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Identity Theft Can Happen To Anyone These Days

2006-10-03T03:43:00.001-07:00

Identity Theft Can Happen To Anyone These Days

Identity theft can happen to anyone these days. It can happen by an uninformed consumer giving their personal or financial information to a fraudulent web site or it can happen by an employer of a large company losing his or her laptop exposing millions of people’s most personal information. If you would like to protect yourself from identity theft, here are a few tips.

One of the best ways to stop identity thefts is to request a credit report from the big three credit bureaus each year or even every six months. The three credit bureaus include Trans Union, Expedia and Experian. Looking at your credit report regularly will easily help you to determine if a new credit card was issued or a new loan taken out. If you did not enroll for these lending products, you can contact the lending institution and credit bureau immediately, hopefully heading off any damage done by identity thieves.

If you surf the internet, it is important to note that you should never give out any personal information through an email link. If you receive an email that looks legitimate from a bank, lending institution or anywhere for that matter that asks you to click on a link to enter personal information, refrain from doing so.

Close the email, open up your browser with a new web page and visit the website directly. Practically all websites will have personal notices that you can access on the main site.

If you want to protect yourself from identity theft, check out the above tips.

Christain Cullen is a successful webmaster and writer.
He has over 350 websites onlinewhich offer help or information on a diverse range of subjects,
from 1031 Exchanges to Pet-Birds to Flying Schools to Plasma TV.

His latest online Directory can be accessed at skoozee.info.

Everyone is welcome to visit and there is a contact page for any questions you may have.

Vaporizing Emails and the Security Industry Regulatory Bodies

2006-10-03T03:43:00.000-07:00

Vaporizing Emails and the Security Industry Regulatory Bodies

There is a new email system you can get called vaporstream and if you and the person who emails you both have it, then as soon as you read the email it vanishes into thin air just like the movie; Mission Impossible, with the self destructing tapes or high-tech message system. For Identity safety this makes sense, perhaps you will remember when AOL accidentally made available hundreds of thousands of records?

Self-destructing emails make a lot of sense but in some industries such as the securities Industry this will surely upset the securities and Exchange Commission and NASD, even the State Security Regulatory Bodies will have a fit over this one. You see you are suppose to keep your emails to all clients for basically ever. But if all else fails the undetermined length to keep emails would not be less than 6-years, just like tax returns.

securities Professionals are forbidden to use instant messaging for this reason. Now with vaporstream you can bet that the regulatory bodies will not go for this at all. Additionally, the regulatory bodies are worried that International Terrorists might use vaporstream self-destructing emails and if they do that could be a problem for financial transfers to the sneaky bad guys, as the authorities are trying to stop the money trails. In any case this new technology will potentially cause a problem with many industries, but consumers will enjoy the privacy. Consider all this in 2006.

By Lance Winslow

Protecting Yourself Against Identity Theft

2006-10-03T03:33:00.000-07:00

Protecting Yourself Against Identity Theft

You’ve probably seen the statistics on identity theft that say, “500,000 – 700,000 Americans fall victim to identity theft each year.” Protecting one’s self against identity theft has become a very popular topic. Protecting yourself from falling victim to identity theft does not take much more than common sense and paying attention to what you are doing. There is no sure fire way to completely protect yourself but there are a number of things you can do to reduce the chances of being a victim of identity theft.

The most important step you can take to protect yourself from identity theft is to keep your personal information private. Don’t share your social security number, driver’s license number, mother’s maiden name, etc. with individuals or companies that you are unfamiliar with. Especially, don’t give out personal information through email or the Internet unless you are certain you are on a secure server. To identify whether a server is secure, look at the bottom of the navigation bar for a lock symbol. There should also be other signs that you are on a secure server, for example a message stating so or “https” in the URL.

Along with not giving out your personal information it is also important to know who your friends are. Believe it or not but identity theft victims often times know the thief. It could be a family member, someone that has been in your home, a friend, baby sitter, or even your land lord. Keep your personal information along with your financial information in a safe and secure place where others don’t have easy access to it.

Watch your mail for any suspicious activity. Are you receiving your bills on time each month? If you notice that you are missing a bill or your bills are no longer being delivered this could mean someone has changed your address to gain access to your personal information. Call your service or financial provider immediately to see if there have been any changes made to your account. When paying your bills each month go a little out of your way and drop off your bills in a secure blue USPS mail box or deliver them directly to the post office.

When disposing of personal information, financial statements, or any paperwork that has account numbers on it, use a shredder. Don’t assume people will not dig through your trash because it is disgusting. people do and they will to get your personal information.

These are but a few tips in protecting yourself from identity theft. Monitor your credit report regularly and watch for any suspicious activity. The sooner you are able to detect the signs of identity theft the less the damage will be. If you do fall victim to identity theft report it immediately.

Jason Deines writes for an informational website, MyInfoSource.biz. Visit MyInfoSource for additional information on Identity Theft

Patent Lawsuit Financing

2006-09-11T02:58:00.000-07:00

Patent Lawsuit Financing

Patents are related to new innovative and useful inventions made by researchers and inventors. Patents are exclusive legal rights given to inventors by the court for a fixed duration of time, allowing them to disclose the inventions to the general public, with certain regulations and details about the device or invention made.

Patents help inventors to safeguard their creations and make it illegal for anybody else to make copies of the original inventions either as a whole or in parts. Every invention and development made should be patented. There are patent attorneys who help the inventors to gain ownership rights to their products.

The United States patent and trademark office files patents to various products. There are patent examiners who look into the filling out of patent applications and ensure that it is done properly. Patent examiners ensure that every patent represents a real invention.

The patent lawsuit financing companies deal with cases where the company with original patents complains that their products or inventions have been copied or imitated. They would first evaluate the patent law, copyright or intellectual property case and decide on the upfront cash advances. The advance based on patent law can be used to pay debts or invest to expand the existing business.

The patent lawsuit financing companies will pay if the patent law approves of funding and the lawsuit financing companies have to be paid only after the plaintiff wins the case or decides to negotiate a settlement. The patent is given to tangibles like material inventions and intangibles like software.

When a company or firm applies for its patents it has to mention its basic design, function and model. If another company takes this basic model or design and makes an improved version of it, the original company has the freedom to deny patents to the latter. Hence the skill lies with the lawsuit company to clearly identify if the patents given to it are satisfied or not. The patent lawsuit financers have lawyers and attorneys who conduct a formal evaluation to decide the advances to be made to the plaintiff.

Lawsuit Financing provides detailed information on Commercial Lawsuit Financing, Lawsuit Cash Advances, Lawsuit Financing, Lawsuit Financing Companies and more. Lawsuit Financing is affiliated with Litigation Financing Companies.

Free Patent Searches

2006-09-11T02:55:00.000-07:00

Free Patent Searches

One of the primary things to do when a commercially viable idea hits the brain is to search for a patent for the concept. A patent allows for the conversion of the concept into a business and prohibits others from infringing on the idea. Commonly, patent searches through patent search offices entail some footwork as well as money.

However, with the onslaught of the Internet, there are several free patent searches available. Free patent searches are powered by search engines, and contain databases that include all patents applied for over the past few years (within the patentable period, which generally implies 20 years in the US). Past inventions are carefully documented, with pictures and features wherever needed. As soon as a keyword is typed in the search bar, a search is triggered that displays similar concept patents that may have been given. It is important to type a relevant keyword, as this will affect the results of the search. It is advisable to try searching using different keywords.

Typically, free patent search websites contain all documented information on US patents (available from the USPTO) and European patents (Esp@cenet). However, there are many websites that contain patent information from other countries. Before punching in the keyword, the searcher has to click on the appropriate country tab.

The reason for the surfeit of free patent search sites is the huge workload that national patent offices face each year. National patent offices also provide their own free websites to search patents, in order to decrease their quantum of work. Most ideas that purport to be original get nipped in the bud when a similar concept is found.

The current trend is to first search for a patent on a free search engine. If no patent is found, a patent attorney is approached for the legal work. The attorney will also search for the patent on the free search engine before accepting the case.

www.freepatentsonline.com is a popular free patent search site that has a database of over 300000 US and UK patents. The site is constantly getting updated, as more and more patents are being awarded.

Patent Search provides detailed information on Patent Search, US Patent Searches, Free Patent Searches, European Patent Searches and more. Patent Search is affiliated with Online Trademark Searches.

European Patent Searches

2006-09-11T02:51:00.000-07:00

European Patent Searches

The main body giving patents within Europe is the European patent office or the EPO. This office is responsible for searching and providing patents to almost all countries in the European Union, barring only a few countries. At present, it has about 30 million patents on record.

The website of the EPO is www.espacenet.com. It provides online patent searches to the general public. This service is provided free of cost. The site contains an online patent application form. Filling in details such as personal information, nature of the concept and a suitable keyword enables the search engine to scout if a patent is already in progress. The website maintains a database of all the patents that have been given within Europe. It is called the Globlepat.

