do you solemnly affirm under penalty of perjury that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth""?

8. Trustee states for the record: ""I have seen the debtor's Social Security card and identification and Social Security number on the card matches the number on the petition.""

The trustee then asks the debtor the following questions:

9. ""Is your home address still: ""[Home Address]""?

10. ""And do you still work at [Place of employment] as an [occupation]""?

11. If the debtor owns a car and is keeping it:

""Is your car insured""?

""Have you made the necessary car payments""?

If the debtor is not keeping the car,

""Are you surrendering the car""?

12. ""Do you own any real estate""?

If yes,

""Have you made all the necessary house payments since the petition

was filed""?

""When did you make those payments""?

""Is the house insured""?

""Do you pay the property taxes directly""?

""Are the property taxes current""?

13. ""Have you filed all tax returns for the last five years""?

If not,

""When will they be filed""?

14. ""Do you owe any money to the IRS or the California Franchise Tax Board""?

15. If debtor has credit card debt,

""Have you destroyed all your credit cards""?

16. ""Do you believe that you can make monthly payments of [Chapter 13 plan

payment] per month""?

17. ""Did you review the bankruptcy petition and schedules before signing them""?

18. ""Is everything in the petition and schedules true and correct""?

19. Are there any creditors that wish to be heard in this matter?

If everything runs smoothly, the trustee states that she will recommend to the Judge that the Chapter 13 plan be confirmed.

That's it! When they say that it will last about 5 minutes, they usually mean it. The only exception might be if there are objections of some kind to the plan or a married couple is filing in which case the meeting may last a few minutes longer.

Disclaimer: The above is an example of what occurred on a particular date in my jurisdiction (Northern District of California, Oakland Division) at a Chapter 13 Meeting of Creditors hearing in (December, 2005). This may vary dramatically from what occurs where you live. Therefore, do not think that the way the meeting is presented above reflects what will occur in your jurisdiction. You should speak to your attorney about what occurs in your particular jurisdiction. This article is for informational purposes only and does not constitute legal advice. This article does not create any attorney client relationship. Copyright 2005, Leon H. Rountree III

About the author: Leon Rountree III, Esq. is a consumer bankruptcy attorney based in Oakland, California. His firm assists consumer and small business debtors in Chapter 7 and Chapter 13 bankruptcy cases. More information about bankruptcy and the firm can be found at his web sites located at: www.bankruptcyzone.com and www.leonrountree.com .

Take A Structured Settlement Or One-Time Lump Sum Payment?

2008-12-23T03:04:00.000-08:00

Author: Greg Smith

If you are involved with a legal decision, financial claim or insurance arrangement, the financing process to settle and resolve the claim can often take two forms. Either a one-time lump sum payment, or a long-term periodic series of deferred structured settlement payments. But which is best for your situation?

A structured settlement involves a financial or insurance arrangement which includes a periodic stream of payments, that a claimant or plaintiff accepts in order to resolve a personal injury claim or other legal case. They were first utilized in Canada and the United States during the 1970s as an alternative to lump sum payments and are now part of the statutory tort law of several common law countries.

A structured settlement is a deferred payment method for compensating injury victims, and is a voluntary agreement between the injury victim ( plaintiff ) and the defendant. The plaintiff will receive the monetary payout over the course of a number of years through this deferred payment agreement. Under a structured settlement, an injury victim does not receive compensation for their injuries in one lump sum, but rather, they will receive a stream of tax free payments designed to meet future expenses and living needs. This type of compensation method is becoming more popular in a wide variety of legal cases.

The benefits of a structured settlement over a lump-sum payment include the security of a guaranteed long-term income with deferred payments that are exempt from income taxes. The federal government encourages the use of structured settlements in personal injury cases. Structured settlements also attract support from plaintiff attorneys, state attorneys general, legislators, consumer and disability advocates.

Structured settlements can be ideally suited for cases with:

* Persons with disabilities * Guardianship cases that may involve minors * Workers compensation cases * Wrongful death cases * Severe injury case

Want to Sell Your Structured Settlement? Not everyone benefits from a long-term payment situation and some may want or need a lump sum instead. The owner of a structured settlement, such as lottery winners, medical, insurance, accident and lawsuit settlement owners, can often sell their rights to the deferred payment stream, in exchange for a one time lump sum payment from a variety of financial institutions. All situations are different, and as with any financial or legal issue, you should always consult your accountant and attorney.

About the author: Greg Smith publishes the informational web site on Structured Settlements at http://www.settlements-i.com/ . Visit the site for the latest on settlements of all types.

A Summary Of Recent State & Federal Appellate & Trial Court Decisions

2008-12-18T03:03:00.000-08:00

Author: Daniel Siegel

REPORTING DECISIONS THROUGH FEBRUARY 3, 2006

PENNSYLVANIA STATE COURT DECISIONS

1. CAUSES OF ACTION

1.1. Civil Remedies For Violations of State Constitutional Rights

? Commonwealth Court of Pennsylvania ? Jones v. City of Philadelphia No. 795 C.D. 2004 (January 25, 2006)

Holding: A city or other local government is not liable for monetary damages under Article I, Section 8 of the Pennsylvania Constitution for a claim of excessive force. Of note is the en banc Court's finding that the plaintiff failed to show that his rights against governmental use of excessive force were not sufficiently protected by the Fourth Amendment. Judge Smith-Ribner filed a dissenting opinion, in which she was joined by Judge Friedman.

1.2. Motor Vehicles Claims - Uninsured Motorist Actions

? Superior Court of Pennsylvania

? Pantelis v. Erie Insurance Exchange 2006 PA Super 1 (January 4, 2006)

Holding: An automobile insurer's acknowledgement of ""reasonable proof"" that a party is entitled to first party benefits does not preclude the insurer from later disputing whether the insured is ""legally entitled to recovery"" of third party benefits in an uninsured motorist claim pursuant to 75 Pa.C.S.A. § 1731(b). The Court notes that the payment of medical bills under Section 1716 can be ""triggered by something as simple as submission of a bill from a medical provider,"" whereas the ""legal entitlement to recovery of uninsured motorist benefits ... is based on the wrongful conduct of a third party.""

2. CIVIL PROCEDURE

2.1. Pre-Trial Procedure

? Commonwealth Court of Pennsylvania

? Wheeler v. Red Rose Transit Authority No. 874 C.D. 2005 (January 27, 2006)

Holding: A petition to reinstate a case dismissed under Pa. R.Civ.P. 230.2, filed more than 30 days after the termination order, will be granted only if there is a ""reasonable explanation or a legitimate excuse"" for the failure to file (1) the statement of intention and (2) the petition to reinstate within 30 days of its termination.

2.2. Professional Negligence Actions

? Superior Court of Pennsylvania

? Varner v. Classic Communities Corp. 2006 PA Super 2 (January 6, 2006)

Holding: A Certificate of Merit is required for professional liability actions, including those against architects. Although a Complaint may attempt to characterize a claim as sounding in ordinary negligence or negligence per se, because the claim is against a licensed professional, the plaintiff must file a Certificate of Merit. When a plaintiff fails to file the requisite Certificate of Merit, a judgment of non pros is warranted under Pa. R.Civ.P. 1042.1-1042.8.

2.3. Trial Practice (Voir Dire)

? Superior Court of Pennsylvania

? Capoferri v. Children's Hospital of Philadelphia 2006 PA Super 16 (January 31, 2006)

Holding: A trial court commits reversible error by denying counsel's request to ask prospective jurors certain questions during voir dire about their knowledge of or perspective about the alleged medical malpractice crisis, and the alleged flight of physicians from Philadelphia, in particular. The Court notes that its Opinion does not endorse any of the questions proposed by the plaintiffs and, instead, states that the trial court should have asked prospective jurors appropriate preliminary questions designed to detect whether any of the prospective jurors had been exposed to tort reform and/or medical negligence propaganda.

3. UNEMPLOYMENT COMPENSATION

3.1. Willful Misconduct

? Commonwealth Court of Pennsylvania

? ATM Corp. of America v. Unemployment Compensation Board of Review No. 1560 C.D. 2005 (January 23, 2006) Holding: An accounting department employee, who processes checks in and out of an employer's multimillion dollar account and who refuses to authorize a background check, is properly terminated for willful misconduct and is not entitled to unemployment compensation benefits.

4. WORKERS' COMPENSATION (ALL COMMONWEALTH COURT CASES)

4.1. Calculation of Self-Employment Income

? Acme Markets, Inc. v. Workers' Compensation Appeal Board (Brown) No. 1174 C.D. 2005 (January 3, 2006)

Holding: In determining a claimant's earning power, a Workers' Compensation Judge may consider a claimant's net income from self-employment, and is not required to rely solely upon the claimant's gross income. The ultimate determination must be based upon all evidence, including claimant's testimony and other sources.

4.2. Medical Expenses - Replacement of Orthopedic Appliances and Similar Items

? Zuback v. Workers' Compensation Appeal Board (Paradise Valley Enterprise Lumber Co.) No. 1173 C.D. 2005 (January 9, 2006)

Holding: Although the Workers' Compensation Act requires an employer to provide home modifications at the employer's expense, such modifications are limited to a one-time expenditure. The replacement of an orthopedic device, including a stair glide, is not an additional modification, however, and an employer is obligated to pay for such costs, which are the result of ""wear and tear.""

4.3. Retirement/Voluntary Withdrawal from the Workforce

? Hepler v. Workers' Compensation Appeal Board (Penn Champ/Bissel, Inc.) No. 1727 C.D. 2005 (January 11, 2006)

Holding: Disability benefits should be suspended when a claimant leaves the workforce. For disability compensation to continue following retirement, a claimant must show that he or she is seeking employment after retirement or that he or she was forced into retirement because of the work-related injury. When a claimant is forced into retirement because of a work-related injury, the claimant must show that he or she was forced out of not only the pre-injury job, but the entire labor market, or that the claimant continues to actively seek employment.

? Blong v. Workers' Compensation Appeal Board (Fluid Containment) No. 1569 C.D. 2005 (January 19, 2006)

Holding: A claimant who moves permanently to New Zealand has removed himself from the workforce, and an employer is entitled to a suspension of benefits.

4.4. Supersedeas Fund Reimbursement

? ConocoPhilips v. Workers' Compensation Appeal Board (Logan) No. 515 C.D. 2005 (January 19, 2006)

Holding: An employer is not entitled to Supersedeas Fund reimbursement for a ""deemed denial"" of a request for supersedeas. Once a claimant receives an award of a lump sum payment for retroactive compensation or specific loss benefits and that award is later reversed or modified, the claimant is not required to repay that money. Instead, an employer must resort to repayment from the Fund, provided supersedeas was denied prior to disbursement of the funds to the claimant.

FEDERAL COURT DECISIONS OF INTEREST

5. JURISDICTION

5.1. Diversity Jurisdiction - Banks

? U.S. Supreme Court

? Wachovia Bank v. Schmidt No. 04-1186 (January 17, 2006)

Holding: Although ""All national banking associations shall ... be deemed citizens of the States in which they are respectively located,"" pursuant to 28 U.S.C. § 1348, for purposes of determining citizenship for diversity purposes under 28 U. S. C. 1332, a national bank is a citizen of the state in which its main office is located, as set forth in its articles of association.

6. MOTOR VEHICLE INSURANCE

6.1. Bad Faith Claims

? U.S. District Court, Eastern District of Pennsylvania

? Harris v. Lumberman's Mutual Casualty Co. No. 05-CV-5228 (January 23, 2006)

Holding: Pennsylvania's bad faith statute, 42 Pa. C.S.A. § 8371, conflicts with the Motor Vehicle Financial Responsibility Law as to the remedies available under 75 Pa. C.S.A. §§ 1716 and 1797. Because the MVFRL is the more specific statute, it preempts the bad faith statute. In particular, the special provision, section 1797, preempts the bad faith statute, and a claim for statutory bad faith arising from the denial of first party medical benefits will be dismissed. Because section 1716 and the bad faith statute impose different remedies for different degrees of culpable conduct, i.e., unreasonable conduct under section 1716 and bad faith conduct under section 8371, the statutes are reconcilable. Accordingly, section 1716 does not preempt the bad faith statute and a claim for statutory bad faith arising from a carrier's denial of a claim for lost wages benefits will not be dismissed.

Remember, visit Pennsylvania Legal Research Links, and make www.palegallinks.com your home page for Pennsylvania research.

About the author: Daniel J. Siegel, an attorney in Havertown, Pennsylvania, has authored this newsletter since 1988. To subscribe, or contact Dan Siegel, go to Daniel J. Siegel.com or send an email to Subscribe .

An important part of lifetime planning is the Power of Attorney.

2008-12-17T03:03:00.000-08:00

Author: Jeffrey Broobin

An important part of lifetime planning is the Power of Attorney . Valid in all states, these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are ""springing"" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.

The person named in a Power of Attorney to act on your behalf is commonly referred to as your ""agent"" or ""attorney-in-fact."" With a valid Power of Attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the Power of Attorney be presented before your agent's authority to sign the title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the Power of Attorney to the title company. The same applies to sale of securities or opening and closing bank accounts. However, your agent generally should not need to present the Power of Attorney when signing checks for you.

Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a Power of Attorney. Another important reason to use Powers of Attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary (e.g., due to travel, accident, or illness) or it may be permanent.

If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, or committees, depending upon your local state law. If a court proceeding, sometimes known as intervention, is needed, than you may not have the ability to choose the person who will act for you. With A Power of Attorney, you choose who will act and define their authority and its limits, if any.

What if I move? Generally, a Power of Attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessary to sign a new Power of Attorney merely because you have moved to a new state, it is a good idea to take the opportunity to update your Power of Attorney.

Will my Power of Attorney expire? Some states used to require renewal of Powers of Attorney for continuing validity. Today, most states permit a ""durable"" Power of Attorney that remains valid once signed until you die or revoke the document. However, you should periodically meet with your lawyer to revisit a Power of Attorney and consider whether your choice of agent still meets your needs and learn whether developments in state law affect your Power of Attorney.

Note that Legal Helper Corp. provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions. - http://www.legalhelpmate.com/power-of-attorney.aspx

About the author: Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.

Website: Legal Helper Corp. Email: jeffreyb@legalhelper.ws

Living Will and Durable Power of Attorney for Health Care. What is the difference?

2008-12-16T03:03:00.000-08:00

Author: James Wood

A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery.

On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.

The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only applicable if the client is incompetent.

Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client's attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. (Find more information at: legalhelper.net/living-will.aspx)

Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent:

1.To direct disconnection of artificial life-support systems in the event of terminal illness;

2.To direct disconnection of artificial life-support systems in the event of irreversible coma; and

3.To direct discontinuation of artificial nutrition and hydration.

In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: legalhelper.net/power-of-attorney.aspx)

Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client's signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act.

The Living Will witnesses may not be the client's spouse, attending physician, heirs-at-law or person with claims against the client's estate. The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client's estate upon death under Will, Trust or operation of law.

People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate.

The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls.

Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client's primary care physician for inclusion in medical records.

Both documents are revocable through normal revocation procedures.

About the author: James Wood is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship. Website: LegalHelper.net (http://www.legalhelper.net/power-of-attorney.aspx Email: wjames@legalhelper.net

Accident attorney - Should you hire one?

2008-12-15T03:03:00.000-08:00

Author: David G. Hallstrom

The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.

You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

You say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don't you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will probably go to their shareholders or to increased salaries or ?. Why shouldn't you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That's great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side's insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can ""get away"" with paying much less than the claim may be worth. Additionally, what people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be ""ok"" by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.

About the author: Licensed private investigator for over thirty years, President of Resources For Attorneys. The detective agency represents over 1900 attorneys and the author has given several hundred seminars to attorney groups regarding private investigations, process serving, how to set up and operate a private law practice, etc..

Attorney General John Ashcroft Warns Activist Judges

2008-12-14T03:03:00.000-08:00

Author: Gary Revel

Recently U. S. Attorney General John Ashcroft said that activist judges were a threat to the national security of the United States of America. Most people who heard this let it fly right over the top of their heads. Some of us realized that it was a policy statement that should be understood as a warning to many.

When the executive branch of our government decides that someone is a threat to our national security that person is taken out. They can be killed or put away in some other less lethal fashion but they become useless to whatever agenda they had before.

I can recall how Judge Battle and Judge Miller died of 'heart attacks' after it was learned that they intended to give James Earl Ray the trial he had never had for his supposed assassination of Martin Luther King Jr. Nobody can prove that they were killed but many know that a trial on the matter would have shook the very foundations of this country. Many believe that such a trial would have been a threat to our national security.

If these two judges were taken out because of such a threat then it would have been a covert operation. Such an operation is done in such a way that it can never be proven that it happened. If we in the United States kill our own so effectively, who apparently get out of line, then how successful do you think those enemies that plot against us today will be?

There is a sad part of this that I must reflect on. Many will die or be affected in some other very negative way because of their ignorance, not really because they are a threat. Those who truly care about others can help educate the population on how to stay clear of that line whereby they could become a casualty of our war against terror.

About the author: Former Special Investigator of the assassination of Martin Luther King Jr. Writer, Recording Artist, and publisher of the ""HSCA Interviews with James Earl Ray"".

What is the difference between a power of attorney and a guardianship? Which is appropriate for someone with Alzheimer's?

2008-12-13T03:03:00.000-08:00

Author: William Hammond, J.D.

