Durable Power Of Attorney

Coming up with an estate planning checklist can be a jarring activity. Basically, a person who devises an estate plan is acknowledging he or she will die. Of course, we all know that death is one of life's few certainties. But it's often sobering to see an estate plan in black and white.

But the reality that we're only here for a finite amount of time is what makes estate planning so important. When done correctly, the entire process - from declaring a durable power of attorney to drawing up wills to donating money tax-free to family members, friends and charities and every activity in between - will make things much easier for a person's survivors in the days, months and years following his or her death.

Here are some estate planning basics to follow:

Find a durable power of attorney. This may be even a more essential step than writing a will. A durable power of attorney is the person who has the legal right to act on behalf of someone who is medically incapacitated. Establishing a durable power of attorney provides the estate planner peace of mind knowing his or her affairs will be in the hands of a trusted family member or confidant. It is especially important for estate planners to do this well ahead of time, because should someone suffer an injury or illness that renders him or her unable to handle his or her affairs, a court will appoint a guardian or conservator at the family's expense.

Write a will. A will ensures the deceased can declare where his or her "probate property" - i.e. the property the deceased owns at the time of death, such as real estate, automobiles and some bank accounts - will go following his or her death. A will can also help the wealthy minimize the estate taxes their survivors will have to pay. Those who die without a will in place ("intestate") will have their estate distributed during the probate process, which can be costly and time-consuming for the survivors.

In 2012, there is no estate tax assigned to estates valued at less than $5,120,000. However, the federal estate tax is 35 percent, so it behooves those who have this much property and are not leaving it all to a spouse to design an estate plan in which they make tax-free donations that can lessen the tax hit their descendants will take. An individual may donate as much as $13,000 to another person without having to report the gift via a gift tax return. And gifts made to charities are not taxed.

Estate planning is an imposing task from the very beginning and the locating of a durable power of attorney. But it is vital that it be done, and done correctly, so that a person has a say in how his or her estate is distributed upon death and to maximize the inheritance received by his or her survivors.

Stoever Glass & Co. Inc, specializes in tax-free municipal bonds for high net worth individuals and investment advisors for over 45 years.

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A History of Corporate Abuse: Mesothelioma

"My answer to the problem is: if you have enjoyed a good life while working with asbestos products why not die from it. There's got to be some cause."

This quote came from a purchasing director for Johns Manville corporation in 1966. Years later the company would face bankruptcy from being overwhelmed by nearly 16,500 asbestos lawsuits in what would become an important moment in the history of asbestos litigation.

For years large corporations like Johns Manville operated their asbestos manufacturing operations with internal knowledge of health problems and tried their best to control any information that hinted to the safety risks of asbestos.

It is a sad corporate legacy and one that continues to haunt the numerous dying and diagnosed men and women who seek compensation for their exposure. Some estimates put the number of exposed patients to nearly 27.5 million between 1940 and 1979.

It wasn't until the mid-1970s that the Occupational Safety and Health Administration began to regulate asbestos exposure. By then however it was all too late. New cases of asbestos related health problems will continue to be diagnosed every year at a rate of nearly 3,000 cases for mesothelioma alone. The reason is that asbestos related illnesses have long latency periods of up to 40 years before exposure can lead to cancerous formations.

According to Adam Raphael, "the best estimate of what lies ahead is a study published by the Yale School of Organization and Management in 1992. It predicts that there will be 200,000 asbestos-related deaths over the next quarter of a century at a cost to asbestos manufacturers and their insurers of $50 billion."

With such liability it is easy to see why since 1985, nearly 16 major asbestos manufacturing firms have gone out of business. When they go out, it makes it nearly impossible for families to collect compensation.

Furthermore other companies still in business like Johns Manville have set up inadequately funded pools for compensation. Just last year W.R. Grace sent a notice to residents of Libby, Montana (the site of a once booming asbestos mine where 1 in 8 residents is infected with a lung disorder of some type) telling them that they were no longer sick and should seek other forms of medical assistance.

Its a sad corporate legacy where millions of average Americans worked long hours to provide a better life for their families only to get nothing in return from the employers who benefited.

Please visit this site for Mesothelioma Information.

Article Source: http://EzineArticles.com/?expert=William_Gallahue

Frequently Asked Questions About An Asbestos Law Suit

Asbestos litigation is one of the longest-running and most expensive mass torts in the history of the United States. For those who do not know the term, "mass tort" refers to a class-action lawsuit. This means that a mass tort is a lawsuit which involves a group of people instead of just one individual.

Currently, asbestos litigations involve more than 600,000 people suing more than 6,000 claimants. If you are one of the people who think that a company has put your life in danger and who wishes to gain justice by bringing that company to the court, then there might be a few questions you want answered. Here is a list of the Frequently Asked Questions by people regarding Asbestos law suits:

How soon after I am exposed to asbestos should I file a law suit?

Many people are frequently unsure regarding whether or not the time is right to file an asbestos law suit. This may be because they are yet unsure regarding whether or not they will be able to claim damages. One of the best pieces of advice that people can give you would be to consult a doctor first. This is because exposure alone to asbestos cannot serve as grounds for litigation. You need to show that your health has been adversely affected by exposure to asbestos before you can start a law suit. An asbestos law suit should definitely have a strong base if it is to go far. You need to remember that some asbestos-related illnesses can be hard to diagnose. This means that you need to be very sure before you attempt to file an asbestos law suit.

If you have been exposed to asbestos but have not yet developed symptoms, then you should definitely try to monitor your health very carefully. Some asbestos-caused illnesses like mesothelioma actually only show about 20-50 years after the person has been exposed to the substance. Watch for any telltale signs of illnesses and then contact a doctor right away. This is because some states have a statute of limitations which prevents people from suing a company when a certain time period has passed after they learn about the disease.

What is a contingency fee?

If you plan to go ahead with an asbestos law suit, then you may be thinking hard about how to pay for it. Most firms actually understand how hard it must be to face the disaster caused by asbestos in your life and they do not want to further add to your burden by charging you for every hour of their advice. In fact, most firms today accept payment in the form of contingency fees.

What exactly are these fees? Well, a contingency fee is a fee that the law firm collects only after the case is finished. A contingency fee is actually based on the amount of damages that you will be receiving as this is often stipulated in contract as being a percentage of the total proceeds of the case.

You have to be careful when agreeing to contingency fees. Some firms take the contingency fees out of the gross proceeds of the case. That is, they take the agreed upon percentage out of the total amount and then subtract the legal fees from your share. This means you will only keep a very small percentage of your cash. Try to look for a firm which deducts the fees from the net proceeds. By doing this, they will bear an equivalent share of the legal fees that you have incurred during the case. If you wish to know the percentage which you might have to part with as a contingency fee, most firms actually charge 1/3 or 33.33 percent.

How much money do litigants get?