The EPO has branches in all prominent nations and are called as national patent offices. The most prominent is the UK patent office and the French patent office. All patent offices share a common connection via the EPO. In fact, the website www.espacenet.com may direct patent hunters to various national patent offices for further clarification.

Apart from online patent sites, there are several patent offices that manually search for patents. You need to apply to these offices, and they will conduct a comprehensive search on the patent. The advantage of an offline patent search is that it is more individualized, and it streamlines the particular concept. There are several patent attorneys throughout Europe who will undertake the task of searching patents and resubmitting them with modifications, if necessary.

searching for a patent within the Europe is different than in other countries. A European patent search links the search to other European countries enabling a more detailed search.

Patent Search provides detailed information on Patent Search, US Patent Searches, Free Patent Searches, European Patent Searches and more. Patent Search is affiliated with Online Trademark Searches.

US Patent Searches

2006-09-11T02:42:00.000-07:00

US Patent Searches

The organization responsible for awarding patents within the United States is the United States patent and Trademark Office or the uspto. The uspto has given 2.6 million patents within the country since 1975. patents in the US are broadly divided into three categories -- utility, design and plant. The highest number of patents belongs to the utility category.

patents in the US are time-bound; i.e. they are valid up to a certain period of time. This means that a person obtaining the patent can make full and sole use of the idea for commercial gains. In the US, the patent viability is 20 years from the application or 17 years from the patent granting, whichever is longer. However, prior to applying for a patent, it is extremely necessary to conduct a search for the patent to make sure that it has not been granted earlier.

The uspto strives to make its patents highly accessible to all people. Its website is open to the general public. It contains a list of given patents. uspto also publishes a weekly official gazette that contains information on patents given within the week. There is a CD-ROM titled “Cassis,” (Classification and search Support Information System) It is a set of three Cds containing bibliographic information on patents.

The uspto site contains a free search engine, where patents are classified according to their categories. A preliminary search reveals whether a patent has already been given to the concept or not. This also reduces the workload of the uspto, as they do not have to weed out unnecessary applications.

patent attorneys in the US undertake the task of patent registration once they ascertain that the concept is indeed novel. It is the job of the patent attorney to guide the client on how to bring about modifications in order to get a patent. patent searches done by attorneys can be basic or comprehensive. A basic search involves searching within the database of the uspto. A comprehensive searches pending applications as well. patent attorneys charge up to $500 for a basic patent search, and up to $1000 for a comprehensive search. There can also be comprehensive patent searches that include foreign countries. International patent searches are quite expensive and may cost up to $20,000.

patentsearch provides detailed information on patent search, US patent searches, Free patent searches, European patent searches and more. patent search is affiliated with Online Trademark searches.

Maximizing Your Experience with Patent Attorneys

2006-09-11T02:36:00.000-07:00

Maximizing Your Experience with Patent Attorneys

Are you afraid of what it will cost you to obtain a patent? If you are an independent inventor, you might be. Large corporations may be able to shell out thousands of dollars without flinching, but when the money comes from a single income it’s a different story.

So how much would it cost an individual or a small business to get a patent? Let’s start with the fees from the US patent Office. To file a basic patent application the fee is $500. When the patent is granted, there is a $700 issue fee along with a $300 publication fee. There may also be surcharges if the patent application is over 100 pages or has more than 20 claims. There is typically some communication between the patent office and the inventor (or the inventor’s attorney) during the review process of the application, and if the inventor’s responses are late, there could be even more surcharges.

Now that we’ve established that the patent Office’s fees alone can be quite expensive, let’s talk about attorney fees. It would not be unreasonable to have a patent attorney charge from $150 to $400 an hour for their services. Some companies may pay $12,000 to $14,000 in attorney fees to get a patent application to the patent office. However, there are some attorneys who charge lower fees – $2,000 to $4,000 total – for their work making the process much more affordable.

At this point you may wonder if it is all worth it. Ask yourself this question: Will owning a patent on this idea generate more revenue than what it will cost to obtain the patent? If not, it may be more economical for you to just walk away from the whole thing. But for those of you who believe getting the patent is an investment and will be worth it in the long run, there are some things you can do to minimize your costs.

Unless you are patent savvy, you will still want a professional to prepare the patent application. A possible way to minimize costs is to use a patent agent rather than a patent attorney. patent agents are non-attorneys who are qualified to prepare patent applications and typically have lower rates. Regardless of whether you choose an attorney or an agent to prepare your application, their costs will be worth it.

It is important to remember that not all patents are created equally. The worth of a patent is determined by the way in which it is written, especially in the “claims” area of the patent. All too often, individuals file patents without the assistance of a patent attorney or agent and end up with a patent with unnecessary limitations. Competitors have no trouble getting around such weak patents, and the individual may lose millions of dollars worth of revenue.

Just because you hire an attorney doesn’t mean that you don’t have control over the costs. Well prepared inventors who communicate quickly and effectively with their attorneys will have the biggest savings. Do not approach an attorney until you have done everything else you can do. Before making any major investment you need to do your research. Websites like uspto.gov, inventorbasics.com, and others might be a good place to start. Prepare figures, write a detailed description of the invention, and do a patent search (uspto.gov). If you begin a visit with an attorney, and he/she begins asking you questions you don’t have answers for, rescheduling another visit may be necessary.

Below is a checklist of the information you’ll want to take to a visit with your attorney:

• Title of the invention

• Brief written description of the invention

• Detailed written description of the invention

• Descriptive drawings of the invention

• Date that the invention was conceived

• Names of the inventors and their contribution

• Prototype, pictures and/or video of the prototype

• Description of background technology

• Any questions you may have for the attorney

Answers to the following questions will also be helpful for the attorney:

• How was the idea conceived?

• Where was the idea conceived?

• Do the rights to the invention belong to another party besides the inventors?

• Does another party have a license on the invention?

• Has any part of the invention been published (on a website, in a magazine, newsletter, advertisement, etc.)?

• Has any part of the invention been sold or been offered for sale? If so, where?

• Who knows about the invention?

If all goes well, your attorney should be able to take this information and prepare a patent application quickly and cost effectively without compromising the quality of a future granted patent. Good luck!

Tyson Wilde is an experienced patent agent and inventor. He is also the author of http://www.inventorbasics.com

Medical Malpractice Lawsuits

2006-09-11T02:28:00.000-07:00

Medical Malpractice Lawsuits

medical malpractice litigations are more often than not termed trivial by the health care sector. The health care community is of the belief that such lawsuits are nothing but an undesirable means of obtaining large amounts of money in a very short period of time. However, the reality is that malpractice lawsuits are indispensable for sufferers of medical negligence.

These types of lawsuits are crucial in the sense that they go a long way in helping the victims of medical negligence seek redress for their grievances, and also makes their claim for payment for damages stronger.

malpractice lawsuits are the preferred option to help patients receive the amount that they are entitled to as victims of medical negligence. medical malpractice lawsuits also have provisions that can be referred to for holding medical professionals liable for their services that have inflicted harm on the concerned individual.

medical malpractice lawsuits are significant because they provide the necessary support for keeping a watch on the healthcare system by concerned quarters. However, it is important to keep in mind that there is a definite principle related to the cut-off date during which medical malpractice cases can be filed.

medical malpractice lawsuits are fundamentally aimed at putting in place a probable degree of attention for the place and kind of service where the supposed negligence occurred. Once the standard of attention is fixed, individuals initiating court proceedings regarding medical malpractice lawsuits must then furnish evidence that the norm was violated.

It should also be highlighted that the violation of established norms triggered an injury or caused irreparable damage to the sufferer, or led to his death. Once these points are proved an effective case has been established, wherein it can be claimed that the victim of medical malpractice can receive compensation in accordance with damages suffered by him.

Lawsuits provides detailed information on Lawsuits, Mesothelioma Lawsuits, Frivolous Lawsuits, Medical Malpractice Lawsuits and more. Lawsuits is affiliated with Lawsuit Funding Companies.

Surgical Accident Lawyers & Medical Malpractice Attorneys

2006-09-11T02:17:00.000-07:00

Surgical Accident Lawyers & Medical Malpractice Attorneys

Whenever a patient has to undergo a surgical procedure they naturally hope everything will go as planned. Nobody ever wants to think that their surgery will go wrong due to negligence or incompetence, but sometimes accidents do happen.

Surgeons are only human, and sometimes mistakes are made during surgery. It’s unfortunate, but true. One type of surgical mistake that can be made is when an item or instrument, such as a sponge or a scalpel, is left inside the patient. Another type of surgical accident occurs when an incision is made to the wrong body part. Sometimes doctors and their staffs make cuts into the wrong areas of the body and as a result, patients may suffer long term, life-threatening complications as a result of this type of accident.

Another type of surgical accident occurs when the operation takes place on the wrong side or the wrong side of the body. Sometimes the surgeons (or staff) gets confused and cuts into the wrong side of the body. For instance, if the surgery was supposed to be on the left arm, they occasionally make a mistake and operate on the right arm instead. Obviously this can also cause life-threatening complications, including severe infections and unneeded pain and suffering.