What is the difference between a power of attorney and a guardianship? Which is appropriate for someone with Alzheimer's?

A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.

A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.

This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.

Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).

A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individual's condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety. A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly. With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.

About the author: William G. Hammond, JD is a nationally known elder law attorney and founder of The Alzheimer's Resource Center. He is a frequent guest on radio and television and has developed innovative solutions to guide families who have a loved one suffering from Alzheimer's. For more information you can visit his website at http://www.BeatAlzheimers.com

Choosing a Mesothelioma Attorney

2008-12-12T03:03:00.000-08:00

Author: Maggie Kay

Filing a mesothelioma lawsuit is a long and dwindling process. Selection of a mesothelioma attorney whom you trust and have a good rapport with is very important.

If you are thinking about filing a mesothelioma lawsuit, you must meet with a variety of lawyers before making your final decision. Choosing from a long list of mesothelioma lawyers can be a daunting task, so here is a guide to help you through the process:

1. Start the Search

Look for a qualified mesothelioma attorney in the following places:

-Bar Associations -Martindale-Hubbell Law Directory (found in most public libraries) -Yellow Pages -Internet (many firms have their own sites)

2. Narrow Down the Field

Once you have found the names of some mesothelioma attorneys in your area, begin by contacting each firm by telephone for further information.

Describe your legal issue to each attorney and inquire as to whether he/she can handle your situation. Don't forget to ask whether there is a fee for an initial consultation, and the approximate cost to handle a mesothelioma lawsuit.

It is advisable to schedule appointments with two or three different attorneys before making your final selection.

3. Meet the Prospective Attorneys

The initial consultation is an opportunity for you and the lawyer to get to know each other. After listening to your case, the lawyer should be able to outline your rights and offer you alternative courses of action.

The initial consultation is the mesothelioma attorney's opportunity to explain what he or she can do for you and how much it will cost. You should not hesitate to ask about the attorney's experience in handling previous mesothelioma lawsuits.

Feel free to ask about the lawyer's fees and the likely results. If you are considering going beyond the initial consultation and hiring the lawyer, request a written fee agreement before proceeding.

It is also important to ask each attorney for a list of references that you may contact.

4. Making Your Decision

After each initial consultation, ask yourself the following questions about the mesothelioma attorney you just met:

-Did the attorney listen to me? -Was the attorney knowledgeable about asbestos law? -Did the attorney give me a firm understanding of my alternative courses of action? -Do I understand the range of possible results associated with each course of action? -Did the attorney seem trustworthy?

If need be, take notes after each consultation, indicating your initial reaction to the mesothelioma attorney you have just met.

About the author: Maggie Kay is a freelance writer from Montreal and is the head researcher and content manager of Mesothelioma Attorney Advice Center (www.maacenter.org).

The Attorney ~ The Latest Super Hero in a Society Gone Mad!

2008-12-11T03:03:00.001-08:00

Author: Lawrence X. Young

Are you looking for a career or want to take legal action? An attorney may be the the answer for you, (also known as a lawyer). Whatever the matter, attorneys help all individuals - people (and companies) in a court of law. Generally specializing, allow them to be proficient when it comes to the legalities within their selected field.

An attorney is a useful means, to represent your points across in a court of law. On the other hand, representation by an attorney, who knows their specialized area in law can assist you in winning the case in court. Based upon the situation that you find yourself in, you may be lucky enough to secure a pro-bono offer from an attorney. Pro-bono is a contract to assist a client on a fee free arrangement. This pro-bono proposal may come with clauses, stating that should the case be won, a predestined percentage of the money awarded will be passed on to the representing attorney. As well as, the attorneys may attract clients, from their obvious gesture of good will. So consult your attorney in detail in this situation.

Getting the services of an attorney may not be painless, especially when there is money for fees to be arranged. However, it is also not easy to become and be an attorney; it needs years of study, hours of work and never ending research to be current.

To become an attorney, candidate must have a bachelor degree of approximately three to four years duration in any field. Even postgraduate students have to study and attend law school for three years, in order to become an attorney. There are several options of fields at law school, most of the students choose the most popular general law degree and not specialize in anything. That leads to broadening their option for a wide range of case load. They can also take suggestions from your mentors.

In today's world, an attorney is one of the busiest and wealthiest occupations among others. With society's nonstop wanting to sue people for trivial things, the attorney is obviously reaping the profit of this trend. So for how long will this go on? For how long can an attorney be given super hero status at the expense of eliminating everything life has to offer us in fear of a lawsuit. Will this always be the case, is the question.

Lawrence X. Young has created the Attorney Resource Information site Fair Attorney

About the author: Lawrence X. Young has created the Attorney Resource Information site. Fair Attorney

The Importance of an Auto Accident Attorney

2008-12-10T03:02:00.000-08:00

Author: Mart Gil Abareta

If you or your love ones have been involved in an auto accident and suffered personal injuries, you may be entitled to compensation from the person who is at fault of the incident. You can then file an auto accident case which entitles you to an auto accident settlement. Basically, you'll need legal assistance from an auto accident lawyer to hold these reckless drivers, who have caused fatal or serious damages, responsible for their misdemeanors. You can ask your lawyer to help you get proper compensation for your injuries.

An experienced auto accident attorney can make you understand the basic grounds for filing your claim. Take note that auto accidents can involve car, truck or motorcycle accidents. A reckless driver can probably be charged with negligence. Fatigue is a major reason why auto accidents often occur. And it's the role of your attorney to prove that it's improper for a driver who has caused an accident to use his physical condition as an excuse.

Auto accident lawyers can help victims of the said accidents in getting compensation for their physical and financial damages, and pain and suffering. Auto accidents have become a leading cause of death all over the world. They are mainly caused by drunk drivers, reckless driving, and passengers who don't wear seat belts. Another unacceptable fact about these accidents is that many innocent pedestrians are being killed too. With this, their dependents can receive settlements that will cover medical expenses and punitive damages.

There are many ways on how to search an auto accident lawyer. One is through word-of-mouth or asking for recommendations. You can ask for recommendations from your friends, relatives and workmates who have been involved in auto accidents in the past. You can also go to lawyers who can recommend competent auto accident attorneys. Take note that these lawyers usually recommend legal specialists whom they trust and know their capabilities. From here, you can set an appointment with these lawyers to get to know them personally.

It is important that you're comfortable with your lawyer and vise versa. Remember that the two of you will back up each other towards the success of your case. You'll be together in preparing the relevant documents and developing truthful testimonies for your case. Your lawyer will evaluate the status of your case and give you various options. In an auto accident case, he will determine if you have enough injuries and evidences to support your claim.

About the author: This article by Mesriani Law was created for the sole purpose of propagating information that may be related to PI Los Angeles Attorneys, Lawyers and Law Firms and other industries to which it may be of interest.

Lariam Side Effects Attorney

2008-12-09T03:03:00.001-08:00

Author: Anna Henningsgaard

Mefloquine is an anti-malarial drug marketed under the name Lariam. Doctors are still unsure exactly how Mefloquine protects a patient from malaria, but it is generally theorized that it prevents the malaria parasite from breaking down a substance in the blood called haemin by making the haemin toxic to the parasite. However it works, it is the most effective anti-malarial drug on the market, especially in areas where the malaria parasite has grown resistant to more conventional malaria drugs. At first it was believed that mefloquine (Lariam) had a low incidence of side effects, but it turns out that only a fraction of the problems with mefloquine had been made public. As more travelers come out to tell horror stories of Lariam experiences, controversy rises about the pros and cons of taking mefloquine.

Malaria is a serious, sometimes deadly, parasitic infection that is transmitted through mosquito bites in many tropical regions of the world. Mefloquine, or Lariam, is the most often prescribed preventative for the disease. It is very effective at preventing the disease and is usually safe to take, but the adverse reactions that do occur are debilitating and possibly fatal. Forty-six people in Britain have already filed suits against the drug's manufacturer, Hoffmann-La Roche. Another 150 are in the process of doing so and more than 500 more have contacted lawyers leading to action. In America, the first Lariam lawsuit was filed by a 25 year-old Californian man who claims to have suffered crippling Lariam side effects for nearly 3 years.

The Yellow Card scheme, a system through which doctors abroad file concerns with the Committee on Safety of Medicines, reported 1505 adverse reactions to mefloquine between 1990 and 1998. Five of these cases resulted in death. This seems like a very small number until one considers the results of a 1996 survey finding that only 10.15% of suspected adverse mefloquine reactions are reported. The true incidence of negative side effects could be much higher.

So what are these side effects? Serious side effects to mefloquine include dizziness, depression, psychosis, epileptic seizures, fits, suicide, and Stevens Johnson Syndrome (SJS). SJS is a rare but often fatal skin disease. A 7 year-old girl died of Stevens Johnson Syndrome just this year after taking Lariam for a family vacation. According to its own internal documents, Roche pharmaceuticals has received over 3,000 reports of psychiatric problems associated with Lariam, from nightmares, depression, hallucinations, to paranoia, psychosis, and aggression. Lariam was also a suspected part of the Fort Bragg murders in 1992, when four army officers on leave from Afghanistan (where they were prescribed Lariam) killed their wives on an army base in South Carolina. Two of the officers then killed themselves.

Roche Pharmaceuticals insists that only one in 10,000 patients suffer debilitating side effects from taking Lariam, but a British survey found that the number is closer to one in 140. It turns out that Roche defined a debilitating side effect as one that resulted in death. In fact, it can take years for the serious side effects, such as seizures and psychotic paranoia, to wear off. Hundreds of people return from vacations only to be committed to asylums or sit at home collecting disability checks.

Part of the reason that Lariam is still so widely used is that only about 10% of those suffering from Lariam side effects have spoken up. If you or someone you love has taken Lariam and experienced any of this, contact a lawyer immediately and discuss your options. Though Roche Pharmaceuticals has improved the warnings on its packaging, it still does not own up to the worst of Lariam's side effects, and for many years the drug was marketed without serious warnings at all. GA

To find out why you need a

Lariam lawyer and read articles about dangerous drugs and

Lariam side effects , visit our website at hugesettlements.com.

If you have any questions or concerns about filing a Lariam lawsuit, please contact a professional

Lariam attorney right away!

About the author: None

A Structured Settlement May Be What You Need

2008-12-08T03:03:00.001-08:00

Author: Ken Austin

A structured settlement is usually an annuity set up for recipients of a financial award, normally due to litigation involving an injury or accident. If you are receiving periodic payments from a structured settlement or annuity, you may be interested to know that you can sell part or all of your remaining payments. Selling structured settlements is legal in all states.

You may need court approval in order to sell your payments, but it is your right to receive a lump sum of cash for your structured settlement if you so choose. Many people have found that the small monthly or periodic payments they are receiving are not enough to meet their financial needs or achieve their financial goals. Selling your structured settlement can give you the cash you need to realize your dreams.

You can use the cash for any reason you see fit. Remodeling, starting a business, college education, or any other reason you may have. You do not have to sell all your remaining payments. You can sell a certain number of payments, or you could sell a portion of each of your remaining payments.

You can contact the professional of your choice to help you analyze your situation and your needs, and determine how many payments you would like to sell. The large lump sum you receive in exchange can be a life-changing experience.

Selling your structured settlement is a simple process. You can apply online and a structured settlement expert who will give you an estimate of how much money you could receive in one large lump sum will contact you shortly.

Structured settlements often seem like a great idea until you realize that the small monthly payments do not make a big difference in your overall financial situation. Check into selling some or all of your remaining payments and you could have cash in your hand very soon.

About the author: Ken Austin is the webmaster at

Structured Settlement Tips and

Structured Settlements and Annuities

The Role of a Medical Malpractice Attorney

2008-12-07T03:03:00.001-08:00

Author: Richard Romando

When a client files a claim for malpractice, it is the medical malpractice attorney's job to secure him or her damages for the pain and suffering which resulted from a doctor's negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state.

There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment.

Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered.

Medical malpractice attorneys must be aware of the specific medical malpractice "statute of limitations" governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice.

Oftentimes, in cases where malpractice attorneys are successful is producing compensatory and punitive damages for a client, malpractice payouts can reach into the millions or dollars, depending on how profound the suffering of the victim is determined to be. Obviously then it is in a victim's best interest to procure a medical malpractice attorney who is well-versed in the malpractice laws of the state where he or she resides.

About the author:

The job of a divorce attorney

2008-12-06T03:03:00.001-08:00

Author: Michael Sanford

Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Divorce, or dissolution, as it is increasingly becoming known, is a process that legally terminates a marriage no longer considered viable by one or both of the spouses, and that permits both to remarry. All options for reconciliation are taken before a decision is made to go to a divorce attorney. But when everything fails, the divorce attorney takes over and the legal process of divorce takes place.

How is divorce different than annulment? As any divorce attorney will explain, annulment voids the supposed marriage. This means there is not marriage to begin with. A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate, as defined by a divorce attorney. These include marriages of the underage or the insane, or a marriage procured by fraud. Sexual impotency existing at the time of marriage also gives grounds for annulment according to any divorce attorney.

Divorce, however, recognizes the existence of the marriage and dissolves it on the given grounds, which are contested by the divorce attorney. Grounds for divorce are adultery, unreasonable behavior, or a lengthy time apart. Once the case is file, it is the divorce attorney's job to confirm the complaint and proceed to the divorce court hearing.

What takes up most of the time of a divorce attorney is the distribution of conjugal property. In ""community property"" states, the courts recognize both spouses as owning a 50 percent interest in any assets acquired during the marriage (except for items obtained as gifts or inheritance.), which will need to be divided between the two persons and enforced by the divorce attorney. Likewise, debts are the responsibility of both parties. In a divorce action one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. Often a court will order the transfer of property, such as the matrimonial home, from one party to the other on divorce; this is particularly common where there are children from the marriage who are of school age. The custody of any children may be awarded to either spouse, with an arrangement made for visiting rights and support of the children by the divorce attorney. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents rather than in a court and the divorce attorney.

During all of this process, the divorce attorney becomes the legal representative of the husband or wife in court. All meetings or agreements should be made with their divorce attorney present at all times. This lessens the possibility of violence, especially when the grounds of the divorce are adultery. The divorce attorney keeps the parties civilized and help quicken the process even more. The divorce attorney should not be seen as the villain during such procedures because it is their job to work as mediators.

A divorce attorney's work is not done until the assets and liabilities of both parties have been resolved. This includes overseeing the enforcement of the court's ruling on the division of assets, visiting rights and custody for the children. With the time spent on each case, a divorce attorney must maintain composure despite his or her views on marriage. There is a possibility that a divorce attorney can lose his or her faith in the institution of marriage after a while.

About the author: For more legal information please visit http://www.lawyer-and-attorney.com

When You Need a Personal Injury Attorney...

2008-12-05T03:03:00.001-08:00

Author: Peter Peckham

We've all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person's actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.

Types of Personal Injury.

Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.

The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.

What to do next.

If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim.

The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.

Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death.

About the author: Peter Peckham is a freelance author from Wilson, North Carolina. For examples of other articles, see www.a1-personal-injury-attorney.net

Should you hire an accident attorney

2008-12-04T03:03:00.001-08:00

Author: David G. Hallstrom, Sr.

You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes .

About the author: David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including

http://www.resourcesforattorneys.com a legal and lifestyle resources directory for attorneys, lawyers and the internet public.

Why You Need a Durable Power of Attorney, Now!

2008-12-03T03:03:00.001-08:00

Author: John Pollock

Planning for unfortunate events such as serious illness or injury is rarely on anyone's list of favorite pastimes. Sometimes, though, enduring the small discomfort that may accompany preparing for the unexpected will avoid untold anguish on the part of your family and friends. This is certainly the case with the Durable Power of Attorney, an often simple document that becomes so very important if sickness or injury renders you unable to take care of your own affairs.

Power of Attorney Defined

A Power of Attorney is a document in which you (as the ""Principal"") allow someone else (the ""Agent"" or ""Attorney-in-fact"") to act legally on your behalf. The Power of Attorney may be limited to very specific actions that the Agent is authorized to take on your behalf. On the other hand it may give the Agent very broad powers. In either event, the Agent you appoint in the Power of Attorney should be someone that you trust without reservation. That could be a family member, an advisor, a trustworthy friend or a bank or similar institution.

The ""Durable"" Power of Attorney

The significance of having a ""Durable"" Power of Attorney is best understood if you know what can happen with the plain old garden variety of Power of Attorney.

If you sign a Power of Attorney that is not ""durable,"" the document remains effective only while you are alive and competent to handle your own affairs. If you become incompetent or die, the Power of Attorney is automatically revoked by law and your Agent is no longer able to act on your behalf. This prevents a Power of Attorney from becoming irrevocable inadvertently, and, until recent times, it was the only way a Power of Attorney could be prepared.

The non-durable Power of Attorney has limited usefulness for family and estate planning purposes, though, because the Power of Attorney is often most needed when you have become incapacitated! That is when you really need someone else that is able to make legal decisions or take other actions on your behalf.

All fifty states now permit the use of a ""durable"" Power of Attorney that is not revoked simply because the Principal becomes incapacitated or mentally incompetent. This makes the Durable Power of Attorney a far more reliable document, particularly for family and estate planning purposes, since you may now authorize your Agent to act on your behalf even after illness, injury or other cause has rendered you unable to manage your own affairs. Even with a Durable Power of Attorney, however, the Principal's death causes an immediate revocation of the document and termination of the powers that are given to the Agent

A Matter of Convenience

The Durable Power of Attorney is often used as a matter of convenience.