This question cannot really be answered without enough information regarding your case. The amount of cash which a company will be willing to part with in your case depends on the particulars of the case. Some people can be hurt because of the fact that the damages that a person receives in an asbestos law suit often depends on how important his or her case is in the light of other people's complaints. This is because to every person, especially those whose lives have been shattered because of their exposure to asbestos, their case is the biggest one.

What is the first step in filing an asbestos law suit?

Always consult a lawyer first. The lawyer will be able to help you by handling all of the details which you may need to complete in order to get on with the asbestos law suit. When you consult a lawyer, you would then be required to cooperate in the information-gathering process. That is, you would be required to disclose any information which is possibly relevant to the case. There are steps following these, but the two described above ought to get you started in an asbestos lawsuit.

For more complete information on mesothelioma please go to:

[http://freemesotheliomalawyer.com/asbestos-law-suit-faq/]

[http://freemesotheliomalawyer.com]

http://www.drnathaliefiset.com

Article Source: http://EzineArticles.com/?expert=Nathalie_Fiset

There's an old joke that asks "How do you get to Cargenie Hall?" The answer is "Practice."
The same can be said for becoming a medical malpractice lawyer in New York.

My first boss, a well-known trial attorney in New York, told me one day after an exhausting and productive day, that trial lawyers are not born great trial lawyers. Rather, they must practice their trade day in and day out. Only through experience and practice can one become a truly good lawyer.

Becoming a lawyer

In order to become a lawyer in New York, you must attend four years of college. You then must take the LSAT (law school admission test) and apply for admission to law school. Law school is usually a three year program, and once you finish school- you must take the New York State Bar Exam. This is a two day exam that tests your knowledge of general and specific areas of law. Once you pass the bar exam, you must pass an interview with the character and fitness committee in the County in which you live. Once you have passed the interview you will be permitted to practice law in the State of New York.

Gaining experience

Most attorneys will go to work for a law firm to gain experience, and after a few years, move to a different firm. Some will open their own law firms, and some will remain where they started. One of the best ways to gain experience in medical malpractice law in New York is to work in a defense litigation firm that handles medical malpractice defense. There you will learn to handle the file, deal with paperwork, attend court conferences, deal with clients, take depositions, and if you're lucky, assist senior attorneys with trials. In years past, the younger associates at such defense firms could easily count on starting their own trials within one to two years of passing the bar. However, with malpractice cases being so complex, and physicians and insurance companies being weary of the young novice attorney representing such significant matters, it's unlikely that you will be handling your own trial until you are either a partner, or have many years of experience under your belt- even if you are the smartest attorney to come out of your class.

Medical malpractice law

Medical malpractice law is a sub-specialty of tort law- also known as personal injury law. The only way to become good at it is to gain experience by practice and guidance with a senior trial lawyer who handles these cases on a day to day basis. Not only do you need to learn the law specific to medical malpractice issues, but you also have to become somewhat of an expert on the medicine involved in the case.

Learning the medicine occurs by reading medical literature, medical textbooks, speaking with physicians, consulting with your medical experts, and treating doctors. Learning how to apply that knowledge to your case is what takes time and experience. Learning how to cross-examine a doctor at a deposition or question him skillfully at trial is what separates the good attorney from the excellent attorney.

Contrary to what we see on television, the key to being a good trial attorney who handles medical malpractice cases is preparation. Preparation of the medicine, preparation of your records, exhibits, your clients, and your experts; in a word: Preparation. You must know your case better than your own client does. You must educate the Court about your case, the law involved specifically in your case, and must convey your knowledge to the jury in a way that makes your case more believable than your adversary's case.

My own experience

In my daily practice, I truly enjoy handling medical malpractice cases. I enjoy speaking with potential clients who call to see whether they have valid cases that warrant investigating and prosecuting. The hardest part of my job is telling a potential client that I cannot accept their case. When that happens the natural question is "Why can't you take my case?" The answer to that question can be simple or complex depending on the type of case they're calling about.

Being able to help victims of medical malpractice is always rewarding, as many of these victims cannot help themselves and need legal help with rebuilding their lives, their finances and their frail bodies.

For those who call for tort reform, keep in mind that there are many instances of valid malpractice cases here in New York that so few contrarians even wish to discuss. Rather, they want to focus on a few bad apples who bring cases that are questionable. Instead of focusing on a few bad apples, keep your mind focused on what can be done to prevent malpractice from happening, and once it does happen, how to properly and fully compensate the injured victim.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you.http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

Mesothelioma Litigation - If Your Employer Knew, Ask A Lawyer If You Can Sue

Overexposure to asbestos materials and fibers has been found to pose a number of health hazards. Numerous studies have shown that overexposure to asbestos has lead to the development of a number of diseases including diffuse thickening of the pleura, larynx and lung carcinoma, pleural plaques, asbestosis and malignant mesothelioma. For a very long time, asbestos has been used for several purposes in the productions of industrial products that include textiles, insulations, roof shingles, various flooring products, cement, brake linings, gaskets among others. Employees working in such environments are at high risk of getting asbestos related diseases.

It is the duty of employers to ensure that the working sites are both healthy and safe for the workers and the surrounding environment. It is also the duty of employers to advice their employees on any health hazards that the working sites may expose them to. On the same note, employers have the responsibility of providing their employers with equipment and other working gear that can be used protection purposes. People working in industries that produce or use asbestos in its productions are expected to be provided with special clothing and other working gear that limits the exposure to asbestos containing materials.

Mesothelioma litigationis a lawsuit pressed by a mesothelioma victim against any employer for unknowingly exposing him to materials containing asbestos which in turn has resulted in the victim developing mesothelioma or other asbestos related diseases. Mesothelioma is a terminal disease which affects mesothelium which is basically the protective lining covering vital organs like the lungs, heart and the abdomen. The mesothelioma litigation is a way of facilitating asbestos compensation. Sometimes, it can be challenging to prove mesothelioma claims you may make for you to get any asbestos compensation.

Considering that mesothelioma can take between 20-50 years before it starts showing any signs, it can be quite a challenge to link mesothelioma to a working environment especially if you no longer work at the asbestos site. Again, the diagnosis of mesothelioma is a challenge on its own as the mesothelioma symptoms are quite similar to symptoms of other pulmonary diseases. However, a good mesothelioma attorney should be able to dig out substantial evidence linking your ailing health to your work environment. To make it easier for your mesothelioma diagnosis, it is very important to clearly discuss your symptoms and also what your professional dealt with. It is expected that your employer knew the health risks s/he was exposing you to before hiring you. Therefore, the basis of your mesothelioma claims will be that your employer knew what he was exposing you to asbestos and did nothing to protect you.

In as much as mesothelioma is a terminal disease which will only take about 6-18 months after diagnosis to claims the victim's life, it is very important to seek compensation. The mesothelioma compensation might not be able to cure your condition, but it can be used to cater for your medications and mesothelioma treatments that you can use to prolong your life. Even if you do not live to benefit from your asbestos compensation, your spouse or family can be compensated for losing you to mesothelioma.