In addition to these types of accidents, other surgical mistakes can occur when improper anesthesia is given, or when surgery takes place that is not required. Anesthesia mistakes occur when a patient is given too much, or too little anesthesia is given to the patient.

If you or a loved one has been a victim of a surgical accident, you may be entitled to seek financial compensation for your pain and suffering. Please don’t hesitate, and contact an experienced surgical accident lawyer today.

To learn more about hiring a surgical accident lawyer or filing a surgical accident lawsuit please visit our website at http://www.resource4surgicalaccidents.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

How To Avoid Probate

2006-07-25T08:12:00.000-07:00

Probate can take anywhere from a few months to several years. It's expensive. Court fees and attorney's fees can come to around 5% of the estate's value. Hence, it is always better to avoid probate. There are possibilities to do this well within legal limits.

The first possibility is to set up a living trust and name someone (a close friend or a relative) to be the trustee and to manage all his properties. When the person dies, the trustee pays the descendant's debts, taxes and all other expenses, and then distributes the balance of the property to the beneficiaries.

A living trust retains the privacy of the decedent and his heirs, and averts part of the estate tax, which is not possible if the properties are probate. One popular form of living trust is the revocable trust. As the term suggests, the trust can be revoked at any time by the person who sets it up.

A second possibility is to institute an AB trust. This trust allows a married couple to preserve their unified credits and permits up to twice the total estate for transfer to heirs without estate tax. Thus AB trusts reduce or eliminate the total tax which the couple would have paid otherwise.

The third possibility is to gift all his properties to his heirs and beneficiaries. Though he pays some gift tax, it is far more economical than to let it undergo probate. But one problem is that the individual cannot guarantee that the gifted properties can be obtained back.

The fourth possibility is to go in for a joint property. This will render the property transfer to the joint signatory automatic on the individual’s death.

Probate provides detailed information about probate, how to avoid probate, probate court, probate law and more. Probate is the sister site of Free Last Will And Testament Packages.

Do you need a Living Will Form or a Health Care Power of Attorney form?

2006-07-25T07:56:00.000-07:00

The purpose of a Living Will declaration is to document your wish that life-sustaining treatment, including artificially or technologically supplied nutrition and hydration, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or in a permanently unconscious state.

1. Life-sustaining treatment means any health care, including artificially or technologically supplied nutrition and hydration, that will serve mainly to prolong the process of dying.

2. Terminal condition or terminal illness means an irreversible, incurable and untreatable condition caused by disease, illness or injury. Your physician and one other physician will have examined you and believe that you cannot recover and that death is likely to occur within a relatively short time if you do not receive life-sustaining treatment.

3. Permanently unconscious state means an irreversible condition in which you are permanently unaware of yourself and your surroundings. Your physician and one other physician must examine you and agree that the total loss of higher brain function has left you unable to feel pain or suffering.

Having a Living Will does not affect the responsibility of health care personnel to provide comfort care to you. Comfort care means any measure taken to diminish pain or discomfort, but not to postpone death. In most states, a Living Will is applicable only to individuals in a terminal condition or a permanently unconscious state. If you wish to direct medical treatment in other circumstances, you should prepare a Health Care Power of Attorney.

The Health Care Power of Attorney form gives the person you designate (agent or attorney-in-fact) the authority to make most health care (including dental, nursing, psychological, and surgical) decisions for you if you lose the capacity to make informed health care decisions for yourself. This authority is effective only when your attending physician determines that you have lost the capacity to make informed health care decisions for yourself. As long as you have the capacity to make informed health care decisions for yourself, you retain the right to make all medical and other health care decisions. You may also limit the health care decisions that your agent will have the authority to make. The authority of the agent to make health care decisions for you generally will include the authority to give informed consent, to refuse to give informed consent, or to withdraw informed consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.

Click here to find your state's Living Will Form & Health Care Power of Attorney Form.

Legal Forms Bank.biz, download printable online legal forms.

Need A Patent For An Invention?

2006-07-25T07:53:00.000-07:00

There is one kind of home business that is very different to any other: that of the inventor. If you've invented something, the chances are that you don't have the resources to mass-produce it yourself you'll be needing to send the plans and designs off to someone else to make in their factory. When you do this, though, how can you protect your idea against theft by them, or anyone else who might see it? The answer is patent registration.

What is a Patent?

A patent is when your government gives you the exclusive right to profit from an invention for a set number of years. If anyone else tries to sell something that is covered by your patent, then you will have the legal right to make them either pay you a licence fee or stop.

Each patent has a patent number you might have seen Pat No' printed on some things, followed by this number. You may also have seen patent pending', which means that the patent has been applied for but not yet granted.

Your invention Must Qualify.

Not all inventions can be covered by patents. Check that your invention meets these two requirements:

Is it new and secret? You can't have showed your invention publicly before you apply for a patent. Whatever you do, don't take your invention round and demonstrate it to people before you think about patents you might make it impossible to get one.

Is it non-obvious? Your invention must not be something that would be obvious to experience in your chosen industry. This is to stop people rushing to patent things that anyone could figure out, and then charging high fees for their use.

In addition, you cannot apply for a patent for any of the following: a scientific or mathematical theory or method, a work of art (books, plays, etc. computer programs are included), a way of doing things (eg. a new business method). Many of these things are, instead, covered by copyright. Patents are intended for actual, physical inventions.

Where Do I Get One?

Wherever you live, the chances are that it has a government agency called a patent office', or similar. There are also patent agencies for larger areas, such as the European patent Office or, ultimately, the WIPO (World Intellectual Property Organisation).

To begin with, you should apply for a patent at the patent office for your country it's best to get a lawyer to guide you through this, and make them sign an NDA (non-disclosure agreement, a contract saying they won't tell anyone else about your invention). Depending on your country, this can either be absurdly cheap or really expensive.

Once you've done that, you generally have only one year to file for any patents you might want in the rest of the world. You used to have to apply individually in every country where you wanted a patent (this got very painful and expensive very quickly). Now, though, you can now take advantage of the PCT ( patent Co-operation Treaty), which allows you to apply once and eventually receive protection in all of the 126 countries that have signed up to the treaty.

You can apply for a PCT patent either through your own country's patent office, or through the WIPO's office in Geneva. It is again important to stress that you should really get a lawyer if you plan to go through this process, as international patent law isn't especially intuitive or easy.

You should note that if your patent application is refused at any stage, you won't be getting your fees back although you can usually apply again, if you want to pay again.

What if I Don't Get a Patent?

If you've looked at the prices, you might be wondering: what's the worst thing that could possibly happen to me if I didn't get a patent? The only answer I can give is that anyone you happen to explain the idea to can steal it, and you won't be able to do a thing. What's more, once your invention does come on the market, success will attract many imitators, and they'll probably be able to produce your invention cheaper by sacrificing quality.

Essentially, a patent gives you protection against competition but if you think you could do perfectly well in the market no matter how many imitators you had, then maybe patents aren't for you.

About The Author:

Grab A TON Of Profitable eBooks For Only $17! Start your business off right! Go to http://www.ebookdomination.com You may reproduce this article as long as an active hyperlink is accompanied.

Medical Malpractice Lawyers - You Never Know When You May Need One

2006-07-25T07:49:00.001-07:00

medical malpractice occurs when a health care provider who by an action or omission deviates from the accepted norms of practice in medicine leading to injury/ death to a patient.

Many deaths occur due to medical malpractice. A health care provider is not just the doctor or the surgeon but includes nurses, dentists, therapists, hospitals, clinics etc. medical malpractice law is derived from the general negligence law. Various laws have evolved in the US, England, Australia and other countries, which are similar in concept for control of medical malpractice.

Claims are made for negligence, misdiagnosis, improper medication etc. Claims can even be made where informed consent of the patient is taken. Claims can also be made against corporations, hospitals, clinics for the mistake of their employees based on vicarious liability. The patient has the right to claim economic and non-economic damages.

However in medical malpractice cases, the burden of proof lies with the plaintiff (patient). Hence the patient should hire a good lawyer. Three things have to be proved by the plaintiff:

• The health care provider failed to provide adequate and reasonable care to the patient.

• This failure to provide adequate care to the patient has resulted in damage or loss to the patient.

• The health care provider is liable to pay the damages or loss.

The damages are of two types, compensatory and punitive. Compensatory damages are of two types economic and non-economic damages. Economic damages are monetary losses like, medical care, medicines and loss of wages. These damages can be in the past or future. Non-economic damages are the ones like loss of organ or vision, pain, disfigurement, embarrassment emotional stress etc.

Punitive damages are very rarely awarded. medical malpractice cases are complicated because when the patient is admitted he is already injured or ill and hence the damage caused by negligent medical care has to be assessed independently of the earlier illness or injury.

A further obstacle in medical malpractice case is that expert witness is to be provided by the plaintiff. Very few doctors are willing to testify against another doctor even when the case of negligent care is clear. On the other hand the defendant lawyers have a pool of doctors to defend the case of negligent medical care. Usually medical malpractice attorney firms provide expert testimony on the care provided by the health care provider. Some medical malpractice lawyer firms provide free case evaluation and take medical malpractice cases on contingent basis that is until the firm wins the case for the client, the client need not pay for the services of the lawyers. In medical malpractice cases it is vital to obtain the medical records as early as possible by the patient or his representative.