Suppose, for example, you have your home listed for sale. You have also planned a long awaited trip to visit Aunt Trixie in Deadwood, South Dakota, and you are concerned that an interested buyer may come along while you are on the road. A Durable Power of Attorney would be handy here to appoint someone you trust to act in your absence to negotiate the sale and sign any documents that are needed to make the deal binding.

The Durable Power of Attorney could be prepared so that it is effective only until the date you plan to return from your trip, and it might describe specific terms that your Agent must include in the sale, such as the minimum sale price that is acceptable to you.

A Matter of Protecting Loved Ones

What happens if, from illness, injury or another cause, you become physically or mentally incapacitated to the point that you are no longer able to handle your own legal affairs?

Let's suppose again that while you are incapacitated it becomes necessary to mortgage your home to pay your medical bills. Who will sign the mortgage? Even if your home is jointly owned with your spouse, he cannot obtain a mortgage without your signature. In those circumstances it would be necessary to request the local probate court to appoint a guardian for you that has the power to handle your legal affairs. In many states, this type of guardian is referred to as a ""conservator"". Included in the conservator's powers might be the power to borrow money and sign a mortgage on your behalf making it possible to obtain the funds needed to pay the medical bills.

However, you may have heard that it is advantageous to avoid probate whenever possible, particularly if there is a good alternative available. The delay and expense associated with probate proceedings and the fact that they are conducted in the probate court, a public forum, make that good advice in most circumstances. And there is a better alternative than probate, but it requires you to act before the incapacity arises - you need to sign a Durable Power of Attorney.

When used in this estate planning context, the Durable Power of Attorney is generally worded very broadly to give your Agent the power to step into your legal shoes in almost any circumstance. In effect, you tell your Agent ""You can do anything I can do."" Now, if you have prepared the Durable Power of Attorney and then become incapacitated, no one has to go through a probate proceeding to appoint a guardian or conservator to act for you - you have already given your Agent the power to do so. As you can see, the Durable Power of Attorney can save precious time and expense in critical situations and avoid having your personal affairs become the subject of a public proceeding.

Appointing a Successor Agent

It is often a good idea to appoint one or more successor Agents. The Agent you appoint in your Durable Power of Attorney may die or for some other reason become unable or unwilling to act as your Agent. In that case, you may be left without someone to act for you when you most need that assistance.

Appointing successors to your first choice of Agent helps insure that someone is always available to handle your affairs. Of course, each successor that you appoint should be someone that has your complete trust.

Revoking a Power of Attorney

As long as you are competent, you have the power to revoke your Durable Power of Attorney. To do so, send written notice to your Agent notifying him or her that the document has been revoked. Once the Agent has notice of your revocation, the Agent may take no further action under the Durable Power of Attorney. However, your revocation will not undo any permissible actions that the Agent has taken prior to being notified that the Power of Attorney has been terminated.

You must also notify third parties with whom your Agent has been dealing that the Durable Power of Attorney has been revoked. For example, if the Agent has been dealing with a stockbroker, you must notify the stockbroker as soon as possible. Do this in writing, as well, and do it immediately. Third parties who do not receive notice of the revocation are entitled to, and probably will, continue to rely on the Durable Power of Attorney.

Making the Durable Power of Attorney Effective upon Incapacity.

It is possible to have a Durable Power of Attorney that only becomes effective if and when you become incapacitated. This document is referred as a ""springing"" Durable Power of Attorney because it ""springs to life"" on the occurrence of a future event - your incapacity. The document should include a detailed definition of ""disability"" to make clear the circumstances in which your Agent may act on your behalf.

Knowing that your Agent is unable to exercise his or her powers until you are actually unable to do so yourself may make using the Durable Power of Attorney more comfortable for you. Unfortunately, even with a good definition of incapacity in the springing Durable Power of Attorney, your Agent may find that third parties are simply not willing to make the judgment that you are indeed disabled. If they are wrong, they may be held liable to you for any damages that you sustain as a result of the error in judgment. You may therefore find the springing document cannot be relied upon in all circumstances.

Don't Procrastinate!

Estate planning is easy to put off. But don't ! Advance planning, such as executing a Durable Power of Attorney, may make a horrible circumstance for you and your family just a bit more bearable.

About the author: John Pollock has practised as an attorney in the Detroit, Michigan area for the past 25 years. His practice focuses on estate planning, tax and small business matters. John is also the webmaster of http://www.forms-free-4-all.com a site offering free legal forms such as durable powers of attorney, wills, bills of sale, business plans and many others. His website also provides easy to understand explanations of the forms and relevant law.

Have you ever thought about the importance of an Attorney and the crucial role he plays in our lives?

2008-12-01T03:03:00.000-08:00

Author: John

I am businessman in California and I often need legal assistance for the same in matters involving my dealers, clients, my creditors and many more. I was on the look for a perfect lawyer to take care of my business and personal issues as such.

My search was fruitful when I met Mr. John F. Bradley Jr, who was one of the very few experienced attorneys in California. He's a proud member of the Better Business Bureau, Silicon Valley. He is one of the very few court appointed arbitrator/mediator in California.

With all his experience behind him he proves to be one of the best attorneys in the state today. And to have someone like him as my personal lawyer and legal advisor is something a few people could have ever dreamt of.

Visit www.jfbatlaw.com for further details.

About the author: None

Selecting a Divorce Attorney

2008-11-30T03:03:00.000-08:00

Author: Jean Mahserjian

Selecting a divorce attorney is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights. In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.

There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation? There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.

So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.

AFter you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.

After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.

When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about ""results"".

Make sure you ask each divorce attorney questions about how that attorney's office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.

After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.

For more help and information on this topic, visit our site at: http://www.millenniumdivorce.com

About the author: Jean Mahserjian has been practicing law for almost two decades, with much of that time devoted to practicing family and divorce law. She has authored numerous books, articles and websites devoted to assisting consumers through this difficult process. The focus of her websites, like the focus of her practice, is to arm consumers with knowledge so that they can make their own decisions about what is best for their families in the divorce process.

Mesothelioma Attorney - Making A Right Choice

2008-11-29T03:03:00.000-08:00

Author: Kirsten Hawkins

Experience Is the Key Factor

Mesothelioma attorney is the most important person from your point of view when you decide to file a mesothelioma lawsuit to recover compensation for the damages occurred due to diseases related to asbestos exposure. When choosing a mesothelioma attorney, you should keep it in mind that experience of the lawyer is the most important factor. You should not hesitate to ask the number of cases handled by the mesothelioma attorney. You may ask him how many of these were settled and what were the results of those cases that went to trial. Directory and websites of attorneys who are specialized in handling mesothelioma lawsuits are also available to help you to select a right mesothelioma attorney.

Mesothelioma Attorney Different methods of charging fees and costs

Besides the experience, the second important point is the lawsuit fees and the costs charged by mesothelioma attorney. The best combination of the experience and the costs will help you in the selection of right mesothelioma attorney for your lawsuit. As a cost cutting measure, your mesothelioma attorney may take the help of junior attorney or paralegal personnel. You yourself can copy, pick up, deliver documents, or perform other menial tasks thereby saving both time and money. Mesothelioma attorney may charge firm and fixed fees for a specific task. Contingency fee is also a very good arrangement. In this arrangement, you pay a percentage of money you receive as compensation. If you do not get any compensation then your mesothelioma attorney collects no fees.

When you first meet the mesothelioma attorney, what impression does they leave on you also help you in choosing the right one. You should be comfortable with your mesothelioma attorney. If he or she understands your point well then there are more chances that they may put it before the judge in a better way. If they are more interested in bargaining rather than listening to your story it is better to look for another mesothelioma attorney.

Documentary evidences required

Mesothelioma attorney should have required expertise with mesothelioma case to move forward the litigation through courts. They have to prove that you were exposed to asbestos particles while performing your job. The mesothelioma attorney also has to prove that the negligence of your employer is the cause of your mesothelioma disease. Your mesothelioma attorney may use your employment and tax record as evidence to prove the time and place of exposure to asbestos.

About the author: Kirsten Hawkins is a asbestos and mesothelioma specialist from Nashville, TN. Visit http://www.asbestosblog.org/ for information on asbestos reform, mesothelioma lawsuit news, and more.

Finding the Right Attorney

2008-11-28T03:03:00.000-08:00

Author: James Monahan

Legal matters can be downright confusing especially to lay men who have not even heard, much less understand most of those deep legal mumbo jumbo that attorneys use inside the court. People facing legal dilemmas of business or personal nature need attorneys to help them make better decisions on the subject.

With attorneys present, all pertinent details regarding the legal matter can be explained to them including sensitive issues like monetary liabilities, conviction and of course the client's rights.

It is, however, a reality that some attorneys switch sides especially during sensitive money issues especially if they are being offered additional compensation for their trouble. It is for this reason that you should be careful in choosing the attorney who will be representing you.

Here are some tips in finding the right attorney to represent your interest.

Ask for referrals

Searching on your own for a reliable attorney can be harrowing especially when you are not really much into legal matters. Short of searching for names in the periodicals, you can ask your relatives, friends and even colleagues for referrals. For sure, they have one or two names that they can think of or better, attorneys that they worked with before. This will ensure that you will be getting an attorney that somebody you know has already worked with and can therefore give a valid opinion about his credentials and capabilities. Having worked with someone you know, at least you can be assured of their character and their commitment.

From the names given to you, you can then choose for the attorney that you think will best represent your interest in the legal case you are fighting for. This is very important as you will have the chance to choose from some of the best attorneys that you have.

Ask for references

Before hiring an attorney, you can ask for some references, people who will attest to their character. References may be clients who they have handled in the past or people who have had dealings with them. It is actually even better if clients are given as references, not only those who have won the cases but also those who lost. This way, you will be able to get an overall picture of the type of work that the attorney has.

About the author: James Monahan is the owner and Senior Editor of

Selling a Structured Settlement

2008-11-27T03:02:00.000-08:00

Author: David Springer

What is a structured settlement?

Types of Structured Settlements

Designated Period / Period Certain Annuities: Annuities with a designated period of time for the payments to be paid out. They can be made monthly, quarterly, semi-annually, annually, etc. Upon your death, all remaining payments are made to you beneficiary.

Life Annuity: Periodic payments for a guaranteed number of years (based on your life expectancy) or for life, whichever is up first. Again, the beneficiary receives any remaining payments should you die before the full amount is paid.

Temporary Life Annuity: Pay you for a designated number of years if you are still living, so your annuity ends when you die. There's no provision for a beneficiary to collect remaining payments.

Life Contingent Lump Sum: You'll receive a lump sum, provided you are alive on the due date. If you die before this date, your beneficiary is not entitled to the amount.

Lump sum: You can set it up to receive the lump sum on a particular date, say, fifteen years from now. Your beneficiary will receive the lump sum on the future date if you have died before then.

The Details

So, even if your situation changes down the road, your payments will not. That's why it is extremely important to be thorough and careful when creating your payment schedule.

Inadequate Payments

Deciding to sell

Will I get the full amount that I would receive over a period of time?

Court Order

Selling Options

You do not have to sell the entire remaining amount, or any particular amount, if you so wish. Here are your selling options:

Full amount: The purchaser calculates the present-day value of the payments and offers a lump sum

Part of the payments: Only a specific number of the future payments are sold at their present-day value

Percentages: You may sell a percentage of each payment and keep the remaining balance for yourself

Pitfalls of Selling

Benefits of Selling

About the author: David Springer is a consultant for Sovereign Funding Group. Sovereign Funding Group is an experienced, reputable company that offers convenient, no-risk services to help you with the selling of your deferred payments and business financing including structured settlements .

How To Find A Good DUI Attorney

2008-11-26T03:03:00.000-08:00

Author: Lawrence Taylor

In making the important decision of which attorney to have defend you, the following should be considered:

b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?

c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.

e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is ""A-V."")

f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?

g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)

About the author: Lawrence Taylor is the senior member of an AV-rated law firm of California DUI lawyers practicing drunk driving defense exclusively.

Bankruptcy Attorney - Utilizing their Expertise and Choosing the Right One

2008-11-25T03:04:00.000-08:00

Author: Dean Shainin

Bankruptcy can be the biggest burden to an individual, small business or a multi million dollar corporation. Bankruptcy is a condition where the business cannot meet its debt obligations and petitions as well. In the action, the debtor pays his property to the creditors. This action is maybe voluntary or involuntary, and conducted as prescribed by the National Bankrupt Act. When this happens, there should be no worries because there is a bankruptcy attorney to help you to set your assets in order, and smoothly take care of the files for bankruptcy.

Finding a lawyer for this kind of devastating problem is relatively easy. Bankruptcy attorneys specialize in bankruptcy law and can provide legal methods for an individual or commercial enterprise to either wipe out the debts by liquidating assets and distributing them among creditors or resolve them by developing a court approved reorganization plan, or the plan or other plan involving the repayment of the creditors over time.

Bankruptcy attorneys explain the applications of bankruptcy laws and its applications. Including how they function to relieve individuals and businesses from indebtedness and provide a fresh financial start. Title 11 of the United States Code or the bankruptcy code regulates the bankruptcy proceedings, including what chapter under which a debtor may file, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details regarding the bankruptcy.

If the debtors or their lawyers set off the bankruptcy it is called a voluntary bankruptcy. If the creditors or their attorney initiate the bankruptcy it is called an involuntary bankruptcy.

Of course, no one wants to settle with a bankruptcy attorney that could do nothing. There are 13 tips on how you can choose the best attorney who can handle bankruptcy.

1. Never dawdle. Don't find a legal helper that lingers on your case. Waiting until the last minute won't give you the time you need to find a good attorney. And it won't give a good attorney enough time to adequately prepare for your case.

2. Never just ask any friends of yours for referrals. It should take a friend who has undergone bankruptcy for her or him to lead you to a good and eligible legal helper.

3. Always ask for suggestions from legal professionals. Find a bankruptcy lawyer at the circle of your acquaintances. If you have a personal attorney, start there. Keep in mind, however, that bankruptcy law is a specialty, so if your lawyer offers to handle the case as part of your usual retainer, make sure he knows his way around bankruptcy court.

4. Investigate certifications. Attorneys must be certified by the American Bankruptcy Institute. He should meet the standards in order for him to be certified.

5. Spend a day at a bankruptcy court. Observing the attorneys in action can give you an idea of the lawyer you want representing you. At the court you also can find out which locals specialize in this form of law. And you can get a chance to talk to the debtors and can ask them whether they felt their lawyers did a good job.

6. Check out the law firms. You should know how organized the law court is. This appraisal gives you vital clues as to how a lawyer should handle a case.

7. Find out who sits on local court panels. Be aware of the names and positions of the ones who sit on the panel.

8. Ask questions. You should ask the lawyers these following questions.

* What time frame do you have for this bankruptcy?

* How much access will I have to an attorney during my bankruptcy filing?

* If I'm not working directly with you (the lawyer), who will I be working with?

* How many of those bankruptcies are consumer or personal rather than business filings?

* Can I interview the person with whom I would be working with?

* How many bankruptcies do you handle in a month or in a year?

9. Evaluate the responses. Because bankruptcy law is a volume business, the time you'll actually be working with a specific attorney may be small. In fact, with most consumer bankruptcies, the client works with a clerk or a paralegal; your actual attorney won't come into play until your day in court.

10. Understand your role. Be attentive and always bear in mind that you are part of the picture. Be able to identify your roles.

11. Don't hire the cheapest bankruptcy attorney. You will be putting yourself to an even more cost if you do not have enough budget for an attorney.

12. Get fee specifics. Be able to know the amount of money it is going to cost you. What is included in the lawyer's fee, and what is not?

13. Stay involved. Don't be contented with your lawyer alone. Double check your filings.

When you're hiring a bankruptcy attorney, you should remember that it's not just who you know, but what you know and what you're willing to learn.

About the author: Dean Shainin offers online

Bankruptcy and debt advice. For more information, articles, news, tools and valuable resources on bankruptcy and debt solutions, visit this site:

File Bankruptcy

Arthritis Drugs Celebrex-Vioxx Safety in Doubt

2008-11-24T03:03:00.001-08:00

Author: Margot B

"Arthritis drugs Vioxx, Celebrex safety in doubt"

In doubt and may not be as safe as previously thought. Research earlier this year has shown that these drugs increased the risk of heart attacks although a relatively low risk, over those taking a pain reliever. The FDA is debating whether to add information about the increased risk on both drugs' labels. One Wall Street analyst has warned that this problem could have an adverse effect on Merck, the drug company responsible for these drugs be placed on the market - along with Pharmacia, which makes Celebrex, generating $2.3 billion in 12 months to March 31 of this year, Merck having sold $1.7 billion Vioxx during the same 12 months.

Studies done last year showed that patients taking Vioxx had four times the risk of heart attacks over patients taking Naproxen - another pain reliever. Naproxen is also sold under the brands names of Naprosyn and Aleve. The risk of heart attacks increases over time, at about four heart attacks per 1,000 patients. This study was sponsored by the Merck company, which also stated that their research does not show this problem of increased heart attacks with Vioxx.