Negligence is a very complicated subject and cannot be fully explained in a short article like this one. Lawyers spend years learning what is legal and what isn't so you should not assume that you have a case until you get professional advice. For more tips and information, please go to Mesothelioma Litigation Lawyers [http://www.mesotheliomalitigationlawyers.com].

Article Source: http://EzineArticles.com/?expert=Audrey_M._Hardy

Durable Limited Power of Attorney Forms - When to Use

When you would like to allow someone else to have the authority of acting on your behalf, you will have to use a legal document called a power of attorney. It is widely used legal form for any circumstance where there is a need for owner's signatures to make the contract legally binding. When a person signs the power of attorney form, he or she will be granting the legal authority to another individual to be able to stand in the owner's shoes; therefore he/she could act legally for the benefit of owner. In this situation, the person receiving the power of attorney is called attorney-in-fact. Contrary to many people's belief, the person doesn't have to be a lawyer in order to be the recipient.

In many occasions, power of attorney forms are very useful and popular among those who are especially interested in their own asset distribution or inheritance. The forms also can be used to give an authority to someone else to sign particular documents in case you are not able to be present but your signatures are required.

There are few different types of power of attorney forms, such as unlimited power of attorney, limited one and durable unlimited one. Among them there is one called durable limited power of attorney. With this form, you are providing for a limited grant of authority to another individual for very specific reasons. You are designating a person to act for you in a particular occasion, in a very specific manner and you can actually limit the activity that the person will perform. Therefore there are a lot more details described in the document and certainly there will be a limitation.

But this legal form and the contents inside will remain effective even though you become disabled or incapacitated, thus allowing the assigned person to act on your behalf in case of your losing ability. Your attorney-in-fact can keep the authority that is already given through the document and remain valid even if the power is limited. In order for this to be complete, the both parties' names and addresses should be clearly written on the document and signatures are required at the time of signing. Also there should be a full detailed descriptions and outlines of work area described on the document. Usually the owner's signature should be notarized and two other witnesses will be accompanied when the document is complete. In that case, the person who will receive the document is not eligible for being one of the witnesses.

If you are considering of appointing your attorney-in-fact, then you can download Power of Attorney Forms. It is used to protect your own assets and specify legal rights towards your assets after your absence.

For more information about legal documents, go to Free Legal Forms site, where you can find many free legal forms and resources including living trust forms that you can use to help secure your own company and assets.

Article Source: http://EzineArticles.com/?expert=James_L_Kirkland

1. They like to file frivolous lawsuits.

Wrong. Filing a medical malpractice lawsuit in New York is downright difficult. A lawyer must first conduct a thorough investigation of the facts and then have all the medical records reviewed by a medical expert. Only after the expert has confirmed evidence of wrongdoing; that the wrongdoing caused injury; and that the injury is significant, can the attorney go forward and file suit.

Remember, nobody likes a frivolous lawsuit. It's bad for the lawyer, the client, the doctors, and the Court system. While there may always be differences of opinion about what happened and who is responsible for the victim's injuries, a New York Medical Malpractice lawyer is ethically prohibited from filing a lawsuit that has no merit. Besides, who wants to waste thousands of hours of their time prosecuting a case that has no merit, and spent countless amounts of money to pursue a case that doesn't belong in the Court system?

2. They sue everyone who saw the patient, even if there's no reason.

Most of the time, this is incorrect. A lawyer is ethically bound to sue only those individuals who can be directly linked to the client's injuries. Sometimes, after reading a hospital record it appears as if nurses and health care providers participated in the events that led to the client's injuries. In those cases it may be necessary to name people in the lawsuit that might be peripherally involved.

Once it becomes clear during the course of the lawsuit that certain individuals had nothing to do with the malpractice or causing injury, the patient's lawyer is likely to dismiss that person from the lawsuit- either after they have given testimony or shortly before trial.

3. They get 1/3 to 1/2 of the settlement or verdict as their fee.

Wrong. In New York the fee is less than that. In a medical malpractice case, the lawyer's fee is based on a sliding scale which is set by law. It is less than 1/3. In fact, the lawyer's fee only starts at 30% and decreases as the amount we recover for our client increases. This sliding scale has been in effect in New York since 1985, and benefits the injured client, not the lawyer.

This is how a New York malpractice lawyer calculates his fee:

(1) The expenses that the lawyer has laid out to prosecute your case gets reimbursed to the lawyer from the total settlement amount.

(2) Of the remaining amount, the lawyer's fee is calculated.

If your award is anywhere from $1 to $250,000, the lawyer's fee is only 30% of that amount.

If you are awarded anywhere from $250,001-$500,000, the lawyer's fee on that segment of the award drops now to 25%.

If you are awarded anywhere from $500,001-$750,000, the lawyer's fee for that segment drops again to 20%.

This drop in the attorney's fee continues until you achieve over $1.25 Million. Anything over $1.25 million, the attorney's fee remains at only 10%.

This fee is significantly different than in a case involving a car accident or a trip and fall. In those 'negligence' cases, the lawyer's fee in New York State is 1/3 of your award, after the expenses have been repaid to the law firm.

4. They hate doctors and hospitals.

Wrong. Most malpractice attorneys recognize that most physicians and hospital staff work hard at what they do and appreciate the patients they treat. The problems arise with those few physicians who don't practice medicine in accordance with the standards of their specialty. It's those few bad apples that are careless and cause harm to patients.

Remember, lawyers are people too. They need physicians and hospitals too, and rely on their expertise when they are ill.

5. They are responsible for increases in health care costs and the premiums that doctors pay for their malpractice insurance.

Wrong. There are many studies that have been published by well-educated and well-credentialed folks who have consistently stated that increased premiums for medical malpractice insurance have little to do with the lawyers who file malpractice lawsuits. In fact, I just read an article where Anthony Bonomo, the Chief Executive Officer of PRI - Physicians Reciprocal Insurance Company (one of two major malpractice insurance companies here in New York), confirmed that lawsuits have little to do with the rise in malpractice premiums that doctors must pay for their medical malpractice insurance policies.

Some physicians argue that they practice 'defensive medicine' in order to run tests the patient doesn't really need. They also argue that running all these tests will prevent some lawyer from later claiming that certain tests should have been done to check for medical conditions that were never considered by the doctor.

The problem with this argument is that lawyers don't dictate what treatment patients should get. The physician should be smart enough to know what possible conditions the patient may be suffering from, and order those tests that will either confirm, or rule out those possible medical problems. If the doctor doesn't know enough about the patient's condition, then he should be referring the patient to a specialist, or calling in other doctors to consult about this problem.

If you want to look at why health care costs have increased, one need only look at the compensation that health insurance executives receive and question why they are paid millions of dollars per year.

6. They're looking for a quick settlement to squeeze money from the insurance company.

False. There is no malpractice insurance company in New York that would permit themselves to be taken advantage of. The insurance companies in New York that represent doctors and hospitals hire some of the best and brightest trial lawyers in the state to represent them from the initial stages of a lawsuit all the way through trial and appeals.