Most healthcare providers take medical malpractice insurance. There has been an ongoing debate by doctors and their medical malpractice insurance companies against excessive jury awards. Generally insurance companies rarely go to trial where large penalties are involved. However it must be remembered that the insurance companies and health care providers are willing to fight it out against spurious medical malpractice claims. The procedure for filing a medical malpractice claim varies from state to state.

About The Author:
tyson J stevenson writes on a wide variety of "every day" subjects, always with valuable news & reviews. Expect to see his name often. A related resource is http://bestmedicalmalpracticelawyers.info

You Have A Personal Injury In A Car Accident? Know The Facts

2006-07-25T07:49:00.000-07:00

Have you ever been involved in a car accident where you were injured seriously? What would you do in such a situation? The first thing to ever do is administer first aid and call for help. Knowing the facts in the case of personal injury from a car accident forms the crux of our topic today.

Let us first discuss the common types of injuries that may happen in a car accident. The first type of injuries is known as whiplash injuries. Whiplash injuries are the most common types of injuries to occur in any country. Whiplash injuries may include damage to the neck or the spine and muscles around the neck. The extent of the injury might be little or more depending on the case. The effects of the injury might be observed for a short time or in many cases it can also be permanent. In some cases a whiplash injury can leave the neck or the spine permanently damaged. The injuries are diagnosed by using x rays by the doctor. The doctor will also use the x rays to see if any injury has been caused to vertebra and the extent of damage to the neck. The next most common types of injuries are the head injuries. Head injuries can prove to be fatal as a serious blow to the head can cause damage to the brain. Damage to the brain can occur at the time of the accident or over time as the internal injury can aggravate. The third type of injuries is bodily injuries which can occur on the arms and the legs. If they are small, they can be treated and healed in a few days. If they are big like a fracture then it can take anywhere between a fortnight to months to heal completely.

So what should you normally do when you meet with an accident and get personally injured? The first and the foremost thing is to call the emergency number and call for an ambulance immediately. Also if you are seriously injured then you can tell the passers by to get the necessary information of your family members and the doctors from your car or wallet and call them up immediately. The course of treatment will depend on how deep the injury is and on which part of the body is injured. Try not to panic too much as this can raise your blood pressure. Stay calm. Do not try to move too much. Moving can seriously aggravate the injuries inside and can bring permanent damage to any body part.

When the ambulance arrives try to answer the questions that the staff may ask? The medical team may ask you questions while administering you doses of medication and checking your vitals, heart beats etc. Answer truthfully all the questions of the medical team. Ask the medical team to call your family members and inform them about the accident. Do follow the instructions of the doctors to ensure your speedy recovery. When you are discharged from hospital do take a few days of rest at home and resume work only when you feel fully fit and fine.

Last but not least. Answer any questions by the police truthfully. Do not lie! If you feel the need to lie or you are worried about the situation, ask for an attorney to be present. Mistakes here can cost you more than money. And money will be no problem if you carry car insurance.

About The Author:

The author makes a living in the field of research. If you have found this article useful, click on his specialist resource sites, http://www.personalinjuryhelp.info and http://www.personalinjuryguide.info . For more information on this topic and others, go to this site http://www.moreinformationservices.com .

House Foreclosure

2006-07-25T07:44:00.000-07:00

The question you may be asking about house foreclosure is: How do

I stop foreclosure and still keep my home?

Since you are reading this, I know you are searching for

information on how to stop a foreclosure. Maybe you are feeling

a little frustrated or confused. I know when I was going

through my financial crisis a few years ago, my biggest block

was that I just didn't know what to do! Perhaps I can now

assist you.

Let's look at 3 options you have now to stop a foreclosure and

keep your home:

1. Refinance. You may have already gotten offers for this.

Refinancing can be a very good way to stop foreclosure and save

your home. You will need to have decent credit to qualify and

they do not take your hardship into consideration. If you

defaulted on your house payments the chance is that your credit

may already be damaged. But hey, find out. If refinancing is

right for you follow these tips: - Stay away from Adjustable

Rate Mortgages (ARM) or any exotic reverse or interest only

loans. These fancy loans are often used in a predatory manner to

lure the homeowner in. - Make sure you understand the terms and

payments and you honestly can afford them long term. It is your

responsibility to stay within your means.

2. Real Estate Investor. You may have already been approached

by an investor or two. Most investors want to buy your home,

stop foreclosure, and remove you from the property to rent or

sell it to someone else. Ask an investor if he or she would be

willing to allow you to enter a "lease to buy" agreement. While

you may lose the title to the property for a set time (and your

equity), you will be able to continue living in your home and

eventually regain ownership. If you choose to work with an

investor, follow these tips: - Do your research on the

investor. You want to be sure they are legit. - Get

everything in writing!

3. Loss Mitigation. "What is loss mitigation?" you ask. I

hear this a lot. Loss mitigation is a professional counseling

service that works on behalf of you, the homeowner, to negotiate

with your lender to reinstate and/or modify your existing loan.

They take your hardship (reason you fell behind on your

payments) and your financial situation into consideration. Loss

mitigation doesn't rely on credit nor does it take your home or

equity. I hear from many frustrated homeowners that they feel

the lender is not giving them a chance. With a reputable loss

mitigation company negotiating for you, the odds of keeping your

home rise considerably. Just follow this tip: - Make sure the

loss mitigation company you choose is reputable and has

experience.

Considering your options and taking action is half the battle.

Your house foreclosure won't just fade away, so remember; you do

have the power to make a difference.

To Saving the American Dream One Home at a Time.

Copyright Stacey Krech - http://www.helpmekeepmyhome.com

10 Guidelines Every Plaintiff Must Know About Lawsuit Loans

2006-07-25T07:42:00.000-07:00

Searching for a lawsuit loan can be a confusing, frustrating, and painful process. Just the fact that you need a lawsuit loan means that you have most likely been injured and had to file suit against someone to recoup damages. You may or may not be able to work and now you are having trouble making ends meet financially. You are in a difficult situation well before you start the process of finding a lawsuit loan which is why I want to share my experience in the lawsuit loan industry with my 10 guidelines. I hope that this makes the process easier for you and allows you to secure a lawsuit loan and to ultimately receive the damages that you deserve.

First of all, let me quickly define a lawsuit loan:

lawsuit loan definition: A cash advance based upon the merits of a lawsuit that provides a plaintiff with sufficient funding to reach the conclusion of the case when the plaintiff will receive his/her fair share of the settlement or verdict. lawsuit loans are not based on a plaintiff's prior credit or bankruptcy status. lawsuit financing companies give non-recourse funding to plaintiffs thus requiring the plaintiff to pay back the advance and fees/interest only upon a favorable decision in the case. If the case is lost then the cash advance is kept by the plaintiff with no obligation. Therefore, a lawsuit loan is not a true "loan" but rather a pre-settlement cash advance also know as: litigation funding, litigation finance, litigation loan, litigation cash advance, lawsuit funding, lawsuit cash advance, lawsuit financing, case loan, case cash advance, plaintiff cash advance, litigant funding, pre-settlement loan, and pre-settlement lending.

The following are my 10 guidelines Every plaintiff Must Know About lawsuit Loans, please read them and understand them as they should help every plaintiff through this difficult time.

10) Understand your case

Almost all personal injury attorneys will tell their client that they have a "million dollar case." We all know that not every case is a "million dollar case." I am not saying that your attorney is incorrect but I am saying that you, the plaintiff, should understand your own case. Familiarize yourself with other cases that are similar to your case. How long did it take to reach a verdict/settlement? Also, research the final verdict and settlement amounts awarded to the plaintiffs in those other cases which should help set expectations on your own case.

9) Lawsuits take forever

Have you ever heard someone say that the were surprised that their lawsuit proceeded so fast? The judicial system of the United States is not known for being speedy and I do not think that will change anytime soon. The odds are that your lawsuit will also take longer than you expect. My suggestion is to expect your lawsuit to take twice as long as your original estimate. This should help set realistic expectations and hopefully you will be pleasantly surprised at how quickly your case concludes.

8) Research lawsuit loans

I have given some background on lawsuit loans in this article but you should continue to learn as much as you can about lawsuit loans before applying for one. There are some good internet sites that give more background on lawsuit loans. Some good sources of information are The Funding Exchange (https://www.thefundingexchange.com/litigation_funding.aspx) and Expert Law (www.expertlaw.com).

7) Be prepared to accept less money

A lawsuit loan is not a substitute for your settlement. It should help supplement your current income so that you are able to pay necessary bills until you receive your settlement. The average lawsuit loan amount (depending on the case type) ranges from $1,000 to $10,000. There are lawsuit loan amounts that fall outside of this range but the majority of lawsuit loan applications ask for an amount within in this range.