These two drugs are among the best-sellers of prescription drugs in the world. They cause fewer ulcers that many other drugs given for pain. Richard R. Stover, a pharmaceutical industry analyst at Arnhold & S. Bleichroeder Inc, reported on April 27 that he did his own analysis on what he called "disturbing data" from Merck's study. He stated that he was warning his clients, many of whom were institutional investors holding stock in Merck, that they should watch the issue carefully because it could effect the company's stock price. Dr. M. Michael Wolfe, chief of the gastroenterology section at the Boston University School of Medicine and a member of the FDA advisory committee stated that there should be a warning, after a review of the issue earlier this year, stating that "The marketing of these drugs is unbelievable, I'm sure there are many people out there who are taking these drugs that should not be."

There is a current debate going on between some doctors and Merck's scientists as to whether the higher risk of heart attacks is a result of Vioxx causing damage in some patients or to an absence of the benefits that Naproxen may have in protecting the heart, that Naproxen stops or slows the production of thromboxane, which is thought to cause platelet in the blood to form clots, similar to the aspirin effect.

Vioxx and Celebrex have been shown to have the same benefit in protecting the heart.

Several doctors say they are worried about the possibility of heart attacks because many of the arthritis patients taking the drugs are elderly and have a higher risk of cardiovascular problems to begin with. The current debate centers on whether the higher heart attack rate found in patients taking Vioxx is a result of the drug's actually causing damage in some patients or to an absence of the heart-protecting benefits that Naproxen may have.

"Naproxen had a similar anti-platelet effect to aspirin," said Dr. Eve E. Slater, senior vice president of external policy for Merck's research labs, "and those people had fewer heart attacks."

Neither Vioxx nor Celebrex has been shown to have the same heart-protecting benefit.

Slater also said that Stover's report was flawed and biased in favor of Pharmacia. But regulators and some doctors say they still worry that there may be more of a problem with Vioxx. And even if Vioxx and Celebrex do not damage the heart, the fact that they do not have the heart-protecting benefits of aspirin reduces the ability of the companies to market them as being significantly safer than other pain relievers. Merck recommended last year that doctors involved in clinical trials of Vioxx consider prescribing low doses of aspirin to patients taking Vioxx if they are at high risk of heart attacks - although low doses of aspirin could increase the risk of ulcers. Ulcers are the main side effect that Vioxx and Celebrex were developed to avoid.

There have been no studies done to determine whether patients have fewer ulcers if they take low doses of aspirin with either Vioxx or Celebrex. In February Dr Maria Lourdes Villalba, at an FDA advisory meeting, stated that Merck had proved Vioxx [Rofecoxib] caused fewer serious ulcers than Naproxen. However, she also state that the potential safety advantage was offset by a higher risk of heart problems,in her opinion. She reported that "Overall, there was no safety superiority of Rofecoxib over Naproxen, mainly due to an excess of serious cardiovascular events".

Dr Villalba also stated that there had been no studies to prove Merck's claim that Naproxen worked like aspirin in decreasing heart attacks. The FDA expressed some concern over the higher rate of heart attacks with Vioxx, stating that this could be caused by the drug's ability to produce blood clots.

"There is still a tremendous benefit with these drugs" reported Dr Eve Slater of Merck.

About the author: Margot B, Writer, Web Developer Margot B has written a book and hundreds of articles, specializing in health and the environment.

mailto:margotb@wonderport.com Web Sites by Margot B: http://margot.bravepages.com http://margotsnews.gossimer.net http://websitebuilder4free.Biz-Page.com http://www.freewebz.com/nuchatlaht

SEO Case Study: Attorneys Chasing Vioxx Organic Search Ranking

2008-11-23T03:03:00.001-08:00

Author: Mike Banks Valentine

Last week the drug manufacturer Merck pulled their pain relief medication Vioxx (rofecoxib) from the market due to studies linking higher incidence of heart attacks and strokes to long term use of their medication. The highly profitable medicine was aimed at Rheumatoid Arthritis sufferers and others who weren't able to stomach aspirin, which is arguably more effective than Vioxx is for most pain relief.

Top search engine rankings for the trademarked word ""Vioxx"" were dominated by Merck-owned web site http://www.Vioxx.com as of September 30, 2004. The site is likely to keep that ranking now that hundreds of thousands are flocking to the search engines and typing in ""Vioxx"" to learn if they or their loved ones are at risk of heart attack from taking the medication.

News organizations are all linking to http://www.Vioxx.com site from online news stories about the health concerns and financial repurcussions to Merck of the sudden recall. Merck has run full page ads in top newspapers nationwide addressing the sudden action and sending those millions of readers to the http://www.Vioxx.com site and http://www.Merck.com site to read disclaimers and learn how to get refunds for the medication they already have in their medicine cabinets. The inbound links will soar at a point when they probably want it most so they can present their case to web visitors.

Taking the second position is the FDA page outlining the recall and linking to more info at the FDA site http://www.fda.gov/cder/drug/infopage/vioxx/default.htm Third place for the single word ""Vioxx"" also belongs to an FDA page and fourth and fifth positions are owned by a site that appears to be a drug index at http://www.rxlist.com/cgi/generic/rofecox_ad.htm

Sixth place is currently held by http://www.medicinenet.com/rofecoxib/article.htm at a medical site that dominates for many drug and medical terms due to extensive discussion boards and informational pages about thousands of medical conditions and their treatments. Seventh through tenth position are CNN's news story on the recall, then Yahoo News with a similar story, two online pharmacies with curiously blank pages. Try to sell Tylenol from those pages guys - don't waste the traffic with blank pages!

Pay-per-click advertisements were posted by agressive class action attorneys to run alongside organic search rankings and appeared immediately on the day of the recall announcement. The first search for the word Vioxx done at Google on Friday October 1st brought up an advertisement for http://www.Vioxx-heart-attack.com as the first result in the Adwords listings along the right side of the page. The bids were below a dollar a click on Friday, but are rapidly escalating as ever more law firms jump into the bidding war.

The real test comes now for organic search engine optimization firms as they set out to gain top rankings for their class action attorney clients. Interestingly, I've just finished reading the John Grisham novel, ""King of Torts"", about a young ""mass torts"" attorney that made over an hundred million dollars by being the first to run nationwide television ads seeking clients injured by a faulty drug manufactured by a giant pharmaceutical company. Although the protaganist in the story has a web site to collect leads, nothing is mentioned of PPC advertising nor is it likely to be discussed in novels.

In ""King of Torts"" nothing is ever mentioned about organic search engine ranking of his web site either. Settlement seems to have come faster than would be possible to gain top rankings for a highly competitive search phrase. It will be extremely interesting to watch domain name sales related to Vioxx, since keywords in domain names always help rankings. Some that are showing up in PPC ads include the previously mentioned Vioxx-heart-attack.com, Vioxx-side-effects.com, Vioxx-Claim.com VioxxRecallLawyer.com and Vioxx-Lawsuits.com.

As of October 4th, 2004 the only NON-news related site in the top organic results at Google that are NOT online pharmacies, government agency sites, NIH (National Institutes of Health) or an information site http://arthritis.about.com/od/vioxx/ is a site that emphasizes giant class action lawsuits at http://www.bigclassaction.com/class_action/vioxx.html which has a PageRank of 5 as of October 4th at 5pm Pacific time.

The final ranked site of top 30 for the single word ""Vioxx"" at Google is the legal information site Findlaw in their class action section at http://injury.findlaw.com/vioxx/ which asks your zip code on first visit and must use IP delivery for robots visiting the first time since there is nothing on that page about Vioxx if you've never visited the page before.

Now we will see what techniques are used by Search Engine Optimization firms that hurriedly post sites full of links to gain search position for the word Vioxx in order to sell more links to those agressive law firms and attorneys (and they'll run expensive click-through Google Adsense ads).

Without doubt, the most SEO savvy attorneys will compete at a fever pitch for top rankings over the next few weeks.

About the author: Mike Banks Valentine does search engine optimization for http://www.VioxxLegalHelpCenter.org

Keep informed as new sites dominate the phrases related to Vioxx, heart attack, stroke, Vioxx recall, class action suit, Vioxx personal injury claim, Vioxx legal help, About Vioxx at http://www.RealitySEO.com

Vioxx Withdrawal and Drug Litigation

2008-11-22T03:03:00.001-08:00

Author: Richard Martin

On Sept. 30, 2004 Merck announced a worldwide withdrawal of Vioxx® (rofecoxib). Vioxx had previously been prescribed in the treatment of arthritis and pain. Worldwide sales of Vioxx in 2003 were an estimated $2.5Billion and the drug was marketed in more than 80 countries around the world. This is one of several recent pharmaceutical products to have been put in the spotlight by both the national media and plaintiff lawyers. Since sometime in the mid to late 90s a substantial number of pharmaceutical medications and medical devices have been removed from the market due to possible adverse health implications. The FDA acts as a regulatory body in approving health related products before they are marketed to consumers. The FDA moved to ban Ephedra in the US in 2004. However, the recent headlines about voluntary drug withdrawals have produced questions as to the FDA's recent performance. Many people believe that the FDA did not test the drugs rigorously enough to determine all the possible health problems that they might cause. People believe that the rise in litigation over these medications was due to the fact that the FDA now allows pharmaceutical companies to "fast track" their products and get them through the process in a year. In fact, Vioxx was only released in 1999. Some of the latest drugs where concerns have also arose are Bextra, Celebrex and Zyprexa. Litigation over these drugs may commence in the near future. US plaintiff lawyers have begun to put some serious time and research into possible claims that may arise from pharmaceutical drugs. Plaintiff lawyers also handle Mesothelioma, Car Accident, and a wide variety of different personal injury cases. If you think that you may have been injured by one of these drugs that have recently made headlines, you may consider consulting with a lawyer. Many plaintiff attorneys handle cases on a contingency basis. ________________________ You may reproduce this article on your website. We would appreciate a link back to our site which has Vioxx articles and personal injury resources. This article may not be altered and links should be kept live. Thanks.

About the author: Richard Martin is a contributing writer at LegalClips.com. LegalClips.com has Personal Injury articles. LegalClips.com is a collection of lawyer articles and other resources.

Bextra, Vioxx and side effects - Do you need a lawyer?

2008-11-21T03:03:00.001-08:00

Author: Charles Essmeier

The recent withdrawals of the prescription medications Vioxx and Bextra from the marketplace have many people concerned. Studies show that the use of Vioxx could increase the likelihood of strokes and heart attacks; Bextra carries those same risks and also increases the chances of contracting Stevens-Johnson Syndrome, a potentially fatal skin disease. Frequently prescribed to minimize the inflammation and pain of arthritis, these prescription drugs belong to a family of non-steroidal anti-inflammatory drugs known as COX-2 inhibitors.

COX-2 inhibitors are a relatively recent breakthrough in medicine; they interfere with the COX-2 enzyme, which causes pain and inflammation, without interfering with COX-1, which protects the stomach lining.. Previous anti-inflammatory drugs eased the symptoms, but also interfered with COX-1, leaving many patients suffering from gastric discomfort.

While everyone who has been taking either Vioxx or Bextra would be well advised to see their doctor immediately, they might also wish to consider whether or not they should seek an attorney. While most people who have been taking these drugs have not suffered from adverse effects, anyone who has suffered from a heart attack, stroke, or other unusual symptoms while taking these medications may have grounds for a lawsuit. People who believe that they have been harmed by their use of Vioxx have already filed numerous lawsuits; similar suits involving Bextra are now being prepared. These suits are generally brought forth by attorneys who are experienced in drug litigation. A meeting with such an attorney, along with information from your physician, can probably help determine whether or not a prescribed COX-2 inhibitor may have harmed you. He or she can also advise you as to whether it would be in your best interest to either file a lawsuit or participate in a class-action suit, in which you and a number of other people with similar claims would file a suit as a group. Most attorneys who do this type of work charge on a contingency basis; you do not pay unless they both agree to take your case and win in court. Settlements in these sorts of cases vary widely; some class-action suits yield just a few dollars per person. Individual suits could yield dramatically larger amounts, and if you need long-term medical care as a result of Bextra or Vioxx-induced harm, you could qualify for a structured settlement.

If you believe that you have been harmed by your use of Bextra or Vioxx, you may or may not benefit from speaking with an attorney. You will certainly benefit from speaking with your physician, and anyone who has been taking either one of these drugs would be well advised to speak with their doctor immediately.

About the author: ©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including Bextra-Info.net, a site devoted to the withdrawn drug Bextra and StructuredSettlementHelp.com, a site devoted to structured settlements.

Bextra and Vioxx -- Tips for Arthritis Relief Without Them

2008-11-20T03:03:00.001-08:00

Author: Charles Essmeier

The recent withdrawal of Vioxx and Bextra from the marketplace, due to concerns over unwanted side effects, has many arthritis sufferers concerned. These drugs, which belong to a powerful class of non-steroidal anti-inflammatory drugs known as COX-2 inhibitors, are quite effective at fighting the pain and inflammation of arthritis. Unfortunately, they have been linked to increased risk of strokes and heart attacks. Their manufacturers have voluntarily withdrawn them from the market.

There are still alternative medications available, such as Celebrex, and traditional medications, such as aspirin or ibuprofen. Aspirin and ibuprofen may not be suitable for everyone, as they can cause stomach discomfort in some people. While a good anti-inflammatory can certainly provide more comfort for arthritis pain, there are some non-medicinal steps that patients can take that may provide some relief from their pain.

Get plenty of rest. Your body works best when it's well-rested, and it's a well-known fact that most Americans fail to get the recommended seven to eight hours of sleep each night.

Exercise. Joints and muscles work best when they're well toned, and that is true for arthritis sufferers as well as the public at large. Not all exercises will be appropriate, however. A patient with arthritic knees will probably not benefit from playing basketball or tennis. Low impact exercise like walking or water aerobics may help, however. Patients with arthritis are advised to discuss exercise options with their physician.

Watch your weight. Arthritic joints work best when they aren't overly burdened. If you are overweight, you are making a bad situation worse by forcing your joints to work harder than they otherwise might. A loss of just a few pounds could make a huge difference, especially if you suffer from arthritic knees.

These tips are certainly not intended to be a substitute for medication, but with a chronic condition like arthritis, every little bit that you can do to ease the stress on your aching joints can provide a bit more relief.

THE DRUG THAT WAS VIOXX

2008-11-19T03:03:00.001-08:00

Author: BLUR LOTERIÑA

Want a new cure for your illness? Think again. We have enough drugs to give us more than just headaches. Some drugs will not reveal its true and long term effect until you start to feel it more often.

We all know that drugs have side effects. How can it cure one part of your body without affecting the other parts? Drugs that are swallowed do not target only the part they are intended to cure. They are transported by our blood so they can go anywhere inside our body. We should be more aware of the drugs that relieve us of certain ailments but can cause us a more complicated disease in the future.

Are you familiar with Vioxx? It has been on the headlines for days. This controversial drug was used by about two million people worldwide.

Vioxx is prescribed to relieve osteoarthritis, rheumatic arthritis and acute pain. Produced by Merck & Co., it comes in a liquid and pill form. It is a non-steroidal, anti-inflammatory drug (NSAID). NSAIDs refer to drugs with analgesic, antipyretic and anti-inflammatory effects, which reduce pain, fever and inflammation, such as muscle strain or sprain. They are sometimes called non-steroidal anti-inflammatory agents or NSAIAs. Examples of which are aspirin and ibuprofen.

Vioxx also belongs to a class of drugs called COX-2 (cyclooxygenase) inhibitors. Cyclooxygenase is an enzyme that controls inflammation. The Vioxx works by blocking COX-2 enzymes in the body that trigger pain and inflammation. COX-2 has been a major source of relief from arthritis pain, which afflicts tens of millions of people in the world.

In 2002, the company received complaints regarding their product. Market studies confirmed that Vioxx raises the risks of serious cardiovascular events including heart attacks and strokes, as well as other life-threatening side effects, such as, blood clots, angina and nonbacterial meningitis, severe intestinal damage, ulcerations and bleeding, and kidney damage. Other minor side effects include flu symptoms, weakness, loss of appetite, rash or pail skin, swelling of hand feet and other extremities.

It was not until September 30, 2004 that Merck officially announced of voluntary recall of Vioxx from all markets worldwide.

So, here is a lesson we have to learn. We can not trust any drug, even if it is produced by leading companies. You will never know what it is going to cause you. Always ask for a doctor's prescription. Learn from experience and do not just go for new things that come your way. It's very risky, especially if it concerns your health.

About the author: For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

WHAT'S THE LATEST IN VIOXX

2008-11-18T03:03:00.001-08:00

Author: BLUR LOTERIÑA

Are you a Vioxx victim? Here's something you have to know.

Many people from all over the world were victimized by this drug. The Vioxx was produced by Merck and Pharmacia. It comes in liquid and pill form. It is a non-steroidal, anti-inflammatory drug (NSAID) that is used to relieve osteoarthritis, rheumatic arthritis and acute pain. NSAID is referred to as drug with analgesic, antipyretic and anti-inflammatory effects. It reduces pain, fever and inflammation, such as muscle strain or sprain. NSAID is sometimes called non-steroidal anti-inflammatory agent or NSAIA. Aspirin and ibuprofen belongs to this class.

The Vioxx also contains cyclooxygenase, an enzyme that controls inflammation. It belongs to the COX-2 inhibitors. COX-2 has been good cure for arthritis pain, which afflicts tens of millions of people in the world. The Vioxx works by blocking COX-2 enzymes in the body that trigger pain and inflammation.

However, very relieving as it may sound, this arthritis drug rofecoxib was proven to cause and doubled the risk of heart attack and stroke.