Importantly, the insurance company would never allow an attorney to squeeze them for a 'quick settlement'. It simply doesn't happen. In fact, most malpractice cases here in New York are resolved only shortly before or during trial. A lawyer that thinks a malpractice claim will be resolved immediately after filing the lawsuit is naïve, and not experienced with New York malpractice claims.

7. They can settle a case without the client's consent.

Wrong. In New York, the client must consent and agree to any settlement. If the client does not agree to the settlement, then the case continues forward. A lawyer is prohibited ethically and morally from settling a medical malpractice or injury lawsuit without their client's consent.

In fact, when a lawsuit is settled, it is best done in open court, 'on the record', where a record is made of the terms of the settlement. If the settlement is done privately, there are specific legal requirements that must be set forth in the papers confirming the settlement. Otherwise, one party may have difficulty enforcing the settlement.

8. They can settle a case involving an infant if the parent consents to the settlement.

Wrong again. In New York State, any case involving an infant (a child under the age of 18 years) must be supervised and overseen by the trial court. If a settlement is agreed upon by the parties in the lawsuit, the lawyer representing the injured infant must now apply to the trial court for permission to settle that case.

The lawyer is required to explain to the judge why he believes the settlement amount is appropriate and show to the judge medical evidence of the child's injuries and evidence that the injuries are resolved or will get better over time. If the lawyer cannot support the claim that the settlement is appropriate, the trial judge will not approve the settlement, and the case will continue, regardless of the parent's belief that the settlement is a good one.

9. They take any case that walks in the door.

Wrong. It does not benefit a lawyer to accept a medical malpractice case that has little monetary value or little merit. The malpractice lawyer works just as hard on a large case as he does on a small one. The amount of money and time spent to prosecute medical malpractice cases are enormous.

These types of cases are unlike car accident cases or slip and fall cases which are must simpler to prosecute. Lawyers who regularly handle medical malpractice cases here in New York typically reject 98 out of 100 cases that walk in the door. Out of those one or two cases that are accepted for investigation, most are rejected after being reviewed by a physician. This is the screening process that good malpractice lawyers use to evaluate a case.

10. They like to go to trial.

This is often true! A New York medical malpractice lawyer must have sufficient knowledge and experience to go to trial and take a verdict if the insurance company refuses to settle the case. In that instance the lawyer has no alternative but to present his case to a jury so that a panel of impartial folks can determine whether their claims are true. If true, the jury will decide how much to award to the injured victim.

A lawyer who takes a case solely to try and obtain a settlement does the client no justice. The lawyer must be prepared from the outset to go to trial. This is the only way to achieve the best possible result for the injured client. If the insurance company knows that the lawyer is afraid to go to trial, they stand a much better chance of taking advantage of this fact and low-balling the settlement negotiations and staying low.

When a case goes to trial, it means that both sides run the risk of losing. The question always is which side is going to blink first and recognize that settling the case is a better business decision than a jury verdict that could far outstrip what they felt the case was worth.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you.http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

Mesothelioma Support Group

When Should You Join A Mesothelioma Support Group

It isn't easy to deal with a diagnose of any type of cancer. But if the diagnosis is mesothelioma, the prognosis is even worse than most cancers. Feelings of being overwhelmed, that you are suddenly all alone in the world, fear, anxiety, anger, and the question "WHY ME?" are all natural responses. You will need help to deal with all these emotions, and that is nothing to be ashamed of. It is time to find yourself a mesothelioma support group.

There are plenty of them around. Every decent sized city has one, and most large cities will have one in several neighborhoods. There are easily found, by looking on the web...just give your zip code and the ones nearest to you will pop up quickly... or check your local or neighborhood newspaper for the one nearest to you.

Your doctor, the local hospital, or a phone call to the Cancer Foundation will also get you the results quickly. You will find that being able to voice your fears and ask questions of other patients regarding even the most intimate details of dealing with this disease extremely reassuring and helpful. Nobody should attempt to go it alone.

A mesothelioma support group for victims will be comprised of other people who are dealing with conditions that are similar to yours, as well as family members who can help your family to understand how to make your life easier as well. You will learn that you are not alone after all. Everyone there will either be living with cancer, in remission, or living with someone who is. The mesothelioma support group will tend to meet on a regular basis to discuss mutual concerns and fears around the disease, as well as different treatments and effects they can have on them and their families offering different coping strategy options and tips.

You may be asking yourself why you should join one. Well, who will understand the problems and the fears better than someone who is also going through the same thing? And they are experienced in dealing with side effects, emotional swings, and clues on how to live as normal a life as possible.

A good mesothelioma support group will have knowledge of your legal rights, be able to tell you were to get financial aid, and help your family learn how to cope with the disruption of their normal lives. There are often support groups that deal only with the family and friends of cancer patients. If your loved ones are having difficulty dealing with the reality of your situation, you should encourage them to find help as well.

I can't go into all of the information that's available about which mesothelioma support group will be good for you and available in your area in this article.

However, if you want to learn more about how to deal with this disease, you can check out the Mesothelioma Resource [http://www.mesotheliomaresourceguide.com] Guide. I had a friend with mesothelioma, and I have put together a resource site where you can get good information about all facets of mesothelioma help available. Feel free to visit it at: www.mesotheliomaresourceguide.com [http://www.mesotheliomaresourceguide.com]

Article Source: http://EzineArticles.com/?expert=Sandi_Oertell

The Road to Successful Mesothelioma Compensation

The amount of cases of mesothelioma and other asbestos related compensation claims currently circulating through the courts is absolutely dumbfounding, and goes to show what a high level of exposure to asbestos products our entire society was subjected to over the last century. In fact, sadly there are still asbestos installations dotting the country, whether in people's home or apartment insulation or even in public places. For all we know, mesothelioma could continue to be a serious threat to our health well beyond the point when the generation that was building ships in the 1940s has passed onto posterity. Whatever the case, it is important to have a clear notion of how to go about seeking compensation for mesothelioma-so that the people responsible for knowingly exposing entire generations of people to a dangerous substance end up paying for all the damage they have done to families and communities across the nation (indeed, this is a global issue).

As with just about any matter that will be taken up in court, it is crucial to educate one's self as to the rules to play by: what the time constraints are, who is available to help, and what avenues are open for furthering such claims of compensation. Fortunately for mesothelioma patients and their families, the matter has taken on such gargantuan proportions that many lawyers and law firms today have mesothelioma very present in their minds and are more than willing to take on such cases. Many individual lawyers and even entire law firms are dedicated to exclusively handling mesothelioma compensation cases given the money which is generally involved in out of court settlements and, should the case be so, rewards granted after a final verdict on a case.