6) Start early

I see too many plaintiffs who need a lawsuit loan immediately or else "they will repossess my car!" If you are sure that securing a lawsuit loan is the right thing for you then be sure to apply early since these things can take time (see number 3) and no one wants to have their car repossessed.

5) Use only a respected lawsuit funding company

lawsuit funding companies have popped-up all over the country. Some try to tout their "low interest rates" or how they are the most lenient when it comes to approving lawsuit loans. The truth is that there are respected lawsuit funding companies in the industry that have been doing business for a number of years and they are still in business because they do not try to swindle plaintiffs. I have spoken to over sixty different funding companies ranging from mom-and-pop companies to institutionally funded giants. For every one respected lawsuit funding company I have found another one that will do anything to charge plaintiffs random penalties that make no sense. These senseless penalties help to offset their "low interest rates" and actually end-up costing the plaintiff more of their settlement money in the end.

4) Do not apply with multiple lawsuit lending companies at the same time

When you apply for a lawsuit loan directly with a funding company, they contact your attorney in order to gather documentation and to review your lawsuit loan application. If you apply directly to multiple lawsuit funding companies then you have several companies contacting your attorney at the same time and asking for the same information. Your attorney will become inundated and you may be denied by all of them because companies are now tracking plaintiffs and their applications in order to stop this. A good option is The Funding Exchange. The Funding Exchange is a network of the most respected lawsuit funding companies in the industry. You complete one application on The Funding Exchange (www.TheFundingExchange.com) and your application is intelligently routed to the best litigation funding company for your case. If the funding company declines your application then it is instantly routed to the next best lawsuit funding company and so on until your application is funded (or declined by all of the appropriate funding companies).

3) Be patient

It takes time for lawsuit funding companies to gather the necessary documentation from your attorney and to review your case. It usually takes a lawsuit funding company three business days to make a decision once they have all of the documentation. But, in almost all situations, gathering the documentation from your attorney takes the most time and can sometimes take weeks depending upon how cooperative is your attorney (see number 2 below).

2) Communicate with your attorney

It is absolutely vital that you communicate with your attorney. Every lawsuit funding company needs to review documentation about your case (medical records, complaint, police report, etc.) before approving your funding application since the lawsuit loan is based on the case itself. Your attorney must provide this information to the funding company or else your application will be declined instantly. Make your attorney aware that you are in need of this money and that they should cooperate with the lawsuit funding company by promptly forwarding the requested documentation.

1) lawsuit loans should be a last resort

lawsuit loans are only repaid to the funding company when you win your case. But, when you win your case, the amount owed to the funding company varies greatly depending upon the length of time between the date of the advance and the date when you receive the settlement/verdict money. You should exhaust other means of funding first.

About the author:

tony perkins is the founder and president of The Funding Exchange which connects lawsuit funding sources in the country to plaintiffs in need of a lawsuit loan. The Funding Exchange is not a lawsuit lending company but rather it is an independent 3rd party company that routes a high volume of plaintiff applications every day to its network of litigation funding companies.

Copyright Tony Perkins - http://www.thefundingexchange.com

Identity Theft: The G.I. Blues

2006-07-25T07:18:00.000-07:00

Tom Nelson retired from the military almost twenty years ago. In that time, Nelson has spent many years living and working overseas. “If my VA ID is fraudulently used by someone in the States, one: it could take me months to find out the theft has occurred and two: if it did happen God knows how long it would require to fix it from overseas”, Nelson told the Seattle Post Intelligencer.

On May 22 Nelson and 26.5 million U.S. veterans awoke to the news their personal information including name, address and social security number had been stolen from the home of a Department of Veteran Affairs’ employee.

Why the employee took this highly sensitive information home is anyone’s guess and according to the FBI the computer disc containing this information was subsequently recovered. What infuriated veterans however wasn’t the actual theft but that the theft went unreported for two weeks.

The news is shocking yet many veterans groups are not surprised. They point to Congress’ Computer Security Report Card which year after year has given the VA a failing grade. Government auditors also warned of possible security breaches at the agency. Through all of this the VA took no action.

VA Secretary Jim Nicholson’s recent proposal of free credit monitoring for veterans up to one year was shot down by the Bush Administration. According to the Washington Post the decision is based on the opinion of the FBI which stated it had a "high degree of confidence" that thieves had not accessed the files containing the names, Social Security numbers and birth dates of millions of veterans and active-duty military personnel. Hopefully they’re right but for many veterans its now a time of wait and see.

Veterans can however request a credit freeze. Yes it stops the victim from easily opening a new account but a credit freeze is the most effective weapon against identity theft. Checking your account every other day isn’t a bad idea either. For further information and assistance veterans can call 1-800-333-4636 (1-800-FED-INFO).

Peggy Foster, a veteran and VA services asst at the University of Colorado-Boulder, told the Colorado Daily,” It happened to me before and everything was stolen. Now I’m very cautious about giving my information out.”

“The government bombards us with so much in the military. It’s important when you’re a veteran to pay more attention.”

With the glut of information in our 24 /7 world, Ms Foster’s advice applies not only to military personnel but the rest of us as well.

About The Author

Daryl Campbell’s website http://fightidtheft.winthemarket.com provides free tips,resources, featured articles from experts and up to the minute news concerning identity theft and fraud

5 Tips on How to Avoid a False DUI Breathalyzer Result

2006-07-25T07:13:00.000-07:00

Let's say you had a drink or two but don't feel you are under the influence of alcohol. However, you are arrested on suspicion of drunk driving and offered the choice of taking a breath or blood test (or, in some states, urine). Most DUI suspects choose the breath test -- a choice which could doom your chances to prove your innocence. Consider the following advice when deciding which test to take:

1. If you smoke cigarettes, you may want to pass on that Breathalyzer mouthpiece the officer is handing you. Scientific research has shown that smoking can raise the test result considerably -- enough to get you charged and convicted of drunk driving. This is because most breath analyzing devices will falsely report acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. However, scientists have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers. ("Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908). Translated: because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.

2. If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone -- and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. See "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993). To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion -- the same symptoms which the patrol officer is looking for: the clear signs of a person under the influence of alcohol. And the officer's observations are quickly followed by a failing performance on DUI field sobriety tests.

3. Are you on a low-carb diet? Or had nothing to eat in quite awhile? Avoid the Breathalyzer in a DUI investigation -- for the same reasons stated in number 2. Perfectly normal, healthy individuals can experience temporary conditions of low blood sugar after consuming small amounts of alcohol, resulting in exaggerated but false symptoms of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Production of glucose in the liver is stopped while the alcohol is broken down. Result: the blood sugar level will drop, affecting the central nervous system -- and producing symptoms of a person under the influence of alcohol and a higher breath test result.

4. If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so -- to be breathed directly into the breath machine. This is not a good thing. The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio). The Breathalyzer does not "know" that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. Result: false high readings -- and a DUI conviction.

5. When you see that officer in the rear-view mirror, don't reach for the mouthwash or breath spray to disguise the drink or two you've had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so -- just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Some breath machines have a mouth alcohol detector, but these are highly unreliable.

About The Author

Lawrence Taylor is the senior member of an AV-rated law firm of Las Vegas DUI lawyers practicing drunk driving defense exclusively. See http://www.duilasvegas.com/ for more information.

Lemon Law Case Assistance-How to Fight and Win

2006-07-25T07:11:00.000-07:00

Some consumers make the assumption that handling their Lemon Law claim themselves saves them money. Before you decide to "go it alone", here are three things that are important to know.

1. Lemon Law Claims are complicated and you will waste much of your time and create unnecessary headaches for yourself.

Trying to research your rights and write threatening letters will usually cause you more frustration than it's worth. Further, if you fail on your own, you will have wasted precious time. Or worse, what if you accept an offer and sign a release which you will regret later (including losing your Legal rights).

2. Consumers have virtually no negotiating power with the manufacturer. They can't cause the economic pain and publicity that a lawsuit can for the Manufacturer.

Knowing the state and federal Lemon Laws does not mean that you will be treated with respect. The car companies still play games, much like insurance companies. If you represent yourself, the manufacturer will likely drag out the case in hopes that you will either go away or take little or nothing to settle.

When you hire an experienced attorney, there are no games. Cases get resolved quickly and the compensation you receive is fair.

3. Consumers get less money!

For the above reasons, attorney negotiated settlements are normally substantially higher than one's negotiated by consumer's alone. Chances are your recovery will be worth substantially less if you represent yourself (and you will have done all the work). Some consumers have been known to accept a month's payment, when they are really entitled to all their money back! If you select a law office that has substantial Lemon Law experience, the manufacturer will already know your Law Firm and what the expected compensation will need to be to settle the claim.

About The Author

Scott Hallman

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.americanlemonlawcenter.com.

Estate Planning Basics

2006-04-09T01:20:00.000-07:00

By Kelly Chang

Benjamin Franklin famously said, “In this world, nothing is certain but death and taxes.”