Class action suits filed against Merck begun in 2002. Doctors told their patients about the bad effects this drug cause. In October 5, 2004, a worldwide class action lawsuit against Merck and Co. was filed.

In September 30, 2004, Merck officially announced of voluntary recall of Vioxx from all markets worldwide. A warning was issued to prevent people from taking the Vioxx and to return all unused pills. It also causes other life-threatening diseases, such as, blood clots, angina and nonbacterial meningitis, severe intestinal damage, ulcerations and bleeding, and kidney damage. Other minor side effects include flu symptoms, weakness, loss of appetite, rash or pail skin, swelling of hand feet and other extremities.

Many blamed the Food and Drug Administration or the FDA, because it is its duty to assure people of harmless foods and drugs. Also, the FDA was blamed for giving Merck a fast-track, 6-month approval process. Vioxx was distributed in the United States in 1999. They want FDA to push drug companies to conduct longer tests before they can sell it so that people are given the right warning.

In January 27, 2005, the consolidation of all Vioxx cases was argued in front of federal judges in Florida by the attorneys. A preliminary hearing will be held before the judge after the decision is made public. Now, there are web sites that offer free consultations for Vioxx victims.

About the author: For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

Vioxx Recall leads to Vioxx Lawsuits

2008-11-17T03:03:00.001-08:00

Author: Margaret Wommack

Vioxx is a nonsteroidal anti-inflammagory drug (NSAID) that reduces inflammation, pain, fever, osteoarthritis and rheumatoid arthritis stiffness, and menstrual pain. However, Vioxx has been shown to cause blood clots, heart attacks, stroke, Stevens-Johnson Syndrome, kidney damage and other dangerous and potentially deadly side effects.

Lawsuits are being filed against Merck, the manufacturer of Vioxx, for product liability. The claim is that Merck knew the dangers of Vioxx and marketed it anyway. In drug product liability lawsuits, the prosecution must prove that Merck didn't provide for the safety of the patient and that they were harmed as a direct result from taking Vioxx and from Merck's negligence. Sometimes drug companies that wish to avoid public scrutiny will settle outside of court, but they will sometimes lengthen the trial to force the plaintiff into agreeing to their settlement.

For patients who have thankfully not yet experienced these dangerous and potentially fatal side effects of Vioxx, you should still be careful in taking the drug and notify your doctor immediately if you notice any of these side effects: • difficulty breathing • swelling of the lips, tongue, gums • abdominal pain • bloody excrement including vomit • nausea • heartburn • unusual weight gain • unusual fatigue • skin rash, blistering, burning, sloughing off • jaundicing (yellowing) of skin or eyes • flu-like symptoms • dizziness • diarrhea • eye "stickiness" • vision impairment • effects to nail beds • any allergic type reaction GA

Contact an experienced

Vioxx Lawyer today.

Find information about

Vioxx Side Effects associated with a major

Dangerous Drug Lawfirm today at hugesettlements.

About the author: None

Getting Cash Now for your Structured Settlement

2008-11-16T03:03:00.001-08:00

Author: David Springer

If you've agreed to accept a structured settlement, it's likely that you felt a sense of relief that your financial uncertainties were being resolved, and that you'd have the funds necessary to pay your bills, support your family and go on with your life. When you agreed to the terms of the settlement, hopefully with the help of a financial advisor, you accepted a series of financial payments that made sense for you at that time.

Perhaps you'd suffered personal injury in an auto or other accident, you were awarded damages in a product liability case, or you were the victim of medical malpractice or were even the plaintiff in a wrongful death suit. You agreed to a periodic (usually monthly) payment, maybe in the form of a lifetime income stream, that seemed to be the answer to paying your ongoing living expenses and perhaps your medical costs. You made the best decisions you could at the time, with the information you had - based upon how life was then, and what you expected for the future.

But life seldom works out as we expect. Maybe you're on the road to recovery from the accident or other event for which you received the settlement, and want to move and buy a house, get married, go to school, or buy a business. Maybe medical bills or high interest debt is an undue burden on you that you need to resolve now. Or, if your family has grown, and your children no longer need for you to provide for their education or other expenses, you may want to spend more of the money you have coming to you now, instead of later.

What can you do to match your finances - specifically your structured settlement - with the life you now have or want to have? You should always consult an attorney or a financial advisor, but here's a basic overview of your rights and options in assigning your structured settlement:

Settlements are funded by single premium annuities, issued by insurance companies. Instead of paying you a lump sum amount, the party found responsible for injury or damages to you has paid a one-time lump sum to an insurance company, which has, in turn, invested it. The insurance company has projected the interest rate or securities dividends they will receive on the lump sum, and based upon the length of time and number of payments you chose or were offered for the structured settlement, they calculated the periodic payment amount you're now receiving.

So who owns what? The insurance company owns the annuity, and you, as the beneficiary, are entitled to an income stream, or the series of periodic payments. Because you don't own the underlying asset, the annuity, you therefore can't sell the annuity contract to another party to receive your money. However, under federal and state law you can, with court approval, sell all or a portion of the payments you are entitled to receive in the future. In doing so, you can receive a lump sum cash payout now.

What are your options? As an annuitant, or the beneficiary of the structured settlement annuity, you are, in most instances, able to assign to a third party the payments you are entitled to receive in the future. Some Structured Settlement Agreements state that payments cannot be assigned, and your legal counsel will advise you of options and alternatives if yours is written with such a clause. Fortunately, state laws and recent case law have rendered contracts written with such provisions unenforceable, although other regulations may apply.

How can you determine today's lump sum value of your structured settlement payments? This depends, in part, upon the amount of each payment and when it is due. The payment amount and schedule will be outlined in your Structured Settlement Agreement. It is also affected by the financial strength of the issuer of your annuity, because the better the financial position of the issuer, the more likely it is that the purchaser of your cash stream will be paid. The current financial climate, as well as interest rates will also affect your cash-out amount. Your financing company will explain these calculations and assumptions to you.

What steps do you need to take?

- First, you really need to take a hard look at whether receiving your funds now will truly be best for you and your family. This is a big financial step, not to be taken lightly. That said, your circumstances may have changed sufficiently so that a lump sum or partial payment in the form of a lump sum makes sense, and is better for your family's current and future lifestyle and financial stability.

- Next, contact a reliable financing company that purchases structured settlement income streams. They can guide you through the process and help you consider alternatives, such as the sale of a portion of your structured settlement income stream, if this best meets your needs.

- The financing company will assist you by hiring an attorney experienced in structured settlement assignments. The attorney will explain to the court your desire to change your settlement, and any changes in your life that have caused you to make this decision. Because the attorney will be petitioning for judicial approval, he will need to understand your current finances, obligations and desires.

- Having all your documentation and agreements, and furnishing them promptly to your advisors and potential funding sources is key to receiving a cash payout in the shortest possible time. Because court approval is required, the time from the initiation of the request to the final approval is typically 45-90 days. So, just as with other large financial decisions, such as obtaining a mortgage or refinancing, it's in your best interest to begin the process with a little time to spare, before you feel a time crunch. You deserve an equitable deal, as quickly as is possible, not just the deal you can make in the very least amount of time.

- What can you expect now? Once you have chosen a finance company and attorney, the courts will put you on the docket and hear your petition for receiving your funds in a lump sum. They'll want details of the future payments due you, the proposed amount of the lump sum distribution, and any costs you will incur as a result of restructuring your settlement. Their basis for granting you an approval is satisfying themselves that the assignment of your payments to another party and receipt of current cash will be in your best interest and in the best interests of any dependents you may have.

- Once you've agreed upon a lump sum amount with your finance company, and obtained court approval, you'll receive a wire transfer or a cashier's check for your lump sum amount. You'll now have the cash you need - right when you need it most.

About the author: Sovereign Funding Group (http://www.sovereignfunding.com) is an experienced, reputable company that offers convenient, no-risk services to help you with the selling of your deferred payments and business financing.

Bextra and Vioxx Withdrawal Spawn Advertising Pause from Bristol Myers

2008-11-15T03:03:00.001-08:00

Author: Charles Essmeier

Pharmaceutical giant Bristol Myers Squibb has announced that they will suspend direct-to-consumer advertising for their prescription drug products for a year. This comes in the wake of the well-publicized withdrawals of Merck's Vioxx and Pfizer's Bextra, two non-steroidal anti-inflammatory drugs (NSAIDs) that were voluntarily withdrawn from the market recently. Studies showed that they increase the likelihood of strokes and heart attacks among patients that take them for prolonged periods of time. This represents an unusual move for a pharmaceutical company, as they tend to spend a large portion of their annual advertising budget on direct-to-consumer advertising.

It is possible that Bristol Myers recognizes that consumers are becoming concerned about new drugs being approved by the FDA and advertised heavily, only to find out later that the drugs have previously unknown and possibly dangerous side effects. Consumers have learned that advertising a drug as "new and improved" doesn't necessarily mean that it is new, or improved, or even safe. In short, customers are suspicious of pharmaceutical advertising, and the drug companies are to be commended for taking notice of that fact.

Since 1997, drug companies have been allowed by U.S. law to advertise directly to consumers. This has led to an astonishing number of ads on television and radio, as consumers see ads showing one happy person after another. The ads suggest that the happiness shown is a result of the use of the product, and a voiceover quickly mumbles through the known, and sometimes lengthy, list of side effects. Patients are encouraged to speak with their doctor, and they have been doing so in record numbers. The problem, as Bristol Myers know realizes, is that consumers are well aware that the withdrawn Bextra and Vioxx were advertised as being safe. This has naturally led to a general suspicion of all advertised drugs, and Bristol Myers correctly sees that they could be the victims of a drug-company backlash, even if they didn't manufacture any of the withdrawn products.

This will probably save Bristol Myers a lot of money in the short term, as their advertising would have largely gone to waste. The Food and Drug Administration is taking steps to make sure that the drugs that reach the U.S. market are safe, and in time, the public will again become more trusting of pharmaceutical advertising. In the meantime, TV viewers will be spared from having to watch the sometimes-cryptic drug ads, which often prompt questions of "What does this drug do?"

Vioxx Personal Injury Lawsuits

2008-11-14T03:03:00.001-08:00

Author: Matthew C. Keegan

Personal injury attorneys representing clients who have allegedly been harmed by the prescription drug Vioxx are congratulating themselves over a historic judgment rendered recently. On August 19, 2005, a judge awarded the family of Bob Ernst $253.4 million due to his death from the drug. Vioxx, which had been prescribed most often for arthritis pain, was withdrawn globally by its maker, Merck, after research trials showed it increased patients' chances of a heart attack. Although Merck pulled the drug off the market in September 2004, legal action against this leading pharmaceutical giant will continue and expand. Let's take a look at why Vioxx has become a litigation lightning rod.

In 1998 as Merck was running clinical trials for Vioxx, company reports to the FDA stated that there were no cardiovascular signals apparent. This meant that there were no telltale signs that the drug could cause heart problems for users. Later, however, it was revealed that an internal study conducted by Merck around the same time – Study 090 – revealed serious cardiovascular problems as compared to patients not taking Vioxx. The study was never published by Merck as the company insisted that it was not large enough to provide definitive data.

The following year the FDA gave Vioxx its approval and the drug became the second nonsteroidal anti-inflammatory medication [or COX-2 inhibitor] to hit the market. Celebrex, another problem drug, was the first.

Merck widely and thoroughly launched a marketing campaign upon the introduction of Vioxx to the marketplace. Indeed, by 2003 the drug had entered 80 nations with sales exceeding $2.5 billion. Still, there were problems looming as ongoing tests conducted by Merck hinted of potential deadly side effects.

As early as 2001, the FDA recommended label warnings be put on prescriptions warning users of potential side effects. In addition, Merck was warned by the FDA to quit misleading physicians about potential side effects.

As potential problems began to surface, they served as red flags to industry watchdogs, to the FDA, as well as to personal injury attorneys who began to gather evidence to show that Merck was negligent. Indeed, web sites and advertising campaigns – meant to inform and attract patients harmed by the drug – were launched and fairly soon the internet, radio, television, and print media were flooded with advertisements asking those suspecting harm from Vioxx to come forward.

With the September 2004 announcement that Merck was withdrawing Vioxx, personal injury litigation was well on its way to being established. By early 2005, the first cases were filed and the Ernst case became the first Vioxx lawsuit to be settled.

Wrongful death lawsuits against Vioxx's maker, Merck, are expected to increase as the result of the Ernst decision. Personal injury attorneys insist that thousands of former Vioxx users and/or their families are due compensation for Merck's neglect. It remains to be seen if juries will render judgments as large as the Ernst judgment and whether courts will uphold these amounts. Nevertheless, it is certain that Merck is in for a long battle that will reach well beyond its US base.

About the author: Matt Keegan is The Article Writer who write on issues of current appeal as well as aviation and business subjects.

Vioxx Lawsuits Abound. Where does This Leave the Arthritis Sufferer?

2008-11-13T03:04:00.001-08:00

Author: Wendy Owen

Vioxx, a popular pain medication was fetching it's manufacturer, Merck Pharmaceuticals, millions of dollars in sales in 2004. Today it has been withdrawn from sale and is the subject of several Vioxx lawsuits. It's demise, due to unacceptable risk factors, leaves doctors and patients confused and wondering how many more ""time bombs"" there are lurking out there

What is Vioxx?

Vioxx is a non-steroidal anti-inflammatory drug (NSAID) mainly prescribed for pain relief for people suffering with various forms of arthritis. The product was launched in 1999 and was available in several countries.

Vioxx is one of the family of COX-2 inhibitors. Drugs with this label block the Cox 2 enzyme while allowing the Cox 1 enzyme intact. The Cox 1 enzyme is necessary as it protects the stomach lining. Without this protection, patients are at risk of ulcers, stomach bleeding and intestinal damage.

The main risks from taking Vioxx are an increased risk (4:1) of heart attack or stroke. While this risks were said only to affect people who have been taking the drug for 18 months or more, there is some evidence that they may also affect short term users as well.

Vioxx lawsuits

There are currently over 7000 vioxx lawsuits, both individual and class action, pending against Merck. The number of lawsuits are growing by the day. To be eligible to claim compensation from Merck, a person must have been taking Vioxx medication and have suffered some ill effects from doing so.

Merck must be shown to have breached their ""duty of care"" towards their customers and have acted irresponsibly in information them of the health risks that Vioxx could cause. Although Merck pulled Vioxx from the shelves voluntarily in 2004, there is evidence that they knew of risks associated with Vioxx as early as 2000, but didn't pass on any warnings to the public.

If you believe that taking Vioxx has caused you to suffer a heart attack or stroke, it is important to act before the statute of limitations expires. At the time of writing there have not been any successful Vioxx lawsuits. Those who have experienced any lost earnings or mental pain and suffering due to taking Vioxx are also being advised to claim compensation.

What are the alternatives?

There are other COX-2 selective NSAIDS on the market, Celebrex (celecoxib) and Bextra (valdecoxib).These are now undergoing stringent testing by the FDA to ensure they are safe alternatives.

The manufacturers of other NSAIDS such as Aspirin or Ibuprofen have been requested by the FDA to change the labelling on their products to include warnings about any side effects that may be experienced - for example gastro intestinal bleeding.

Natural arthritis pain relief is a safe and effective option. The medical profession is fond of pointing out that natural remedies are not controlled or tested by the FDA. After the Vioxx debacle you have to wonder it this really matters!

About the author: Wendy Owen is a natural health writer and researcher. visit her site at http://www.natural-arthritis-medication.com for arthritis information, articles and a natural arthritis remedy.

Vioxx Recall Lawsuits

2008-11-12T03:03:00.001-08:00

Author: T.Going

Vioxx Recall Lawsuits

The drug Vioxx is a COX-2 inhibitor designed by the company Merck Inc. It was ordered to be pulled from American and European markets on April 7th 2005 after it was discovered that there were potentially deadly side effects from its use.

Doctors and researchers both believed that the drug Vioxx could cause cardiovascular problems and recently a Texas jury awarded a $253.4 million wrongful death settlemtn to the widow of a man who allegedly died from Vioxx-related complications.

Experts will now agree that Merck knew of the danger the Vioxx presented, but instead chose to market the drug as a safe way to reduce pain and inflammation. This terrible misjudgment has lead to a variety of dangerous and deadly complications including deep vein thrombosis, stroke, pulmonary embolism, blood clots and other serious heart damage.

Currently there are 4200 pending lawsuits filed against Merck. Friends and families of Vioxx victims must attempt to pick up their shattered lives and face the reality that negligence, deception and greed have robbed them of their loved ones. Merck gambled with the pharmaceutical industry and lost.

If you believe that you may be affected with Vioxx complications please take a stand. Drug makers are hoping that victims of Vioxx will remain silent due to fear and intimidation. A Vioxx lawsuit might be the most effective way to show Merck and other drug makers that they must be accountable for their actions.

About the author: Please visit http://www.sddefenselawyers.com/vioxx-recall/ to find out more on the Vioxx Recall Lawsuits and

Vioxx Heart Attacks . This article may be freely reprinted as long as this resource box and all links stay intact as hyperlinks.