Yet mesothelioma patients and their families should take everything with a grain of salt in light of the big $ that accompany such cases. Wherever and whenever it is apparent that a certain "case profile" is likely to land a lawyer or a firm a good wad of cash, it is likely that many scavengers and less than professional individuals/firms will come lurking. Hence, patients and their families (whoever is trying to advance a compensation claim) should go to some length to verify that the legal counsel they hire actually has experience, know-how and a positive track record in terms of handling mesothelioma cases.

Don't settle for just any lawyer: make sure you're getting a fair deal (that is the whole point here, right?). Ask for some testimony regarding previous cases in this particular field; inquire about the results of previous cases, and reasons why any of them didn't end in a positive result for the family and the victim (in that is the case). Learn from the lawyer's previous experiences, whether they were successful or not. Furthermore, once you feel that there is sufficient reason to trust in a particular legal representative, ask for their frank and honest assessment of whether you should proceed with your legal action-that is to say, do they think you have a good chance of winning the case or, at best, receiving an out of court settlement? Unfortunately, there are certain cases where it is almost impossible for the victim or their family to receive even the minutest amount of compensation...such is the world, an imperfect place where justice is not done in every instance where it is needed.

As you will see as you progress in the matter, timing and proper communication can make the ultimate difference in these legal struggles. There is no use in waiting to take your claims to court: in fact, there are statutes of limitations regulating affairs such as this, and if you pass the time period allotted without taking the matter to court you will have completely lost your opportunity. Of equal importance is the matter of communication: once you choose a lawyer that you can trust, do not keep anything from them, even the minutest detail. As the lawyer and his team go about investigating your case and the circumstances through which you were exposed to asbestos (many victims don't even know when or where this happened, which is a major obstacle to overcome), your full compliance and cooperation will be the only guarantee of the possibility of success. To recap the matter, speed and communication are a mesothelioma claimant's best allies.

Again on the matter of what legal counsel to accept, be sure that you are not required to pay anything up front-not even a single penny. This is standard practice with cases such as these, and the expression used in legal jargon is representation "on contingency basis," which effectively means that in the case that you do end up getting compensated only then will the lawyer be able to take their slice. Hence, if you wage a long and grueling legal battle only to wind up frustrated and defeated, at least you will not have had to pay for it yourself and you will still feel like it was worth the effort.

Ask your lawyer (and consult with other people that have been in your situation before) as to what particular legal course to take. There are different avenues for claiming compensation, and you need to know which is best for you: you can sue your employer if they were effectively at fault for your exposure, or you can sue a manufacturer or even in some cases a government entity at one level or another of jurisdiction. Make sure that, in the case that you are launching various claims, that none of them interfere with each other or decrease your chances of obtaining a favorable outcome-it's about knowing which battle to choose.

To find a qualified mesothelioma attorney, visit [http://asbestosattorneysearch.com].

Kirby Vasquez is a freelance writer from Southern CA that writes about health and legal related issues. To find out more info please visit [http://asbestosattorneysearch.com].

Article Source: http://EzineArticles.com/?expert=Kirby_D_Vasquez

Hiring a Good Lawyer for Mesothelioma (Asbestos Cancer) Law Suits

Mesothelioma (asbestos cancer) is the biggest reason why so many people today are hiring lawyers and going after various asbestos companies. Many companies in the past have used asbestos in their products despite the fact that they did know how dangerous asbestos can be to human health. In fact, mesothelioma is also known as asbestos cancer by many people simply because it almost always develops as a result of exposure to asbestos.

If you want to hire a lawyer for mesothelioma (asbestos cancer) law suits, then you need to be very careful whom to trust. You also have to realize that there is so much more to hiring a lawyer for mesothelioma (asbestos cancer) law suits than just dialing an 1800 number and signing a contract. Here are some things you should ask yourself:

Do I really have mesothelioma? Some people immediately go to a lawyer for mesothelioma (asbestos cancer) law suits without first confirming whether they have mesothelioma or not. You should realize that mesothelioma is actually a very difficult illness to diagnose since its symptoms resemble those of a lot of other diseases. This means you have to get a very thorough screening in order to prove that you truly have the illness. Some lawyers for mesothelioma (asbestos cancer) law suits offer to give you a free screening if they find that you do have a history of exposure to asbestos, so maybe it is a good idea to consult a lawyer first if you have your suspicions.

Is the lawyer experienced enough? The mark of a great lawyer is experience. If you are looking for a lawyer for mesothelioma (asbestos cancer) law suits then you have to realize the fact that finding an attorney with a lot of experience will be to your advantage. Some people believe that experience can be measured in terms of years, but experience should actually be measured in the number of cases that a lawyer has handled. It is actually quite easy to find out just how much experience a lawyer has, despite the fact that most lawyer will keep trying to evade the question. In fact, simply asking around town regarding who this lawyer is should provide you with a lot of insights regarding just how much experience that attorney has when it comes to asbestos litigations.

Try to ask from former clients to see just how the lawyer for a mesothelioma (asbestos cancer) law suit you are planning to get has handled their cases. With this information, you should be able to take a guess at how the attorney will handle yours.

Class-action vs. self-litigation. There are a lot of people today who are going after companies as a class / group. This means that they are all at once suing a single company for its fault in their cases. Now what are the advantages to this? For one thing, people who join in a class action lawsuit will often find it to be much easier than actually having to appear in court. This is because class action lawsuits are actually handled by the chosen attorneys and will actually only involve you being visited by some lawyers, signing some papers and if the case is won, receiving some money. The problem with a class-action law suit, however, is the fact that the compensation to be given out by the defendant is often given as a block figure to be distributed among the litigators. Your chances of actually being compensated will increase when you get a lawyer for a mesothelioma (asbestos cancer) law suit but the amount that you will get can get smaller.

The advantage of hiring a lawyer for a mesothelioma (asbestos cancer) law suit on your own is the fact that you will be able to present the case by yourself. This means that you will be able to present your case to its full extent. You will also be able to make the company pay you to the fullest extent. However, since you will be litigating alone, the company will also have an easier time fighting your case. Because of the higher risk that you will end up with nothing, a lawyer for a mesothelioma (asbestos cancer) law suit may choose not to defer payments and ask for a retainer up front.

Will the lawyer handle my case personally? There are certain people who get furious when they find out that the lawyer for a mesothelioma (asbestos cancer) law suit they hired is not handling their case personally. Some people may feel betrayed by this information. However, you have to realize the fact that a great lawyer always has subordinates. If a lawyer for a mesothelioma (asbestos cancer) law suit handles your case personally then it is either he/she is not very good or your case is specially rewarding.

For more information on acne please go to:

[http://www.greatmesotheliomalawyer.com/asbestos-cancer-law-lawyer-mesothelioma.html]

[http://www.greatmesotheliomalawyer.com]

http://www.drnathaliefiset.com

Article Source: http://EzineArticles.com/?expert=Nathalie_Fiset

Car Accident Attorney - Comparative Negligence

Car accident settlements can be very complicated, and they are made even more troublesome for the everyday driver by the fact that car accident laws are different between states. These differences can have a huge impact on your auto accident case and the damages you receive from the at-fault insurance company. Fault is always a highly contested issue in car accident cases, and in sometimes, the injuries that result can be the fault of both the person that caused the accident and the victim. Something as simple as the victim not wearing a seatbelt can have a drastic impact on their case, because that act likely would've had an effect on the extent of the injury.