Unfortunately, you can’t avoid death. But a carefully-drafted estate plan can help avoid taxes, family conflicts and a lot of unnecessary heartache. The following provides a general overview of the estate planning process, and what to expect.

Why do I need an Estate Plan?

Many of us spend our earthly lives accumulating assets which, unfortunately, upon our death, will not go with us. The top 2 reasons for having an estate plan:

1. So you can transfer your wealth to your chosen heirs, in your chosen manner;

2. So you can plan for and effectively limit the taxation of your estate;

What if I don’t have an Estate Plan?

If you die “intestate” (which is without a will) or without an estate plan, lots of things can happen, such as:

1. Intestate Succession: When someone dies without a will, the government will step in and decide who gets what.

2. Probate: The estate could go to probate, a costly and very public process. (See below: What is Probate?)

3. Guardianship of Minor Children: If both spouses pass away, it is a good idea to list who they want as a guardian.

4. Higher Estate Taxes. Higher estate taxes = less for beneficiaries.

What is Probate?

Probate refers to process of legally validating a person's will. Such a procedure takes approximately 9-12 months. The court appoints a person designated as an "executor" to handle the assets and to administer the estate. The fees that the executor and attorney receive are set by law (a percentage of the value of the assets which go through probate.)The total fees can be approximately 5-6% of the estate assets.

How Do I Avoid Probate?

Please note that wills DO NOT avoid probate. (See Below: Wills v. Trusts).

In California, the first $100,000 of an estate is exempt from probate, meaning that the first $100,000 can be collected without a formal Probate procedure. All else is subject.

Some probate-avoidance techniques are:

1. Revocable Living Trusts;

2. Joint Tenancy;

3. Life insurance and retirements accounts which name a beneficiary;

4. “Pay-on-death” accounts

5. In California, “spousal confirmation proceeding”, where a petition is filed with the court, notice is given to certain parties, and if no one objects, the court approves the assets as going to the spouse. This procedure can only be used for husband and wife.

Is Probate Always Bad?

Nowadays, people tend to associate “probate” with the bad and ugly. However, there are some instances that probate can provide benefits. For example, if your estate owes a lot of debts, to a lot of creditors; or if you believe someone may challenge your estate in court. You should discuss these issues with a qualified estate planning attorney.

Wills v. Trusts

As explained above, wills do not avoid probate. Even if you have a will, upon your death, the will becomes a public document. A will is subject to probate, which can be a painful, drawn-out process that most people would want to avoid.

A living trust, however, avoid probate. The principle behind a Revocable Living Trust is this: When you establish a Living Trust, you transfer all your property into the Trust, and then name yourself as trustee (or spouse as co-trustee). You will also name “successor trustees”, who will take over your assets and handle them pursuant to your instructions. Since the “successor trustee” will be following your decisions, the probate courts needs not be involved.

The trustees maintain complete control over the property, the same control you had before your property was placed in trust. You can even discontinue the Trust if you choose.

Another important difference between a trust and a will is that a will is not effective until you die. A trust, however, is effective as soon as you make it, and can offer protection if you become disabled or incapacitated. How Do I Transfer My Assets to a Trust?

In order to fulfill the purpose of your estate plan, you should fund the revocable trust you have by transferring your assets to the trust. For all transfers, title should be transferred to the trust. For example, if I were to set up a trust, I would transfer title to my property to “Kelly Chang, as Trustee, or the acting successor Trustee, of the Kelly Chang Revocable Trust Dated March 6, 2006”.

The following describes the transfer process for basic types of assets. For assets not listed, please consult with a qualified estate planning attorney.

1. Real Property In California: It will be necessary to prepare and record a new deed in order to transfer title of real property to your trust. It is also necessary to submit a Preliminary Change of Ownership Report with the deed notifying the local county assessor as to whether the property is subject to reassessment. A transfer to a revocable living trust is exempt from reassessment.

Please note that if there is a mortgage, you should contact your lender and request a waiver of enforcement of any due-on-sale clauses contained in the loan documents.

2. Real Property Outside of California: Laws vary from state to state regarding transfer s of real estate. Best to consult with an attorney located in that state who is familiar with local rules regarding property taxation, income taxation, and law regarding mortgages as it affects such property. We can help you find such an attorney who will assist you.

3. Cash Accounts: You should contact all banks and let them know that you have a living a trust and wish to transfer assets to it. You should change the name on the bank accounts and CD’s by completing new signature cards as the Trustee.

4. Stocks and Bonds: Your broker should help you with this.

5. Life Insurance: The beneficiary should be changed to the trust; however, if it’s a small policy, you may wish to continue the designation of your original beneficiary.

6. New Assets: All new assets should be acquired in the name of the trust.

If I Have a Living Trust, Do I Need a Will?

Yes, most trusts will have a “pour over” will, which simply provides that any assets held in your name alone at death, which were not in your living trust, will be transferred to your living trust. However, these assets not originally in the trust will not avoid probate.

Should I Change or Update My Will?

Congratulations, you’ve made your estate plan. When should you make changes or update the documents? It truly depends. Generally, if something major happens, such as a death of spouse or beneficiary, divorce, adoption of new child, or winning the lottery. Please consult a qualified estate planning attorney.

Kelly Y. Chang, Esq. is the owner/founder of Law Offices of Kelly Chang. The firm specializes in Estate Planning, Real Estate Law, and Family Law. Ms. Chang was born in Taiwan, and is fluent in Mandarin Chinese, Taiwanese, and French. She is passionate about international issues and has traveled to 30+ countries. In addition, Ms. Chang is an accomplished classical pianist and composes and performs music in her spare time.

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

Estate Planning Basics

2006-04-03T03:58:00.000-07:00

Benjamin Franklin famously said, “In this world, nothing is certain but death and taxes.”

Unfortunately, you can’t avoid death. But a carefully-drafted estate plan can help avoid taxes, family conflicts and a lot of unnecessary heartache. The following provides a general overview of the estate planning process, and what to expect.

Why do I need an Estate Plan?

Many of us spend our earthly lives accumulating assets which, unfortunately, upon our death, will not go with us. The top 2 reasons for having an estate plan:

1. So you can transfer your wealth to your chosen heirs, in your chosen manner;

2. So you can plan for and effectively limit the taxation of your estate;

What if I don’t have an Estate Plan?

If you die “intestate” (which is without a will) or without an estate plan, lots of things can happen, such as:

1. Intestate Succession: When someone dies without a will, the government will step in and decide who gets what.

2. Probate: The estate could go to probate, a costly and very public process. (See below: What is Probate?)

3. Guardianship of Minor Children: If both spouses pass away, it is a good idea to list who they want as a guardian.

4. Higher Estate Taxes. Higher estate taxes = less for beneficiaries.

What is Probate?

Probate refers to process of legally validating a person's will. Such a procedure takes approximately 9-12 months. The court appoints a person designated as an "executor" to handle the assets and to administer the estate. The fees that the executor and attorney receive are set by law (a percentage of the value of the assets which go through probate.)The total fees can be approximately 5-6% of the estate assets.

How Do I Avoid Probate?

Please note that wills DO NOT avoid probate. (See Below: Wills v. Trusts).

In California, the first $100,000 of an estate is exempt from probate, meaning that the first $100,000 can be collected without a formal Probate procedure. All else is subject.

Some probate-avoidance techniques are:

1. Revocable Living Trusts;

2. Joint Tenancy;

3. Life insurance and retirements accounts which name a beneficiary;

4. “Pay-on-death” accounts

5. In California, “spousal confirmation proceeding”, where a petition is filed with the court, notice is given to certain parties, and if no one objects, the court approves the assets as going to the spouse. This procedure can only be used for husband and wife.

Is Probate Always Bad?

Nowadays, people tend to associate “probate” with the bad and ugly. However, there are some instances that probate can provide benefits. For example, if your estate owes a lot of debts, to a lot of creditors; or if you believe someone may challenge your estate in court. You should discuss these issues with a qualified estate planning attorney.

Wills v. Trusts

As explained above, wills do not avoid probate. Even if you have a will, upon your death, the will becomes a public document. A will is subject to probate, which can be a painful, drawn-out process that most people would want to avoid.

A living trust, however, avoid probate. The principle behind a Revocable Living Trust is this: When you establish a Living Trust, you transfer all your property into the Trust, and then name yourself as trustee (or spouse as co-trustee). You will also name “successor trustees”, who will take over your assets and handle them pursuant to your instructions. Since the “successor trustee” will be following your decisions, the probate courts needs not be involved.

The trustees maintain complete control over the property, the same control you had before your property was placed in trust. You can even discontinue the Trust if you choose.

Another important difference between a trust and a will is that a will is not effective until you die. A trust, however, is effective as soon as you make it, and can offer protection if you become disabled or incapacitated. How Do I Transfer My Assets to a Trust?

In order to fulfill the purpose of your estate plan, you should fund the revocable trust you have by transferring your assets to the trust. For all transfers, title should be transferred to the trust. For example, if I were to set up a trust, I would transfer title to my property to “Kelly Chang, as Trustee, or the acting successor Trustee, of the Kelly Chang Revocable Trust Dated March 6, 2006”.