Structured Settlements Offer Advantages over Lump-Sum Payments

2008-11-11T03:03:00.001-08:00

Author: Charles Essmeier

A structured settlement, which offers injury victims cash payments through a long-term annuity as compensation for their damages and medical expenses, offer a number of possible advantages over payment in a lump sum. While the lump sum payment is the traditional way for responsible parties to pay accident claims, the structured settlement offers payments over the span of an agreed-upon period of time. This length of time may span from several years up to the remainder of the life of the injured party, depending on the severity of the accident, the amount of money involved, and the agreement reached between the two parties.

Depending on the specific circumstances of the case, structured settlements can have numerous advantages over a lump-sum payment:

They are tax free. Thanks to a 1982 change in the Federal tax code, payments on a structured settlement are free of state and Federal taxes. The paying party funds the settlement through the purchase of an annuity which earns the interest to fund the continued payments. This is not the case with a lump-sum payment, which the injured party must invest themselves. Any interest earned on those investments are taxable.

They are potentially safer. Most people who come into a large sum of money suddenly find that they are quite popular with long-lost relatives, unscrupulous purveyors of investment schemes, and good, old-fashioned thieves. By receiving payments in substantially smaller amounts, the beneficiaries of a structured settlement have far fewer worries about having others take advantage of them, which could leave them both poor and without adequate medical care.

They are simply less trouble. It's difficult enough to adjust to changes in your life if you are seriously injured without having to also take the new responsibility of investing and managing a large sum of money. Not only must you invest the money, but you must invest it wisely, knowing that it must continue to fund your living and/or health care expenses. The regular payments of a structured settlement, along with their tax-free status, simplify day to day living considerably.

While they are not ideal for everyone, particularly those who are experienced investors or those who need a large sum of money at once for immediate medical expenses or the purchase of a home, structured settlements can offer a simpler, safer payment solution for many people who are victims of an accident or injury.

About the author: ©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including http://www.Struct uredSettlementHelp.com/ and http://www.HomeEquityHelp.n et/

Financial Security through Structured Settlements

2008-11-10T03:03:00.001-08:00

Author: David Springer

Structured settlements have become a natural part of personal injury and worker's compensation claims in the United States, according to the National Structured Settlements Trade Association (NSSTA). In 2001, life insurance members of NSSTA wrote more than $6.05 billion of issued annuities as settlement for physical injury claims. This represents a 19 percent increase over 2000.

A structured settlement is the dispersement of money for a legal claim where all or part of the arrangement calls for future periodic payments. The money is paid in regular installments--annually, semi-annually or quarterly--either for a fixed period or for the lifetime of the claimant. Depending on the needs of the individual involved, the structure may also include some immediate payment to cover special damages. The payment is usually made through the purchase of an annuity from a Life Insurance Company.

A structured settlement structure can provide long-term financial security to injury victims and their families through a stream of tax-free payments tailored to their needs. Historically, they were first utilized in Canada and the United States during the 1970s as an alternative to lump-sum payments for injured parties. A structured settlement can also be used in situations involving lottery winnings and other substantial funds.

How a Structured Settlement Works When a plaintiff settles a case for a large sum of money, the defendant, the plaintiff's attorney, or a financial planner may propose paying the settlement in installments over time rather than in a single lump sum.

A structured settlement is actually a tradeoff. The individuals who were injured and/or their parents or guardians work with their lawyer and an outside broker to determine future medical and living needs. This includes all upcoming operations, therapy, medical devices and other health care needs. Then, an annuity is purchased and held by an independent third party that makes payments to the person who has been injured. Unlike stock dividends or bank interest, these structured settlement payments are completely tax-free. What's more, the individual's annuity grows tax-free.

Pros and Cons As with anything, there's a positive and negative side to structure settlements. One significant advantage is tax avoidance. When appropriately set up, a structured settlement may significantly reduce the plaintiff's tax obligations (as a result of the settlement). Another benefit is that a structured settlement can help ensure a plaintiff has the funds to pay for future care or needs. In other words, a structured settlement can help protect a plaintiff from himself. Let's face it: Some people have a hard time managing money, or saying no to friends and family wanting to ""share the wealth."" Receiving money in installment can make it last longer. A downside to structure settlements is the built-in structure (no pun intended). Some people may feel restricted by periodic payments. For example, they may want to buy a new home or other expensive item, yet lack the funds to do so. They can't borrow against future payments under their settlement, so they're stuck until their next installment payment arrives. And from an investment perspective, a structured settlement may not make the most sense for everyone. Many standard investments can provide a greater long-term return than the annuities used in structured settlements. So some people may be better off accepting a lump sum settlement and then investing it for themselves.

Here are some other important points to keep in mind about structured settlements: An injured person with long-term special needs may benefit from having periodic lump sums to purchase medical equipment. Minors may benefit from a structured settlement that provides for certain costs when they're young--such as educational expenses--instead of during adulthood.

Special Considerations

- Injured parties should be wary of potential exploitation or hazards related to structured settlements. They should carefully consider:

- High Commissions - Annuities can be highly profitable for insurance companies, and they often carry very large commissions. It is important to ensure that the commissions charged in setting up a structured settlement don't eat up too much of its principal.

- Inflated Value - Sometimes, the defense will overstate the value of a negotiated structured settlement. As a result, the plaintiff winds up with much less than was agreed upon. Plaintiffs should compare the fees and commissions charged for similar settlement packages by a variety of insurance companies to make sure that they're getting full value.

- Conflict of Interest - There have been situations where the plaintiff's attorney has referred the client to a particular financial planner to set up a structured settlement, without disclosing he would receive a referral fee. In other cases, the plaintiff's lawyer has set up a structured settlement on behalf of a client without revealing the annuities are being purchased from his own insurance business. Plaintiffs should know what financial interest their lawyer may have in relation to any financial services being provided or recommended.

- Using Multiple Insurance Companies - It's advisable to purchase annuities for a structured settlement from several different companies. This offers protection in the event a company that issued annuities for a settlement package goes into bankruptcy and defaults.

Benefits of Selling A Settlement A structured settlement is specifically designed to meet the needs of the plaintiff at the time it's created. But what happens if the installment arrangement no longer works for the individual? If you need cash for a large purchase or other expenses, consider selling your structured settlement. Many companies can purchase all or part of your remaining periodic settlement payments for one lump sum. This can boost your cash flow by providing funds you can use immediately to buy a home, pay college tuition, invest in a business or pay off debt.

If you're considering cashing out your structured settlement, contact your attorney first. Depending on the state you live in, you may have to go to court to get approval for the buyout. About two thirds of states have laws that limit the sale of structured settlements, according to the NSSTA. Tax-free structured settlements are also subject to federal restrictions on their sale to a third party, and some insurance companies won't assign or transfer annuities to third parties.

When selling your structure settlement, check with multiple companies to make sure that you get the highest payoff. Also, be sure the company buying your settlement is reputable and well-established. And keep in mind that if the deal sounds too good to be true, it probably is.

5 Mistakes People Make When Selling Structured Settlements

2008-11-09T03:03:00.001-08:00

Author: Louise Pointer

5 Mistakes People Make When Selling Structured Settlements

structured settlements, lottery winnings, annuities

Mistake One: Agreeing to sell to the highest bidder.

Unfortunately, some brokers or structured settlement/annuity sources will make a high offer just to get someone under contract. Then they will start making excuses and reduce the offer. Once you are under contract with a funding source, it is very difficult to back out. Even if you are able to pull out, you will have to start the whole process over again losing valuable time. Mistake Two: Believing the funding source when they say they can close very quickly.

The time to close is mostly dictated by individual state laws, both the state the insurance company has their home office and the state where the client resides. In some states, it is possible to close in about a month. In other states, it can take as long as four months. With the rest, it is somewhere in between. Don't believe it if someone says they can close in a week or two.

Mistake Three: Not determining how much you really need and thinking you must sell the entire remainder of the structured settlement or annuity.

Why sell a $200,000 settlement when you only need $30,000? If you need additional cash sometime in the future you will be able to sell more payments or lump sums at that time. By doing it this way, you will receive more cash over time than if you sell all payments at once; and it allows you options. Mistake Four: Letting emotions or being desperate control our decisions.

We have all gotten excited or felt desperate when faced with various situations. We could be excited about buying a home or starting a new career; or we could be feeling desperate because we are about to lose our home or are facing high medical expenses. Even though we are excited or desperate, we really must think through our decision. Some brokers or funding sources will try to take advantage of us and our situation. We should discuss our situation with a trusted family member, friend, attorney, pastor or whomever. We do not want to ruin tomorrow's financial options by making irrational decisions today.

Mistake Five: Not doing your due diligence on the structured settlement/annuity purchaser.

Call the attorney general in your residence state and the state where your funding source is located to see if there are any complaints about that funding source. If there are a lot of complaints against the source you are considering, take that as a red flag and move onto the next source. Your due diligence should be completed before agreeing to anything or signing any agreements.

About the author: You could spend hours researching all of your options and still not have a clear idea of what to do... You need a professional on your side. With over a decade of experience, Louise Pointer can help you avoid the mistakes in this article as well as a few more. Click -> http://www.NationalFundingResources.com

Structured Settlements - Should You Sell Yours?

2008-11-08T03:02:00.000-08:00

Author: Charles Essmeier

In recent years, it has become more common for victims of accidental injury who accept a settlement from the at-fault party to accept a structured settlement instead of a lump-sum payment. With a structured settlement, the injured party receives payments over an agreed-upon length of time – five years, ten years, or even a lifetime, rather than receiving payment up front in a lump sum.

There are advantages to this for both parties. The injured party may require constant medical care, and the regular payments of a structured settlement guarantee that income will be available to cover the medical expenses. For the paying party, the settlement can be paid by purchasing an annuity, which allows an upfront payment to accrue interest, thereby producing a larger long-term yield from a minimal investment. In many cases, a structured settlement is viewed as a win-win situation for both parties.

There are restrictions on structured settlements that may not suit everyone. Once you agree to accept a structured settlement, you cannot trade it back in for a lump sum payment, nor may you use it for collateral for a loan. What if you want to buy a home and pay cash? What if some other unexpected expense comes up and you simply do not have the cash available? Under certain circumstances, you may be able to sell your structured settlement to a third party.

There are companies that are interested in purchasing structured settlements for investment purposes. Perhaps one or more of these companies has already contacted you. They will agree to pay you a lump sum, in cash, in exchange for you signing over your future annuity payments to them. Be aware that any party that offers to buy your annuity is interested in doing so for investment purposes. They wish to make money on the transaction, and for them, that profit will be spread over the long time that it takes to receive all of the payments that constitute the settlement. Once you combine the factors of time, interest, inflation, and the buying party's profit, you will find that the offer made to you will seem quite small. The amount you receive will be an amount equal to the present day value of the settlement, minus whatever sum the investors require for their profit on the transaction.

You should also know that some states prohibit the sale of structured settlements, that some insurance companies who handle the annuities prohibit sales to a third party, and that you will probably need to go to court to arrange the sale. In addition, there may be tax considerations involved in the sale, and the taxes due on large sums of money are not insignificant. If you are interested in selling your structured settlement, you will definitely want to discuss the sale with an attorney and a tax advisor beforehand.

While structured settlements are designed to benefit those who receive them, there are times when it may be desirable or necessary to sell them. If you are considering selling your settlement, make sure that you weigh all of your options carefully. Once you agree to sell, you cannot get it back.

About the author: ©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including StructuredSettlementHelp.com, a site devoted to structured settlements and HomeEquityHelp.net, a site devoted to home equity loan information.

Understanding Structured Settlements and their Advantages

2008-11-07T03:02:00.001-08:00

Author: Josh Murray

Put in simple terms, a structured settlement is merely an agreement that's reached between a plaintiff and defendant that outlines the flow of payment that the plaintiff receives, due to injury. These payments – which are made over a specified period of time – do offer some advantages to the recipient and are advocated by many legal professionals, since they provide more benefits over time, when tax rates are factored in for consideration.

When the payment system is set up, it can be customized according to the needs of the recipient and is issued through a stable financial institution. In cases where there will be ongoing medical expenses and/or living expenses that will be covered by such a settlement, it's important to be comfortable with the experience and the history of success that the company offers.

Among the many advantages of a structured settlement is the fact that the income that's generated from this type of agreement is not included as part of the recipient's annual gross income. In this way, the amount of dollars that are extracted upon filing a tax return doesn't have to be adjusted upward due to the excess income that is provided through a structured settlement.

Since the payments that are made through a structured settlement are guaranteed by some of the largest and most highly acclaimed insurance companies in America, there is a very low risk factor that's involved in receiving an uninterrupted cash flow once a settlement has been reached. This, too, is a benefit, since the discontinuation of payout can be devastating to an individual or their family.

In contrast to the interest that's acquired through CDs or Municipal Bonds, monies that are accrued through a structured settlement are not factored into the calculation of Social Security benefits. That translates into a greater monthly benefit for those who are collecting payments through the Social Security Department, which can make a huge different to those who are on such a fixed income.

Depending upon the level of disability, structure settlements can be set up to last for the lifetime of the recipient. These payments are guaranteed and can be customized to be made on specific dates or increased on a yearly basis in order to offset the cost of living, as well as factoring in any other special needs that may become apparent.

For those who suffer from credit problems or lose assets as the result of a divorce, the monies that are siphoned through a structured settlement cannot be considered as part of the financial scenario of the individual. Creditors are not allowed to claim any portion of the funds, and a structured settlement is not considered common property.

In addition to these, there are a number of other benefits that are intrinsic to a structured settlement, only some of which are geared toward the plaintiff. Benefits are also enjoyed by the attorneys and financial institutions that back such settlements. For further information, speak with your personal legal representative or consult one of the major online search engines.

About the author: Josh Murray is a contributing writer to http://www.structuredsettlementinfo.info, a site that provides news and information on structured settlements.

Structured Settlements 101: How Structured Settlements Work

2008-11-06T03:03:00.001-08:00

Author: Adam Short

You have probably heard the term ""Structured Settlement"" on a television or print ad and wondered what it meant. After all, the term is not a part of our everyday lexicon.

A structured settlement is a contract under which an insurance company undertakes to make periodic payments to an injured party as part of a bodily injury claim settlement or to a surviving family member to whom a large settlement has been awarded. These are just two examples of where a structured settlement might be used. Structured settlements have become popular because they offer substantial benefits to all parties involved in the settlement agreement.

A brief review of the dictionary reveals the following definition: a structured settlement is simply a financial package that permits a settlement to be paid in regular payment installments for either a set period of time or over a lifetime. In short, a structured settlement is a package that is tailor made for the individual or payee by the payer or an interested third-party. Some structures include immediate payment to cover any special damages that may have occurred or will occur.

The system of structured settlements was first introduced in Canada in the early 1970's and spread into the United States very quickly. Within a few years, the idea had found its way to many countries including Australia and most member states of the European Union.

Benefits of a Structured Settlement

A structured settlement annuity provides a payment stream that is tax-free over a determined period of time. Most investment options such as stocks and bonds, real estate, savings accounts, and similar vehicles simply cannot match the flexibility and security of a Structured Settlement Annuity.

Another benefit of a structured settlement annuity is that it can be designed so that payments are made over an extended period of time, even throughout the life of the payee. In the event of the recipient's death, a guaranteed portion of the settlement may be paid to the person's estate or to a named beneficiary. Structured Settlements have become quite common and offer the additional security of regulation by both Federal and State statutes. There are also provisions in IRS and Medicare/Medicaid guidelines which take them into account.

Alternatives to Structured Settlements

It's quite easy to see that a structured settlement can work to the advantage of all parties in a variety of circumstances. However, there are occasions when the beneficiary of a structured settlement would prefer not to have periodic payments, preferring instead a lump sum payment. Such might be the case where an individual would like an amount of money to purchase a home, perhaps to cover large medical bills or to pay off a mortgage. This option has also proved especially popular with lottery winners. There are a number of insurance companies and others that provide this service for a fee. In such instances the insurance company or another interested third-party makes the lump sum payment with a charge for expenses and interest deducted. It is important to consider these fees and read the fine print carefully to be sure that you are not signing away the bulk of your payment. How do the alternatives work?

The settlement contract is sold to a financial institution which then accepts the periodic payments from the payer and gives the beneficiary a lump sum. Commonly, the financial institution involved will be another major insurance company. The insurance company charges a handling fee which will usually be calculated to take into account adjustments for interest charges and handling costs. Again, if you are considering taking this option you must bear in mind that the company buying the payments for a cash sum is in business to make money. The amount of the one-off payment will certainly be considerably less than the gross amount that would have been received over the original extended period. Unless the amount of the lump sum is very substantial and the recipient can be sure of consistent investment income, it's almost certainly going to be better to stick with the original arrangements. An exception might be where the recipient is a younger person in good health with a substantial expectation of gainful employment for the long term.

Again, as with any contracts be sure to read and understand the terms of the agreement you are making. Make a list of questions and ask until you understand. It is also a good idea to cast a wide net when looking for an alternative to structured settlements as fees and services; and thus your bottom line can vary greatly.

About the author: Adam Short is freelance writer and creator of http://www.structuredsettlementinfo.info - a site providing the latest news and information on structured settlements.

When to Choose a Cash Payout for Your Structured Settlement

2008-11-05T03:03:00.001-08:00

Author: John Allcott

Structured settlements have been a popular choice for many claimants. Be it for a settled lawsuit or damage claims or maybe for policy payments for a life insurance policy.

Structured settlements allow for a structured payment of a settlement to be made on an annuity system. Payments are made over time. This makes a difference in the total amount paid because of interest earned which results in a larger payout than a lump sum payment.