When the injury is found to have been caused in part by the victim, it can become a case of comparative negligence.

What is Comparative Negligence?

A rule of law that divides car accident damages based on whether or not the victim is found partially responsible for some of their own injuries. One of the more common reasons comparative negligence can come into play is when the victim is not wearing a seatbelt. In a case like this, even if the at-fault driver ran a red light and collided with the victim in the intersection, some of the injury may have been avoided if the victim was wearing a seat belt. In a case like this, the insurance company will stress that some of the injuries could have been avoided had the victim not been negligent, so they will argue for comparative negligence.

In the United States, there are four different systems of comparative negligence law, and they change from state to state. The different systems are: pure comparative negligence, pure modified comparative negligence, modified comparative negligence with a 50% bar rule, and modified comparative negligence with a 51% bar rule.

Pure Contributory Negligence Negligence:

Law of: Virginia, Alabama, District of Columbia, North Carolina, Maryland.

If there is any degree of responsibility for the injury on the part of the victim, then the at-fault party will not be held liable. For example, if Joe hits Scott's car and Scott is injured as a result, but the jury finds him responsible for 10% of the injury, then he will not receive any compensation. Under this set of laws, the at-fault driver must be 100% responsible for the victim's injuries, or else they do not have to pay any damages. In this system, even a minor role in the damages can ruin an auto accident claim. This system has roots from British law, but is only used in 4 states, and Washington D.C. The other 45 states have laws that offer more protection to auto accident victims.

Comparative negligence differs greatly from contributory negligence in that it offers some compensation for a victim even if they are partially responsible for their injuries. There rules regulating this division of an injury settlement differ, however, from state to state. The systems of comparative negligence are known as: pure comparative negligence and modified comparative negligence.

Pure Comparative Negligence:

Law of Washington State, Alaska, California, Arizona, Kentucky, Florida, Mississippi, Louisiana, Missouri, New York, New Mexico, Rhode Island, South Dakota

Fault for the injury is broken into an exact percentage, and the victim is paid out for the damages that were caused by the person deemed at-fault for the accident. If the victim played a role in their own injuries, the judge or jury deciding the trial will determine how much.

Example: Joe and Scott get into an accident. The jury decides that Joe, the at-fault driver is responsible for 90% of the damages, while Scott did not wear a seatbelt, and is responsible for 10%. Let's say that the final total for damages is $100,000. In a comparative negligence system, Joe would pay $90,000 and Scott would be responsible for the other $10,000.

Modified Comparative Negligence-50% bar rule

Law of: Colorado, Arkansas, Kansas, Georgia, Idaho, Maine, West Virginia, Nebraska, North Dakota, Oklahoma, Tennessee, Utah.

This system is similar to the one above, however the victim must be responsible for less than 50% of their injuries. If it is found that they are responsible for more, they will not receive any compensation.

Modified Comparative Negligence- 51% bar rule

Law of: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, Wyoming.

This is just like the system above, only with a small tweak that actually makes a big difference. Under this law, the victim has to be responsible for less than 51% of their damages to get compensated accordingly. This is very important, because it is not uncommon for a judge or jury to split the responsibility of an accident as 50/50. If that were the case in a state with this law, the victim would receive some damages for their injury. If the victim is thought to be responsible for 51% of the damages or more he is awarded nothing.

Understanding auto accident laws can be challenging. If you have been injured in a car accident, you should contact an experienced personal injury lawyer immediately to get advice on your case.

Jason Epstein is a partner at the Seattle and Bellevue based personal injury law firm Premier Law Group. As a Washington injury lawyer, Bellevue auto accident attorney and Lynnwood car crash lawyer, Jason has fought insurance companies for over 10 years. You can also get his books on Washington auto accidents for free by clicking on the preceding link.

Article Source: http://EzineArticles.com/?expert=Jason_G_Epstein

Power of Attorney - License to Steal

Powers of attorney that grant another person the authority to make financial decisions for an elder have sometimes been described in the law as a license to steal. It's shocking when a son or daughter takes advantage of their elderly parent, and uses such a document to deplete bank accounts or even transfer title of the elder's home.

Generally speaking, there are two types of powers of attorney for financial matters. The first (and generally recommended) is known as a "springing power". This power of attorney does not become effective unless one or more qualified medical doctors declare, under penalty of perjury, that the elder is mentally incapacitated and unable to make sound financial decisions. Only when this medical declaration has been obtained, does the power "spring into being" and become effective.

The second type of power of attorney takes effect immediately. There is no requirement that any doctor be involved before the authority takes effect.

Either document, placed in the wrong hands, grants authority for the "agent" to handle any and all financial transactions that the elder could. This includes opening and closing bank accounts, changing ownership of those accounts, withdrawing money, and even transferring title from one's home. An unscrupulous "agent" can take advantage of an elder with a diminished mental capacity quite easily.

The power of attorney requires that it be signed in the presence of a notary public. However, a notary's primary duty is to obtain proof of the signor's identity. In most states, a notary does not have the responsibility to assess whether the elder understands the meaning or consequences of the document itself.

Often, the perpetrator contacts a notary beforehand, and gives a false story of the family dynamics involved. S/he explains why the elder needs to have the power of attorney, and then expresses gratitude that the notary is willing to help out this aging parent. The unsuspecting notary is now less suspicious when the elder appears confused as the document is presented for signature.

Some good news: A power of attorney for finances can easily be revoked, if the document's existence (and its misuse) is discovered by a caring and trusted person. However, the elder often suffers from some form of dementia and doesn't even remember that the document was ever created. If the elder lives alone and is isolated, no one else may know about the document, except the perpetrator.

Simply revoking a power of attorney doesn't always work either. An unscrupulous "agent" can simply take advantage of the elder again by repeating the process: wait until the right moment (when the elder is mentally vulnerable) and have another power of attorney executed.

If this occurs, then it may be necessary to establish a conservatorship over the elder's estate. In California, for example, when a conservatorship is created, the power of attorney is automatically terminated. The court then grants authority for someone (a "conservator") to handle the elder's finances and account to the court regarding all monies received and spent.

Such powers of attorney are a valuable tool when placed into the hands of a trustworthy friend or relative. But, when placed into the wrong hands, greed can turn it into a license to steal.

George F. Dickerman is an elder law attorney in Riverside County, California, practicing law for 24 years. To learn more about elder law issues, and to subscribe to a free newsletter that provides valuable information on how to assist your family members or loved ones, please visit http://www.elder-law-advocate.com/financial-abuse/economic-woes-threaten-the-elderly/elder-financial-abuse-stopping-real-property-thieves

Article Source: http://EzineArticles.com/?expert=George_Dickerman

What Does Texas Lemon Law Allow?