The following describes the transfer process for basic types of assets. For assets not listed, please consult with a qualified estate planning attorney.

1. Real Property In California: It will be necessary to prepare and record a new deed in order to transfer title of real property to your trust. It is also necessary to submit a Preliminary Change of Ownership Report with the deed notifying the local county assessor as to whether the property is subject to reassessment. A transfer to a revocable living trust is exempt from reassessment.

Please note that if there is a mortgage, you should contact your lender and request a waiver of enforcement of any due-on-sale clauses contained in the loan documents.

2. Real Property Outside of California: Laws vary from state to state regarding transfer s of real estate. Best to consult with an attorney located in that state who is familiar with local rules regarding property taxation, income taxation, and law regarding mortgages as it affects such property. We can help you find such an attorney who will assist you.

3. Cash Accounts: You should contact all banks and let them know that you have a living a trust and wish to transfer assets to it. You should change the name on the bank accounts and CD’s by completing new signature cards as the Trustee.

4. Stocks and Bonds: Your broker should help you with this.

5. Life Insurance: The beneficiary should be changed to the trust; however, if it’s a small policy, you may wish to continue the designation of your original beneficiary.

6. New Assets: All new assets should be acquired in the name of the trust.

If I Have a Living Trust, Do I Need a Will?

Yes, most trusts will have a “pour over” will, which simply provides that any assets held in your name alone at death, which were not in your living trust, will be transferred to your living trust. However, these assets not originally in the trust will not avoid probate.

Should I Change or Update My Will?

Congratulations, you’ve made your estate plan. When should you make changes or update the documents? It truly depends. Generally, if something major happens, such as a death of spouse or beneficiary, divorce, adoption of new child, or winning the lottery. Please consult a qualified estate planning attorney.

Kelly Y. Chang, Esq. is the owner/founder of Law Offices of Kelly Chang. The firm specializes in Estate Planning, Real Estate Law, and Family Law. Ms. Chang was born in Taiwan, and is fluent in Mandarin Chinese, Taiwanese, and French. She is passionate about international issues and has traveled to 30+ countries. In addition, Ms. Chang is an accomplished classical pianist and composes and performs music in her spare time.

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

Lawsuit Loan. A New Funding Product

2006-03-29T06:57:00.000-08:00

Lawsuit Loans. No Risk Loans

A relatively new source of financing is now available for both individuals and business owners. It is called lawsuit financing, often referred to as lawsuit loans or lawsuit funding. But these are not loans because the money does not have to be paid back unless the case is won.

Lawsuit financing (loans) help clients who are having financial difficulties. Lawsuit funders do not require credit checks, monthly payments, notes, or any other security.

Frequently, claimants have missed work or lost their job and can no longer meet their rent or automobile payments. In the past, these claimants have needed to accept lesser settlement amounts due to pressing financial difficulties. Now, clients can sustain their personal lives and give the attorney the necessary time to achieve the full value of the case.

Often times, individual claimants and commercial litigants require financial loan assistance prior to settlement or judgment. Types of cases that qualify are:

- Personal Injury: Automobile Accidents, Any Type

- Malpractice: Medical-Legal, Accounting, Construction,

- Wrongful Termination

- Discrimination

- Harassment: Sexual/Rape, Any Type

-And much more

There are a handful of companies that provide lawsuit funding. For more information on these lawsuit loan companies please visit http://www.fredcoutts.com/indexlawsuit.htm. Each company provides funding that is specific to their criteria. All lawsuit funding companies will provide funding for personal injury lawsuits. But there are only a couple that will fund commercial and other non- personal injury lawsuit cases.

Rates will vary depending upon the risk. Lawsuit funding companies will generally finance up to 10-15% of the potential settlement value. For example, if the case has a potential value of $100,000, you can expect a funding offer of $10,000 to $15,000. Lawsuit funding companies carefully analyze the cases they choose to fund. They must like the lawyer as well as the potential settlement value.

Lawsuit funding is available in most states and can be a very beneficial source of funds.

For more information please contact the author Fred Coutts at http://www.fredcoutts.com/indexlawsuit.htm or phone at 888-942-6639.

Since 1980, Fred(CPA,CMA) has been crafting powerful cash flow solutions for businesses and individuals alike, from entreptreneurs to "Fortune 500" companies. He has built a solid foundation of financial and operational experience through many executive roles, including those as CFO and Controller. Fred is well versed and experienced in finance, accounting, and business operations.

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Placing A Value On Your Personal Injury Claim

2006-03-29T06:49:00.000-08:00

Your Medical Doctor or Chiropractor has released you from treatment for your motor vehicle accident and enough time has passed so you’re about to position yourself to sit down with Adjuster Henry Hard-Nose. His employer is Rock Solid Insurance, the company who insures Fred Fuddle, the individual who plowed into your rear end, smashing you with a tremendous crash which was responsible for your injuries plus the “Pain and Suffering” you’ve had to endure.

To be adequately compensated for what you’ve gone through you must have accumulated what’s identified in the world of insurance claims as “Special Damages”. Those are your Medical bills, your Lost Wages plus every dollar paid out to help with your recovery. When building the value of a personal injury claim there are several key elements you should be aware of:

LIABILITY: In the vast majority of motor vehicle accidents it’s clear who was at fault. Assuming that Fuddle struck you a mighty blow in the rear end (rear-enders make up well over half of the motor vehicle accidents that take place in the United States each year) yours is a case that must be settled. (Final Statistics prove that in 83% of accident’s that took place in 2003 it’s clear who was at fault) !

The very doubtful liability case has little, if any, settlement value. If that’s the situation you should obtain the services of the local Legal Beagle who does a good job at that, Attorney I.M. Greedy. But, if you do, be very careful when you sign Greedy’s “Contingency Fee Agreement”. Read it closely. Don’t sign anything that will let him charge you one penny, other than his normal fee. Do not - - in any way whatsoever - - allow him to chisel any money from you, for his out-of-pocket expenses. All Greedy should be compensated for (if he’s successful at busting loose some bucks from Rock Solid) is his fee and that should be no more than the usual locally published accepted percentage of the total recovery.

TYPE OF INJURY: If there are severe injuries (which make up only ten to fifteen percent of all motor vehicle accidents) you should obtain the services of a lawyer. But, if you’ve had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it's clear you're not at fault) you can handle and settle the claim yourself.

TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. You’re most likely an average motor vehicle owner/driver, living a normal life. But, if you’ve spent some time behind bars, have a criminal record, or a history of character defects that often get your butt in a jam with the local cops (and this is well-known) you must take those facts into consideration when forming expectations regarding what your case is worth.

THE TYPE OF PERSON FRED FUDDLE IS: The better Fred Fuddle looks, or the better the "entity" “(Fuddle’s business or company, etc.) appears, the better for Rock Solid. But, if Fuddle is a known bookie or drug dealer, they’re in deep “stuff“. On the other hand, if Fuddle is a well-loved philanthropist, that can be a plus for Rock Solid Insurance. Or if the vehicle that struck you was a van driven by Pastor Frederick Fuddle, and the named insured is The Fuddle Camp For Lost Souls, that can be a plus for Rock Solid.

But, if the “entity” that hit you was a dilapidated junk pile on wheels operated by Fred “Goof-Ball” Fuddle, and the named insured is The Fuddle Rotted Cow Manure Corporation, that will obviously not be favorable for Rock Solid.

DAMAGES: There are “Medical Special Damage” Expenses, “Non-Medical Special Damages” Expenses, and/or your “Property Damage” Expenses.

MEDICAL SPECIAL DAMAGE EXPENSES: These typically include Cost of Ambulance, Emergency Room, Hospital and/or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or Prescription Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus, (Cranes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Ace Bandages, Gauze and Tape, Heating Pads, Creams, Lotions, Ointments, Balms and Salves.

When it comes to listing your Medical Special Damage “expenses” don’t overlook one single dollar because, when it comes time to settle your claim, that dollar can increase the value of your payment for “Pain and Suffering” by a multiplier of four or even five! (Yes, that means a $20.00 bill can be worth $80.00 to $100.00 more ,in your pocket, from Rock Solid Insurance, at settlement time).

NON-MEDICAL SPECIAL DAMAGES: These typically include Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, Travel Expenses (car rentals, public transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or physical therapy “treatment” of some sort) Household Help during disability and/or Child Care. Be sure to obtain written proof of such "Non Medical" Special Damages.

LOST WAGES: The income you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so little about it.

Commissions and overtime can make a huge difference in your lost earnings. Be sure to get a letter from your employer, on their official letterhead, explaining that in detail. Or, if you’re self-employed, get this information stated on your accountants letterhead.

The time you miss from work (thus the money you may have lost) is calculated and this element constitutes what is known as “Lost Wages” or “Lost Time Verification”. In most situations you’re entitled to compensation for lost time and earnings, even if you have no actual loss of money! Such as, for example, when your salary is paid by your company insurance coverage, or by taking sick leave, or some similar arrangement.