There are many forms of structured settlements. This may be discussed between the payer and the payee. These structured settlements cover the agreed upon payment and the period and manner in which payments are going to be done.

The decision mainly comes from the beneficiary or those with a claim. They can structure the payments in a manner that is beneficial for them. The other party mostly agrees with structured settlements over lump sum because they don't need to shell out the whole amount in one time.

While many prefer structured settlements over lump sum payments, there comes a time when a claimant may need a large sum of money. It could be any situation. He wants to enjoy the money now because of any reason. He wants to buy something, he wants to move and he wants the money to start over. It doesn't matter what the reason is, a person may opt to cash out his or her structured settlement anytime he wants to.

So if you have a structured cash settlement and you need cash right now, you may just opt for choosing a cash lump sum payout instead of payments over time. If you do want a lump sum payment for your structured payment for any reason at all, there are tons of advance payment institutions that would love to help you out.

You have to understand though that these financial institutions are doing business. They will want to make a profit from the deals they make, so when they provide a lump sum payment or a cash payout for structured settlement you will receive a smaller amount than you would have received over time with your original structured settlement.

You should consult with an attorney or a financial adviser before making any decisions. While a cash out seem enticing because of the lump sum payment, it my not be in your best interest.

Always use common sense when doing deals with your money and your future. Also, try to remember why you selected a structured settlement in the first place. Structured settlements are designed to protect the claimants. They can budget their money and not blow it all in a month or two.

Try to remember also that a cash payout for structured settlement may have legal restrictions in many states. Again, you should learn about your rights and any unforeseen consequences before making a decision.

There are times of course when you really need the money for an emergency, and this is where a cash payout for structured settlement comes in very handy. The companies that deal with this business are the ones you need to go to. There are many companies online that take only a small percentage of your structured settlement as their payment. The prices vary depending on the value of the settlement and the form of the structured settlement. Many online website helps you to look for these kinds of companies and get you a good deal.

It is wise to do lots of research before you do anything with your structured settlements. Try to find reputable companies that have lots of experiences with cash payout for structured settlement. Learn about all the fees involved and any other requirements needed to make a cash payout for structured settlement. It would be wise to come prepared when you are actually going to be dealing with these companies.

Have a lawyer or a financial expert look over any contracts or any paperwork to ensure your security and so that you don't get bamboozled. You are entitled to your structured settlement. Be careful not to let it go down the drain.

About the author: Learn your options at the Structured Settlement Knowledge Base Website so you can make an informed decision.

Cash For Structured Settlements - The Smart Way

2008-11-04T03:05:00.001-08:00

Author: Amit Laufer

For most people when they buy a house it is considered their life's largest deal. In some cases of structured settlements the compensation and financial considerations for a persons life duration and the total present value of the settlement can reach few millions of dollars. Therefore it is strongly advised to use professional services like annuity consultant and a lawyer specialized in this field in order for you to avoid painful costly mistakes. Here are some tips:

- Think twice before you make a decision. Do you really need that money or you want to feel rich, secure, powerful etc'

- Take only part of the money not all of it, in case of an injury claim the Court needs to approve your request, the judge will want to know what do you need the money for.

- Some Funds will try to convince you that due to Inflation and rising cost of living your annuity payments have less and less buying power over time. Remember that if the Structured settlement was done properly it has a cost-of-living adjustment (COLA) feature build into it in order to offset the effects of inflation over time. So the funds claim on this issue is only partially true as the cost of living index is an artificial and biased measure of the actual inflation over time. Still even 70% protection is reasonable.

- When you get a large sum of money take into account that each bank is F.D.I.C. insured for up to $ 100,000 only! That means that if your sum of money is bigger than that you will need to open additional Account/s in a different bank/s in order to be covered.

In addition take into account that as long as you deposit your money in C.D's (e.g. Certificate of Deposit) you are covered, but if you invest your money In fixed income, stocks, bonds, and mutual funds. These securities are NOT F.D.I.C. insured!

- In case you transform Lottery winnings payments or a large sum of money from structured settlement, keep it as discrete as you can, It is not recommended to go and buy a Rolls-Roys or any other flashy car, that will bring the criminals and the charity people to chase you. That might even cause your children start to ask for money. Try to keep it a secret.

- It is a good Idea to get more than one or two offers from various private funds before making a decision, remember you are a very lucrative customer, the funds should fight over you! Don't be timid to negotiate and manipulate them to maximize your money.

About the author: Amit Laufer is a writer and internet marketer. Mba & Bsc Computer and Inforamtion systems.

Owner Editor of: St ructured Settlements

Post-Divorce Alimony in Texas

2008-11-03T03:02:00.000-08:00

Author: Scott Morgan

This article provides a brief overview on Texas law concerning post-divorce alimony in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your particular situation. Additionally, this article deals only with post-divorce alimony. It does not address temporary alimony, which is provided for under a different provision of the Texas Family Code.

Two Kinds of Alimony: Contractual and Court Ordered Maintenance

There are two kinds of post-divorce alimony in Texas: contractual alimony and court ordered maintenance. The Texas Family Code also provides authority for the court to order temporary alimony which occurs while a divorce is pending. However, temporary alimony is outside the scope of this article and will not be addressed.

Contractual Alimony Contractual alimony is based on an agreement between the parties in their divorce decree. For tax purposes, contractual alimony is normally deemed income to the receiving party and is deductible from the income of the paying party. Since contractual alimony must be based on an agreement of the parties, there are no limits to the possible amount or duration of the alimony.

Court Ordered Maintenance

Court ordered maintenance is provided for by Texas Family Code Chapter Eight. Although actually awarded in only a small percentage of Texas divorces, the court has the right to order one spouse to pay the other post-divorce maintenance in either of two circumstances:

1. The payor spouse either received deferred adjudication or was convicted of a crime constituting family violence within two years of the filing of the divorce case, or

2. The parties have been married at least ten years and the receiving spouse has some kind of financial limitation (disability, unable to work because caring for the party's child, or lacks earning ability to meet minimum reasonable needs).

The monthly amount of court ordered maintenance is capped at the lesser of: a) $2,500 or b) 20% of the monthly payor's gross income.

The maximum duration of court ordered maintenance is three years. The only exception is when maintenance is ordered as the result of a disability, in which case the duration can potentially extend indefinitely.

Considerations

Where there is a large disparity in incomes alimony can sometimes be used as a useful settlement tool. Since alimony is generally taxable to the receiving party and deductible to the paying party it can be often structured so that it is advantageous to both parties.

For example, a party in a high tax bracket can agree to make monthly alimony payments in exchange for a more favorable property division. If the receiving party is in a lower tax bracket, the overall income tax paid could be significantly lower than what it would be otherwise.

Another factor to consider is how rarely Texas trial courts order maintenance, absent an agreement. The statute allows for maintenance only when the specific statutory circumstances have been proven. There are several appellate cases that have reversed trial court decisions ordering maintenance when the requesting party did not provide sufficient proof that the standard had been met.

In cases where there is a large amount of community property, one of the most effective arguments in attempting to defeat a maintenance claim is that the requesting party will have ample resources to provide for their needs since the party will receive a significant amount of assets from the division of property.

Another common argument used to defeat a maintenance claim is that, during the pendency of the divorce, the requesting party has not made significant attempts to either obtain employment or obtain training that would allow the party to obtain employment.

As an example, lets take a divorce case where the wife is requesting maintenance on the grounds that the marriage is longer than ten years and that she lacks the earning ability to meet her minimum reasonable needs.

If, the case has been pending for several months and at the time of trial she has still made no effort to obtain employment or improve her job skills, it will be a difficult claim to succeed upon. The court is unlikely to find that she is ""unable"" to meet her reasonable minimum needs and more likely to believe that she is unwilling to take the necessary steps in order to provide for her own support.

Conclusion

Alimony in Texas, while rarely ordered, is an important and complicated issue. It can be used as an effective settlement tool and can potentially be a significant trial issue. For someone involved in a Texas divorce case with a potential alimony issue, the issue should be discussed in detail with an experienced divorce lawyer.

About the author: Scott Morgan is a practicing Texas divorce attorney. For more information on texas divorce visit his website at http://www.texas-divorce-info.com . The website provides general information and resources on divorce, as well as specific information on Texas divorce law.

Lawsuit Loans - Caveat Emptor!

2008-11-02T03:03:00.001-08:00

Author: Wayne C Walker

If you have been injured in an accident it is quite likely that you have been financially stressed as a result, and are in need of an advance against your insurance claim, lawsuit or other legal action. If you are looking for someone to lend you money based on your future settlement, BEWARE! There are reputable sources available but, unfortunately, there are many more disreputable ones as well. In this article we will explain what to look for in a funding company and how to avoid being burned.

First of all lawsuit loans are not really loans – they are non-recourse investments and are not subject to usury laws. To avoid the usury limits, which would render the product economically infeasible, the typical lawsuit loan or lawsuit funding transaction is done in the form of an investment rather than a loan. This means that the funding company only gets paid if the lawsuit or claim is successfully resolved. If you lose your case you own them nothing! Generally speaking, this non-recourse element renders the transaction an investment (not a loan) under the law[1].

In the past, there were no sources of help available to personal injury victims due to a strange confluence of circumstances. 1.Bar Association rules of ethics prohibit your attorney from lending you money for anything but case expenses, experts, tests, travel to the doctor etc. This rule exists for your benefit. The Bar is rightly concerned that if your lawyer lent you money against your future settlement, a conflict of interest might arise, and you could be pressed into accepting a settlement that was less than you otherwise would accept. Also, attorneys are not banks and they simply can't afford to operate their law practice and be a lending institution as well. 2.Banks and traditional lending institutions do not have the skills to evaluate personal injury lawsuits and thus, will not lend money to someone whose primary asset is their lawsuit. About seven years ago, this void in the financial system started to be filled by a number of entrepreneurial companies – some good, some bad. It was a rather strange group consisting largely of lawyers, wall streeters, and well-heeled business people. They used their own capital to fund cases and a new industry was born.

In these early years fees were very high and contracts very severe. While rates generally ranged from 3% to 6% per month, it was not uncommon to see contracts with rates of 15% per month, compounded! Contracts were also very Byzantine. However, rates have steadily come down and contracts, while not exactly consumer friendly yet, have become less severe. In short, the business was maturing into a responsible part of the specialty finance industry.

However, over the past two years or so, American Cash Flow Corporation[2], a "marketing" company with a rather checkered history, targeted the industry for promotion. Since then, the lawsuit funding industry has resembled a Wild West gold rush attracting an unbelievable number of "get-rich-quick" rip-off artists, amateur lending brokers with no experience and just plain folks who paid their $5,995 ($2,495 for the tape course) to become a "cash flow broker" and are trying to make their fortune.

Virtually all of these "cash flow brokers" are just that – brokers. They do not invest their own money to fund lawsuit advances. However, they all do have websites that trumpet their expertise without revealing that they have none and are not acting as principal. If you are not careful dealing with them can make your situation worse – much worse.

Tips for shopping for a lawsuit funding: •Deal with a company that is investing for its own portfolio. Otherwise, you could wind up paying a great deal more than necessary. Do not deal with brokers - someone has to pay the brokers fee and that someone is you! Would there be so many brokers if their commissions were not high? •Deal only with certified websites. When applying online, deal with a website that has the seal of Trust-e or one of the other recognized non-profit website privacy confirmation organizations. Your personal information may be used improperly. •Do not supply information that is not otherwise discoverable. Certain information is privileged (between you and your attorney) but that privilege is lost once it is shared with a third party. An inexperienced funding company may require information about your case that, once in their possession, will lose its attorney-client privilege and may be subpoenaed by the defendant. Experienced companies like CapTran www.captran.com never ask for this type of information. •Look for the best rate. Some companies like CapTran offer best rate guarantee. If CapTran approves a case and makes an offer, they will match or beat any legitimate competitor's written offer or pay you $200. (You only get the $200 if they fund the case or you turn their offer down for some other reason.) •Do not make multiple applications with different funding companies. First of all, you have no way of knowing if that company is going to try to sell your deal to one of the others to which you have applied (which will not sit very well with the real funding source). Multiple applications create a nuisance for your attorney since he or she will have to complete many requests for information. Your best bet is to make an informed choice and work with that company. •Check with your attorney. Never sign a complicated contract such as a lawsuit funding agreement without first consulting with your attorney. Questions to ask a funding company: 1.How long have you been in business? The lawsuit funding industry is very young and has a great number of brokers and inexperienced companies with no real money. A sure tip-off is if the company advertises a mind-boggling array of financial products and services including note purchasing, account receivable financing, structured settlements, purchasing of lottery winnings etc. They simply want to shop your funding application until they find someone with money to fund it. Meanwhile, nothing is really happening with your application. If a company advertises that they work with a "network of investors" it simply means that they have no real funds of their own and therefore, cannot make a funding decision themselves. 2.How many cases have you funded (approximately)? CapTran for example, has handled over 10,000 funding requests and invested in several thousand of them. 3.Do you use your own money or are you a broker for others? Be wary of companies that are members of the American Cash Flow Association as they almost certainly have no experience. Also be wary if a human never answer the telephone, as that is surely an indication of the level of service you are likely to get. 4.Who owns your company? 5.What is their business experience? 6.Do you have lawyers and paralegals on staff? 7.What the Annual Percentage Rate (APR) you charge? (If you are quoted a monthly rates see the next question.) You will probably be told that it depends on your case, which is true, but they can tell you what they charge for a typical case. If they tell you there are no typical cases hang up and go the next company on your list. You should expect to pay simple interest rates as low as 2% per month for a case where strict liability standards apply; 4% to 6% for a typical auto case, and; 6% or higher for medical malpractice. ANY rate higher than 7% per month can be bettered with a little shopping. 8.Are your monthly fees compounded? Many companies advertise deceptively low rates but load up the contract with many charges and monthly compounded rates. The most common practice is to charge an application fee and/or a closing fee that is sometimes 10% or more of the amount you are advanced. If you contract for $10,000 you might be charged an application fee of $500 AND another fee equal to 10% or $1,000 – a total of $1,500 in fees. Now, here is the best part – you will have to pay interest on $11,500 – interest on the $1,500 you didn't even get! In this example, if you were charged a 4.00% compounded monthly rate the true annual cost is not 48% but 75%! In this scenario it would be cheaper to take a 6% simple interest rate from someone else. DO NOT AGREE TO PAY COMPOUNDED RATES! Almost every client we deal with thinks that their case will settle in a short while, but personal injury cases can drag on and on for many reasons and those compound fees can eat up all of your settlement if your case takes much longer than you anticipate. 9.Do you charge any fees or discounts of any kind? This is very important as some firms charge a low monthly rate but add on application fees, discounts and other hidden charges that will dramatically raise the cost. 10.Will you send a sample contract to my attorney? Any reputable company will do this. 11.Can you give me an attorney with whom you have done business for a reference? Any reputable company will do this also. 12.Are you a member of the Better Business Bureau? www.bbbonline.com CapTran is a member of the BBB online and subject to mandatory dispute resolution. 13.If not, do you have a mandatory dispute resolution policy? What is your rescission policy? CapTran's policy allows for rescission for up to 5 business days after funding. If you follow these tips and ask these questions, your chances of finding the right funding company and the best deal for you are excellent. Armed with a little preparation and the age old admonition caveat emptor – let the buyer beware, you can successfully obtain a pre-settlement advance that allows you to stay the course and get a much better case settlement.

[1] This is a complicated topic but, generally speaking, if repayment of any part of the principal or interest is contingent on an event that is "more than a mere colorable hazard", the transaction is not considered a loan and not subject to usury laws.

[2] American Cash Flow Association™ ( ACFA ), also known as the American Cash Flow Institute ™ ( ACFI ), American Cash Flow Corporation™ ( ACFA ), National Mortgage Investor's Institute ( NMII ), Diversified Cash Flow Institute ™ ( DCFI ), among many other names – were all founded by Orlando lawyer Laurence J. Pino , who reprimanded by the Florida Bar Association for misusing an investor's funds.

On June 20, 2003 the State of Tennessee issued a Cease and Desist Order in which the State charged that American Cash Flow Corporation together with 12 related businesses and 12 named individuals "operated an illegal securities scheme that promised to make investors through the business of brokering "cash flow transactions". Pino was cited by the Attorney General of Tennessee in 1996 for a similar scheme under the name of Diversified Cash Flow Institute ™. At that time DCFI paid fees and costs to the state of $10,284 for violating the Tennessee Consumer Protection Act of 1977. Noted Columnist Jane Bryant Quinn also wrote disparagingly about Pino and his operations in The Washington Post 0n June 18, 1998 ""Note Brokering: Harder Than it Sounds"" ""Pino, 46, a lawyer in Orlando, Fla., describes himself as an ""exceptional business trainer."" His seminar experience goes back to 1983 - not always in the best of company. He first lectured for huckster Charles J. Givens Jr., who ran some dubious financial-planning organizations. In 1993 and again in 1996, juries decided that Givens had committed fraud. Later, Pino taught for Dave Del Dotto, an earlier popularizer of ""cash flow,"" who settled an FTC action in 1996 with a $200,000 fine. (Del Dotto went bankrupt; the FTC says he never paid). Pino himself was reprimanded by the Florida Bar Association in 1988 for misusing an investor's funds."" And in Newsweek reporter: Show Me The Money"" ""Larry Pino's pricey cash-flow workshops plug an easy way to get rich quick. It's a real business, all right -- but there isn't much easy or quick about it.""