The Texas lemon law has been helping the consumers get their rights when they buy defective cars and other products. The law was enacted in 1983 by the state legislature. Although the validity of this law had been questioned in 1985, it was proved to be valid and in Texas, the law is administered by the Department of transportation and motor vehicle board. Under the law, there are informal mediation arrangements and so many cases have been resolved. When the case is resolved, a complainant is given a replacement, refund or even repair. If you live in Texas, you need to know which vehicles your Texas lemon law covers and they include the following. New cars, trucks, vans, motorcycles, all terrain vehicles and recreational vehicles.

Texas lemon law does not cover used cars, repossessed vehicles, non travel trailers, farm equipment or boats. But, if you are asking what the qualifications are for your car to be considered a lemon in Texas law, your vehicles must have the following conditions it must have a very serious defect or an unusual abnormal feature, it must be a written warranty, the defect must be within the warranty period, the car owner must have given the manufacturer a reasonable chance to repair the vehicle, the defects must cause serious compromise in value and safety of the vehicle. If this sounds like your experience, you need to know that you have a lemon and you can use the law to get the compensation you deserve.

The Texas lemon law allows you six months for you to file a case from when you realize that you have a lemon. There are so many formalities not only in the Texas lemon law but, in all states because car disputes are more complicated and expensive and therefore, they need to be handled carefully and fairly. When the car dealer becomes reluctant to help you, you should have kept all the vital records and you will take them to the Texas department of motor vehicles where you launch your formal complaint. You will fill a complaint form and if you want to see how it looks like, you can view it on the internet.

The department will then communicate to the manufacturer and everything will be done to resolve the case. So many cases find a solution during this stage because all parties want to do the right thing. However, other cases are not settled here and, the next thing you must do if your case was not resolved, is to prepare yourself for a hearing where you give the evidence to an administrative law judge showing that your vehicle is a lemon. You will find so much information on the internet about how to prepare yourself for a hearing and what options you have if you are still not satisfied with the outcome of the hearing. If you win during the hearing, you can look forward to a refund, replacement, repair and even reimbursement of all the expenses.

Peter Gitundu Creates Interesting And Thought Provoking Content on Lemon Law. For More Information, Read More Of His Articles Here AUTO LEMON LAW If You Enjoyed Reading This Article, Make Sure You SUBSCRIBE TO MY RSS FEED! To Receive My Most Recent Posts & Updates.

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Florida DUI Information

DUI or Driving Under Influence laws may have different interpretations for different states. Most rules and regulations are similar save a few exceptions. Usually, drinking and driving is a very severe offence in most states and can attract severe charges if an individual is convicted under DUI.

Florida has some strict DUI laws and regulations. DUI refers to destabilized driving ability or driving with a high UBAL (unlawful blood alcohol level). Every person operating a motor vehicle gives an implied consent to take a chemical breath test when suspected of drunk driving by a police officer. There could be blood tests and urine tests carried out for ascertaining level of alcohol in blood and urine. Some specific tests are performed if the person is involved in an accident or if suspected of vehicular homicide.

An immediate penalty of $250 is imposed for a first time conviction on being charged with DUI in the state of Florida. Fines may go up to $500 based on levels detected during analysis. Fines can be extremely hefty, starting at $500 and going up to $1000 or more if the person's blood sample indicates an alcohol level of 0.20% or above. DUI laws are increasingly strict and penalties harsher when the accused has been a frequent offender.

There are certain legal procedures, which need to be undertaken when involved in DUI cases. It is better to hire the services of an attorney who has specialized in such cases. An attorney would be capable of providing apt guidance about the rights of a person in the event of being arrested under DUI offence. Florida DUI attorneys review facts of the case, handle court procedures, and resolve client's standing on the case. They also carry out negotiations on behalf of clients for claim settlements. They may also help with alcohol rehabilitation programs and request the court for clemency by proving that the person is changing for the better.

Information regarding a Florida DUI may be available online on numerous websites. Information regarding the same can also be obtained from magazines, newspapers and yellow pages.

Florida DUI [http://www.WetPluto.com/Florida-DUI.html] provides detailed information on Florida DUI, Florida DUI arrests, Florida DUI attorneys, Florida DUI laws and more. Florida DUI is affiliated with Massachusetts DUI Attorneys [http://www.e-massachusettsdui.com].

Article Source: http://EzineArticles.com/?expert=Max_Bellamy

The Road to Successful Mesothelioma Compensation

The amount of cases of mesothelioma and other asbestos related compensation claims currently circulating through the courts is absolutely dumbfounding, and goes to show what a high level of exposure to asbestos products our entire society was subjected to over the last century. In fact, sadly there are still asbestos installations dotting the country, whether in people's home or apartment insulation or even in public places. For all we know, mesothelioma could continue to be a serious threat to our health well beyond the point when the generation that was building ships in the 1940s has passed onto posterity. Whatever the case, it is important to have a clear notion of how to go about seeking compensation for mesothelioma-so that the people responsible for knowingly exposing entire generations of people to a dangerous substance end up paying for all the damage they have done to families and communities across the nation (indeed, this is a global issue).

As with just about any matter that will be taken up in court, it is crucial to educate one's self as to the rules to play by: what the time constraints are, who is available to help, and what avenues are open for furthering such claims of compensation. Fortunately for mesothelioma patients and their families, the matter has taken on such gargantuan proportions that many lawyers and law firms today have mesothelioma very present in their minds and are more than willing to take on such cases. Many individual lawyers and even entire law firms are dedicated to exclusively handling mesothelioma compensation cases given the money which is generally involved in out of court settlements and, should the case be so, rewards granted after a final verdict on a case.

Yet mesothelioma patients and their families should take everything with a grain of salt in light of the big $ that accompany such cases. Wherever and whenever it is apparent that a certain "case profile" is likely to land a lawyer or a firm a good wad of cash, it is likely that many scavengers and less than professional individuals/firms will come lurking. Hence, patients and their families (whoever is trying to advance a compensation claim) should go to some length to verify that the legal counsel they hire actually has experience, know-how and a positive track record in terms of handling mesothelioma cases.

Don't settle for just any lawyer: make sure you're getting a fair deal (that is the whole point here, right?). Ask for some testimony regarding previous cases in this particular field; inquire about the results of previous cases, and reasons why any of them didn't end in a positive result for the family and the victim (in that is the case). Learn from the lawyer's previous experiences, whether they were successful or not. Furthermore, once you feel that there is sufficient reason to trust in a particular legal representative, ask for their frank and honest assessment of whether you should proceed with your legal action-that is to say, do they think you have a good chance of winning the case or, at best, receiving an out of court settlement? Unfortunately, there are certain cases where it is almost impossible for the victim or their family to receive even the minutest amount of compensation...such is the world, an imperfect place where justice is not done in every instance where it is needed.

As you will see as you progress in the matter, timing and proper communication can make the ultimate difference in these legal struggles. There is no use in waiting to take your claims to court: in fact, there are statutes of limitations regulating affairs such as this, and if you pass the time period allotted without taking the matter to court you will have completely lost your opportunity. Of equal importance is the matter of communication: once you choose a lawyer that you can trust, do not keep anything from them, even the minutest detail. As the lawyer and his team go about investigating your case and the circumstances through which you were exposed to asbestos (many victims don't even know when or where this happened, which is a major obstacle to overcome), your full compliance and cooperation will be the only guarantee of the possibility of success. To recap the matter, speed and communication are a mesothelioma claimant's best allies.

Again on the matter of what legal counsel to accept, be sure that you are not required to pay anything up front-not even a single penny. This is standard practice with cases such as these, and the expression used in legal jargon is representation "on contingency basis," which effectively means that in the case that you do end up getting compensated only then will the lawyer be able to take their slice. Hence, if you wage a long and grueling legal battle only to wind up frustrated and defeated, at least you will not have had to pay for it yourself and you will still feel like it was worth the effort.

Ask your lawyer (and consult with other people that have been in your situation before) as to what particular legal course to take. There are different avenues for claiming compensation, and you need to know which is best for you: you can sue your employer if they were effectively at fault for your exposure, or you can sue a manufacturer or even in some cases a government entity at one level or another of jurisdiction. Make sure that, in the case that you are launching various claims, that none of them interfere with each other or decrease your chances of obtaining a favorable outcome-it's about knowing which battle to choose.

To find a qualified mesothelioma attorney, visit [http://asbestosattorneysearch.com].

Kirby Vasquez is a freelance writer from Southern CA that writes about health and legal related issues. To find out more info please visit [http://asbestosattorneysearch.com].

Article Source: http://EzineArticles.com/?expert=Kirby_D_Vasquez

How Is Mesothelioma Acquired?

Mesothelioma is a deadly cancer than affects individuals who have been exposed to asbestos. Asbestos fibers are extremely dangerous and can pose major risks for anyone who comes into contact with them.

Asbestos has been used for years in many different products, especially construction and insulation. Although the risks were not well known in its earlier use, it is now a common topic with a vast amount of information available about it. Even so, many companies are still using this toxic material in trace amount in different products.

Once asbestos fibers are released into the air, they can either be inhaled or ingested by a human. At this point, the fibers can travel to any one of the main linings of the body. The pleura is a lining that surrounds and protects the lungs. If the asbestos fibers travel and lodge into this lining, a person will develop pleural mesothelioma. The peritoneum is a lining that surrounds and protects the abdominal cavity. If asbestos is ingested and travels to this delicate covering of the abdominal viscera, peritoneal mesothelioma will begin to develop. Finally, the third type of mesothelioma is pericardial mesothelioma. This cancer results when asbestos fibers lodge in the pericardium, or protective covering of the heart. Once the fibrous pieces of asbestos travel to any one of these major linings, they will become lodged and begin to produce carcinogenic scar tissue. At that point, mesothelioma is well on its way to causing numerous health problems.

The dormancy period of all types of mesothelioma is extremely long. This means that the time from exposure to the fibers until the appearance of symptoms can be anywhere from twenty to fifty years long. This fact makes treating mesothelioma extremely challenging because the cancer has normally progressed too far by the time of discovery. Also, the symptoms that come with each type of mesothelioma are similar to the symptoms that other major illnesses and diseases have as well. Most time, mesothelioma is misdiagnosed due to these symptom similarities. For example, pleural mesothelioma may cause shortness of breath, coughing, wheezing, exercise intolerance and chest pain. These symptoms are the same symptoms that many major respiratory diseases cause as well. Chronic obstructive pulmonary disease, asthmatic bronchitis and emphysema all carry the same symptoms as pleural mesothelioma.

In any case, it is important to find a reputable oncologist that specializes in mesothelioma and the challenges that it brings with it. By doing this, the oncologist and patient can develop a treatment game plan and begin to fight this horrible cancer.

Lyn Giguere specializes in asbesto exposure news. She writes on various subjects of Mesothelioma cancer educating victims on how to find a Dallas Mesothelioma lawyer.

Article Source: http://EzineArticles.com/?expert=L_Giguere

How To Find A Good Lawyer In New Jersey

New Jersey Real Estate Lawyer

Investing in and managing nonresidential real estate properties can be difficult for even the most seasoned investor. There are many issues that can stop a deal in its tracks at the last minute and cause delays that cost you thousands of dollars and weeks of frustration. A New Jersey real estate lawyer can help you avoid these issues or to resolve them more quickly whenever you are building, purchasing, selling, or managing a property that is not a residential property. Knowing what kind of properties a nonresidential real estate lawyer deals with will help you decide when you need to hire an attorney.

Commercial Real Estate

Commercial real estate is a type of real estate that involves retail and/or office space. Retail properties are familiar to most people; they include strip malls, storefront businesses, and shopping malls. Retail space is leased to people who want to sell products or offer services and need a professional setting for their businesses. Office space is slightly different than retail space, although the two can be combined. Office space is where business professionals conduct their business transactions, hold meetings, and perform the bulk of their work. If you want to buy, sell, manager, or lease this type of space, hiring a New Jersey real estate lawyer can help you negotiate the best deal.

Industrial Real Estate

An industrial property is used to manufacture or store goods. There are a number of different types of buildings that can be used as industrial space, but some were designed specifically for manufacturing and warehousing purposes. Once these facilities are constructed, it may be difficult to convert them for commercial or residential use in the future. Some facilities are designed to be both manufacturing and office space properties where manufacturing companies can produce their products and house their employees. If you are in need of an industrial property for your business or you would like to rent or sell industrial property that you own, a New Jersey real estate lawyer can help you put together the best deal.

Hotels & Motels

Another popular type of nonresidential real estate is the hotel. Hotels vary widely in size and the number of conveniences offered to guests. The less expensive hotels may offer very little in the way of amenities and are best for short stays. More expensive hotels can offer conveniences including wireless internet, continental breakfast, room services, and spa services. The size of the hotel is often decided by how the hotel will be used and what the hotel company's primary target market expects. Destination hotels such as those found in Las Vegas are usually much larger and more well-appointed than budget motels and inexpensive family hotels. A New Jersey real estate lawyer can represent you in the purchase or sale of a hotel property.

Recreational Real Estate

Recreational real estate is another type of nonresidential property that many people enjoy. Examples of recreational real estate include golf courses, sporting arenas, and country clubs. Recreational real estate is often mixed with other types of property to create a mixed use property. Examples of a mixed use property involving recreational real estate would be a golf course that includes a banquet hall on the premises. If you're interested in buying or selling a recreational property, a New Jersey real estate lawyer can be a valuable source of advice.

Looking for the best NJ Lawyer ? Look no further, check out our New Jersey Lawyers website today!

Article Source: http://EzineArticles.com/?expert=Michael_Tasner