Wayne C Walker President of Capital Transaction Group Inc www.captran.com ""CapTran"" a leader in Litigation Financial Services

About the author: Wayne Walker is President of Capital Transaction Group Inc, a leading litigation financial services company.

Structured Settlement or a One-Time Lump Sum Payment?

2008-11-01T03:03:00.001-07:00

Author: Greg Smith

Structured settlements can be ideally suited for cases with: • Persons with temporary or permanent disabilities • Guardianship cases that may involve minors • Workers compensation cases • Wrongful death cases • Severe injury

Want to Sell Your Structured Settlement? Not everyone benefits from a long-term payment situation and some may want or need a lump sum instead. The owner of a structured settlement, such as lottery winners, medical, insurance, accident and lawsuit settlement owners, can often sell their rights to the deferred payment stream, in exchange for a one time lump sum payment from a variety of financial institutions. All situations are different, and as with any legal issue, you should always consult your attorney.

About the author: Greg Smith is the publisher of the informational web site on Structured Settlements at http://www.settlements-i.com/. Visit his web site for the latest on settlements of all types.

Credit virus Debt

2008-10-31T03:03:00.001-07:00

Author: Laurie Palmberg

Secured And Unsecured Debt. What's The Difference? It's easy to just think that debt is just debt, but in reality, there are different types of loans, and it's important to know what which type you have.

You will need to understand the differences in order to be a good money manager, or, if the worse happens and you find yourself turning to credit or debt counseling, you'll need to understand how different types of debt can be handled. Let's take a look at two types of debt; secured and unsecured loans.

Secured debt is a loan that has something attached of value attached to it—this is called collateral. The most common examples are car loans and mortgages.

Collateral can be cash or the item (or items) that you borrowed in order to get. (For example, your car.)

With secured debt, if you fall behind on your payments, the collateral can be repossessed and the lender will sell it in order to collect the money that they are owed. But that doesn't always put you in the clear, in reality, even if the collateral has been repossessed or foreclosed on and sold, you may still remain liable for any balance remaining until the entire amount of the loan is paid off.

Additionally, with secured debt you cannot negotiate payments or any restructuring through credit counseling, and oftentimes you won't be able to discharge the debt by filing for bankruptcy.

On the other hand, unsecured debts act totally different. Most people associate unsecured debt with a credit card or a personal loan without collateral. But it can also be a commercial debt or a medical debt.

Essentially, this type of loan is structured around a good credit history and a personal promise to re-pay the loan. There is no collateral on this type of debt, and the creditor has no assurance – other than your agreement to repay on pre-determined terms – that they will get paid.

If you fall behind on one of these debts, a lender can send your account into collections and take legal action. More often, they will attempt to try and work out a reasonable debt settlement.

These debts and loans can be discharged, or restructured in bankruptcy or through credit counseling. The bankruptcy laws are changing.

Because of the lender's risk factor, you will generally pay a higher interest rate on these types of loans.

Most people have a mixture of both secured and unsecured debts, and both should be managed with the utmost care and concern. Many times, someone just starting to build their credit history will have to prove themselves with a few, small unsecured debt loans and re-payments in order to qualify to buy a home or a car (secured debt).

But overall, the most important thing is to treat each one as it is; a potential good mark that will improve your credit rating.

About the author: I have written numerous articles on identity theft and credit repair. I have a web site with inforamtion on many items. www.nothing-but-info.com

5 Mistakes People Make When Selling Structured Settlements

2008-10-30T03:02:00.000-07:00

Author: Louise Pointer

5 Mistakes People Make When Selling Structured Settlements

structured settlements, lottery winnings, annuities

Mistake One: Agreeing to sell to the highest bidder.

Mistake Three: Not determining how much you really need and thinking you must sell the entire remainder of the structured settlement or annuity.

Mistake Five: Not doing your due diligence on the structured settlement/annuity purchaser.

Selling a Structured Settlement

2008-10-27T03:03:00.001-07:00

Author: David Springer

What is a structured settlement?

Types of Structured Settlements

- Temporary Life Annuity: Pay you for a designated number of years if you are still living, so your annuity ends when you die. There's no provision for a beneficiary to collect remaining payments.

- Life Contingent Lump Sum: You'll receive a lump sum, provided you are alive on the due date. If you die before this date, your beneficiary is not entitled to the amount.

- Lump sum: You can set it up to receive the lump sum on a particular date, say, fifteen years from now. Your beneficiary will receive the lump sum on the future date if you have died before then.

The Details

So, even if your situation changes down the road, your payments will not. That's why it is extremely important to be thorough and careful when creating your payment schedule.

Inadequate Payments

Deciding to sell

Will I get the full amount that I would receive over a period of time?

Court Order

Selling Options

You do not have to sell the entire remaining amount, or any particular amount, if you so wish. Here are your selling options:

- Full amount: The purchaser calculates the present-day value of the payments and offers a lump sum

- Part of the payments: Only a specific number of the future payments are sold at their present-day value

- Percentages: You may sell a percentage of each payment and keep the remaining balance for yourself

Pitfalls of Selling

Benefits of Selling

High Return Residual Income Is Possible, Not MLM.

2008-10-26T03:03:00.001-07:00

Author: Jeff Dodson

Face it, when you hear the term ""residual income"" associated with a home business or income stream, most of the time you can bet the business is MLM. You see, residual income is a buzz term used by MLMer's to distract your attention away from the reality that they are selling MLM (I am NOT bashing MLM, just a fact). This is because, regardless what your personal belief is about MLM, many people have been pitched about some form of MLM ""over coffee"" so much they don't want to hear about it any more. The good news is that residual income does NOT have to be MLM related.

There are other sources of residual income and I will summarize one in particular that I think requires the least knowledge and skill, and still produce a residual income stream for you.

You have probably heard the commercials on TV about companies that purchase structured settlements from people. Let me explain, lets say you won the lottery or received a settlement from a court case of some kind, and lets say the payout was $500,000. Lets further say you were receiving monthly payments over 20 years. At the end of those 20 years, the paying entity would have paid you $500,000.

But lets say you all the sudden have an urgent need for more money than the monthly payments are providing. What do you do? Well, you could SELL your structured payment to someone that's willing to buy it. Why would someone buy it from you? Because they are not going to pay you anywhere close to $500,000 or whatever the remaining balance is and they will structure the purchase so that they make a profit. Lets say there is $475,000 left in payments. They might not pay you any more than $150,000 for that. You get what you need, immediate cash, and they get what they want, a return on their money.

The people that buy up structured settlements are not banks usually, they are individual investors or investment groups. And in order for them to buy large settlements like this, they might need more capital to work with. Where does that capital come from? Well, it could come from people like you, or me, people who want a larger return on their money than a bank, but that do not have the personal skills or connections to do this on their own.

Why would people like you and I give money to these groups? Obviously to MAKE money in return. But, since these groups or individuals are not banks, their relationship with you and I can't be considered as an ""investment"". So what will they ask of you and what should you expect? Often, what they will set up with you is a ""loan"" situation. You can loan money to whomever you want and for any reason, legally. You can agree on the terms, or have flexible terms. In that way, you loan money to the investment group, they take your money and utilize it along with other ""loaned"" dollars. These groups then use their expertise in their chosen investment model to earn a return on the loaned funds. This return must be large enough to pay their own pockets with room left over to pay those who loaned the cash in the first place. Sometimes the returns paid on these loans can be quite high for people like you and I. It is possible to earn a very good income from this type of opportunity.

Other similar investment groups use the loaned funds in different ways. For example, I am familiar with one such investment group who's invested funds (on loan to them from others just like you and I) are at work in the very lucrative FOREX (Foreign Exchange) and COMEX (Commodities Exchange) arenas with a small amount in the Stock Market. Other investments include successful Internet Marketing concerns as well as their very own Sports Arbitrage program. Profits from these investments are used to enhance their programs, increase stability for the long term and best of all, pay back loaned funds at returns up to 10% a month. I know this sounds extremely high, but if you know anything about successful forex or comex traders, the good ones make a ton of money.

So, how do you find opportunities like this? They are not common, that's for sure, but if you look around you can find them. Looking for local investment clubs in the various search engines like google can be helpful. You can also get recommendations from associates whom you know invest. If they don't directly invest in this manner, they might know someone that does. However you find them, I suggest that at least some of your available funds are placed into such a program.

About the author: Experienced Business Consultant, Jeff believes all investors should include high yield products in their portfolio. Learn how to get his managed choice here Mazu Business Pack and click on ""Residual Income""

10 Keys to Choosing a Mesothelioma Attorney

2008-10-25T03:03:00.001-07:00

Author: Scott M. Hendler

10 Keys to Choosing a Mesothelioma Attorney

Hiring a lawyer can be an intimidating process, especially if you've never hired one before. Mesothelioma and other asbestos-related cases are complex and require experienced, top notch attorneys. How do you know which lawyer will bring the attention and skill to your case that it deserves? We've compiled the following list to help you with your decision:

1. Trust your instincts. Do you feel comfortable talking with the prospective attorney? Does he or she listen and ask questions? If you feel that you are not being taken seriously, go elsewhere.

2. Check the attorney's professional credentials. Carefully review the firm's website and brochures, and check the attorney's profile and rating at www.martindale-hubbell.com. If you're still unsure, ask for references.

3. Make sure the firm is customer-oriented. Do you have direct access to the attorney who is actually responsible for your case? Does he or she return your phone calls promptly? Remember you are the customer and have the right to expect good service.

4. Ask if your case will be handled individually. Some firms will accept your case, only to bundle it with a large group of similar cases. This practice tends to diminish the value of stronger cases in order to help weaker ones.

5. Find an attorney with experience in mesothelioma litigation. Does your attorney have direct experience in mesothelioma litigation? Look nationally for a firm with a solid track record in this area.

6. Make sure your attorney has trial experience. Many attorneys have limited trial experience. Although most cases settle out of court, a lawyer with a strong trial record puts you in a better bargaining position during the negotiating process.

7. Find a skilled negotiator. Does your attorney have training in negotiation? What is his or her settlement value track record? Even though most lawyers spend a much greater percentage of their time negotiating than trying cases, very few attorneys have training or expertise in this area.

8. Ask the firm who their strategic partners are. Under certain circumstances law firms join forces to share their research, expertise and other resources in order to build the best possible case for you.

9. Make sure the firm works on a contingency fee basis. With this type of arrangement the law firm incurs all the financial risk. You don't pay any out-of-pocket costs until the firm recovers compensation for you; fees are a percentage of the recovery.

10. Check to see if the lawyer is AARP-approved. If not, go to the AARP Legal Services Network to find an attorney. Besides being extensively screened by AARP to become approved, AARP attorneys offer AARP members a 20% discount on their standard legal fees.

Although selecting a qualified mesothelioma attorney is not easy, don't get discouraged. There are great lawyers out there who are genuinely interested in helping others. Your case deserves no less. For more information visit www.mesotheliomaadvice.org/legal/mesothelioma-attorney.asp.

About the author: Scott Hendler is Founder of HendlerLaw, a plaintiff's firm focused on mesothelioma litigation(www.mesotheliomaadvice.com). His firm has won record verdicts and settlements in numerous cases and recently won an argument in front of the U.S. Supreme Court. In 2003 Scott was honored with an AV rating by Martindale-Hubbell. You can reach him at 800.443.6353 or help@hendlerlaw.com.

Are You Thinking Of Hiring A Criminal Defense Attorney?

2008-10-24T03:03:00.001-07:00

Author: D Ruplinger

If you have been arrested or accused of a crime that has the potential of jail or prison time, you may want to seriously consider hiring an attorney to represent you. Unless you don't mind the possibility of spending time in jail, you'll probably want the services of an attorney.

Almost any expert will strongly advise a person against representing him or herself in court unless they are very knowledgeable about the field of law; and even then he or she will still be discouraged from representing him or herself for a criminal case. Less than one percent of people represent themselves in a criminal case. The vast majority of people engage the services of an attorney. That is because it is very difficult for someone to represent him or herself in court.

You wouldn't want someone without any knowledge of how to do heart surgery doing a heart transplant on you would you? Likewise, would you want to represent yourself in court and face possible prison time without having the best possible legal advice available to you?

If a person cannot afford to hire an attorney the court will appoint an attorney, typically called a public defender. The constitution of the United States requires a person be provided with legal representation if they cannot afford it. But it is only required if a person is facing possible jail or prison time. If a person is only facing the possibility of a fine, the court is not required to provide the defendant with an attorney.

A court appointed attorney may not cost the defendant any money or the defendant may receive the court appointed attorney at reduced fees. It depends on the income of the defendant. If a person wants a public defender they will be required to fill out financial documents for the court to determine whether or not they qualify for a public defender and also whether or not that they receive the services of the public defender for free or at a reduced cost.

If a person qualifies for a reduced cost court appointed attorney, it is generally called a partial indigency. At the conclusion of their case, the judge will require the defendant to reimburse the county or state for a specific portion of their legal fees. The rates are usually much lower than those charged by private defense attorneys.

If you do not qualify for a court appointed attorney and are hiring one on your own, how do you find one? Personal recommendations from people you know are almost always the best way to find an attorney. Other sources of information to help find a criminal attorney are: Internet, Yellow Pages, your civil practice attorney, your local bar association lawyer referral panel (if they have one) and the Martindale-Hubbell publications.

The Martindale-Hubbell publications are available at most libraries and on the Internet. The publications do their best to list every attorney in the US by geographical area and lists the area or areas of law that attorney specializes in.

When hiring a criminal attorney on your own, try to interview several attorneys before hiring one or ask your family and friends help you. It is important to find an attorney you feel comfortable discussing all aspects of your case with. Some defense attorneys offer a no cost personal interview consultation. One thing to remember when hiring an attorney: make sure you hire an attorney who specializes in your area of criminal law.

Most attorneys will require an up-front retainer fee which can be a significant amount depending on the type of criminal case you have.

Some attorneys charge a set fee for handling a specific type of case. But it is more common for an attorney to charge by the hour. Some attorneys who charge by the hour will set a cap fee for the case. That means a sum will be agreed on that is the highest amount the defendant has to pay. If the hourly costs reach this set amount, the lawyer will finish representing the defendant through to the completion of the case without charging any more money.

Although contingency fees, which are where an attorney only gets paid if he or she wins the case, are common with certain types of civil cases, they are not used with criminal cases. Contingency fees are considered unethical and are not permitted in criminal cases.

In addition to knowing what fees an attorney will be charging, a defendant also needs to know what services those fees cover and do not cover. Fees such as the cost of expert witnesses are normally not included in the normal fees of an attorney.

About the author: D Ruplinger is a featured writer for http://www.defenseattorneys pro.com . Visit the site for information about defense attorneys and

defense attorney referral services

Structured Settlement - Guaranteed Income for those with Disabilities

2008-10-23T03:03:00.001-07:00

Author: Charles Essmeier

Up until twenty years ago, anyone who won a lawsuit as a result of a claim involving worker's compensation, wrongful death or accident had to accept a lump sum payment as their compensation. The payment would be intended to be invested, with the beneficiary living off of the proceeds for as long as their recovery was expected to take. In many cases, this type of settlement works fine, but in other cases, the results are a disaster.

It is difficult enough for someone who has been through the trauma of an accident or illness to have to adjust to a new lifestyle without having to also become an expert in the art of financial investing. If you have been active all of your life and you suddenly find yourself in a wheelchair and having to handle assets of several hundred thousand dollars or more, you could be overwhelmed. You could hire someone to handle the investments for you as well as the tax issues, but what if the person you hired wasn't trustworthy? What if you hired a greedy relative who took all of the money? What if you hired someone incompetent?

These problems, and statistics that show that people who receive large sums as compensation for accident, injury, or wrongful death often spend all of their money in a short period of time, led to Congressional action in 1982 that amended the Federal tax code to allow for structured settlements. A structured settlement is simply an agreement between the responsible party and the injured party that the payments will be made over time, rather than in a lump sum. The two parties reach an agreement, the party responsible for payment purchases an annuity, usually through an insurance company, and the injured party will receive steady income over a period of years or even a lifetime.

The payments are adjusted for inflation; the sum of all of the payments will be greater than if the amount had been paid as a lump sum. Because the payments are purchased up front as an annuity, the paying party actually pays less than the sum of the payments, as well. The result is generally a win-win situation, with the injured party receiving a steady stream of income over as long a period of time as necessary, while the paying party does not have to worry about making monthly or annual payments.

While a structured settlement is not the ideal payment arrangement in all situations where a long term injury settlement occurs, it does work well in many cases where a lump sum payout might be undesirable.

What is a Structured Settlement

2008-10-22T03:03:00.001-07:00

Author: Amit Laufer

These same funds are handling Lottery winners long term payments into one single lump sum as well as all kinds services of cash against future payments.

(c)Copyrights 2005 - http://annuity-structured-settlements.blogspot.com/

Take A Structured Settlement Or One-Time Lump Sum Payment?

2008-10-21T03:02:00.000-07:00

Author: Greg Smith

Structured settlements can be ideally suited for cases with:

* Persons with disabilities * Guardianship cases that may involve minors * Workers compensation cases * Wrongful death cases * Severe injury case

About the author: Greg Smith publishes the informational web site on Structured Settlements at http://www.settlements-i.com/ . Visit the site for the latest on settlements of all types.