Even if you’re salaried you should obtain a "Lost Earnings", or "Time Lost Verification", in writing on your employer’s letterhead.

IF YOU’RE SELF-EMPLOYED: To prove your lost earnings you’ll probably have to assemble some inside information for Hard-Nose. If you don’t like the idea of submitting private documents to him, in the privacy of your home or office, just think how you’d feel about producing them in the non-private environment of a courtroom. When a case goes to trial, and if you want to prove your damages so as to collect adequate compensation, that’s your only alternative.

TWO CRITICAL AREAS REGARDING LOST WAGES: Did the injury necessitate a change of job or employment at a lesser rate? Or, did the injury allow your going to work but only on a part-time basis? If the answer to either question is “Yes”, it would be wise to ask your employer to document these facts on their letterhead.

IT’S CRUCIAL FOR YOU TO KNOW: Even if you’ve been paid while out of work, you can still compute your time lost from work as “Lost Wages” .

PROPERTY DAMAGE EXPENSES: These typically include Motor Vehicle Repair, Damaged Clothing, Broken Glasses, cost of Substitute Car Rentals, Towing and Storage. Make copies of all bills relating to any of your property damage expenses. Keep the originals. Be sure to have these in your possession when you and Hard-Nose plunk yourselves down to "Talk Turkey". Photocopies are sufficient to give him.

YOUR AGE: Because of their obvious innocence, insurance claim accident victims, up to the age of 12, generally have excellent settlement results. Those in their teens, and into their late 50’s, fall into a fairly normal category because they’re generally considered to be at the height of their physical stamina. Those in their late 60’s, and over, usually fare extremely well; primarily due to the sympathy that’s often invoked, from a judge or jury, because of general attitudes regarding frailty and the elderly.

MOST IMPORTANT TO REMEMBER:The information Hard-Nose places into your file plays a major role in the ultimate value of your claim. Never underestimate the importance of his impressions and conclusions! Should, one day, your case ends up in front of a judge, or jury, what Hard-Nose feels, observes and then reports into your file at Rock Solid about you, his insured Fred Fuddle, and/or possible witnesses, etc., (in addition to the information you’ve documented for him) could have massive influence on the value of your claim - - especially if Fuddle is a loser and he’s absolutely in the wrong. At that point the only thing stalling a settlement is the amount of money it’s going cost to get rid of you.

And, should your file end up in the hands of the local defense attorney for Rock Solid Insurance, all the positive factors about you, your injury and liability, will cause him to gasp, “Hey, what's going on here? My legal fees will be higher than the few hundred more bucks this one can be dumped for.”

The bottom line: Your out-of-pocket expenses correctly recorded and presented, your injury information properly documented and your lost wages clearly established will seriously increase the dollar value of your personal injury claim.

QUESTION: How does Dan know this to be true? ANSWER: “Because for 38 years Dan was right there, where he saw and done that" !

Copyright (c) 2005 by Daniel G. Baldyga. All Rights Reserved

DISCLAIMER: The purpose of this "How To" Insurance Claim Article "PLACING A VALUE ON YOUR PERSONAL INJURY CLAIM" is to help people understand the motor vehicle accident claim process. Dan Baldyga does not make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Wherever such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Dan Badlyga has had 3 "How To" Insurance Claim books published, the last being AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) which can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com.

This book explains, in simple language, "How To" handle your motor vehicle property damage and/or personal injury claim. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the "Pain and Suffering" you endured - - because of your motor vehicle accident injury!

Dan Baldyga spent over 3 decades within the area of Insurance Claims, as an Adjuster, Supervisor and then Manager. He was then promoted to Trial Assistant where he worked another 5 years on thousands of Insurance Claim case.

eMail: dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss) - http://www.autoaccidentclaims.com

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Are Your Loan Officers Employees or Independent Contractors

2006-03-29T06:45:00.000-08:00

Many mortgage lenders/brokers treat their loan officers (who are their salespersons) as independent contractors. Those loan officers are paid on a commission based on the successful funding of a loan. The mortgage lenders/brokers pay the loan officers either as each transaction closes or on a periodic basis. The amount paid to the loan officer contains no deduction for federal, state or local taxes. Frequently, the loan officer does not receive any benefits, such as company-paid health insurance or paid sick or vacation time. At the end of each year, the mortgage lenders/brokers issue IRS Form 1099s to their loan officers.

As a mortgage lender/broker, you cannot classify whether your loan officers are independent contractors or employees. That task has been given to the Internal Revenue Service, the U.S. Department of Labor, your state unemployment insurance agency, your state department of labor and your state workers compensation insurance agency. Although each agency has its own guidelines, typically the determination turns on the degree of control that the mortgage lender/broker exercises and the degree of independence that the loan officer enjoys. When the mortgage lender/broker has the right to dictate what will be done and how it will be done, then the loan officer is an employee. The government agencies look at facts concerning the behavioral control of the loan officer, the financial control of the loan officer and the relationship between the mortgage lender/broker and the loan officer. The Internal Revenue Service has a 20 factor test to determine whether an employer/employee relationship exists. Such factors include whether the loan officer has to comply with instructions, gets training from the mortgage lender/broker, works exclusively for the mortgage lender/broker, whether the loan officer can independently hire assistants, whether the loan officer has set hours of work, whether there is a continuing relationship, and whether regular reports must be given to a supervisor. The IRS seems to have a bias towards finding an employer-employee relationship. Even if the mortgage lender/broker has a written agreement with the loan officer classifying him/her as an independent contractor, that is not binding on any federal or state agency.

If you have been treating your loan officers as independent contractors, when in reality, they pass the 20 factor test as employees, what are the ramifications? If the Internal Revenue Service or Department of Labor find you have misclassified employees, they will require you to pay back withholding taxes plus interest, or they can assess fines that can bankrupt a company, or even file criminal charges against the owners. Once the IRS has come in, other federal and state agencies follow right behind them and assess their fines and penalties as well. If there is anything left, the loan officer can sue for unemployment compensation, retirement benefits, profit sharing, vacation pay, disability or any other benefit that he/she would have received as an employee. Many mortgage companies have gone out of business because they treated many of their loan officers as independent contractors and did not comply with wage-and-hour laws

How does the Internal Revenue Service or Department of Labor find out about you? Usually, a dismissed loan officer will file for unemployment benefits or a disgruntled loan officer will make a telephone call to the agency. And the agency will always follow up.

You should also be aware that the agency that approved your lender/broker license considers the loan officers to be employees because you have responsibility for their actions. Although some states do not require that the loan officers be W-2 employees, they will not care how you classify the loan officer who is in regulatory hot water. The Banking Departments are concerned that your company supervises the people operating under the auspices of your license. This requires that you supervise the activities of your loan officers regardless of whether you pay them as employees or as independent contractors. After all, you are responsible for any violations of the mortgage lender/broker law, rules and policies committed by anyone, including a loan originator, operating under your license. Therefore, it's in your best interests to supervise them.

This Article is designed to be of general interest. The specific information discussed may not apply to you. Before acting on any matter contained herein, you should consult with your personal legal and accounting adviser.

Robin M. Gronsky has been practicing law since 1982. She is admitted to practice in New York, New Jersey and Florida.

As a former general counsel of a national mortgage lender, Ms. Gronsky is experienced in corporate matters, mortgage licensing on a nationwide basis, and all facets of real estate transactions.

Ms. Gronsky graduated magna cum laude from the State University of New York at Buffalo and received her J.D. from Boston University School of Law.

Ms. Gronsky's practice is geared to maintain personal contact with her clients and develop a close-working professional relationship over a long period of time. This helps assure that her clients' work will be performed by the lawyer they have chosen.

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Medical Malpractice: 10 Reasons Why Most Victims Won't Recover a Dime

2006-03-29T06:42:00.000-08:00

Despite popular opinion about the “skyrocketing” increase in malpractice suits and awards, the number of suits has not increased since 1996, and in most cases, plaintiffs receive nothing. There are a variety of reasons why patients do not recover any compensation for injuries suffered while receiving medical care. Most of these issues stem from general misconceptions about medical malpractice. It is important for potential malpractice victims to understand these issues while seeking counsel to represent their case.

1. Patients don’t know they are victims of medical malpractice.

Studies show that roughly 2.9 to 3.7 percent of admitted hospital patients suffer some sort of preventable injury as a result of medical management (i.e., not from the original medical condition). Even more management-related injuries occur outside of the hospital. These injuries are a result of a physician /administrator’s affirmative mistake, or that person’s failure to act in a particular situation. Types of mistakes include errors in diagnosis, use of automated materials, and inappropriate delay of treatment.

However, one of the most common errors occurs with administering medication. The Massachusetts State Board of Registration in Pharmacy estimates that in Massachusetts alone 2.4 million prescriptions are filled improperly each year, the majority of which involve providing the wrong strength drug, or the wrong drug altogether. Each layer of communication introduces another opportunity for error. Improper diagnoses and negligent supervision of trainees are other common errors, and both have led to disastrous results in many cases. Up to 98,000 patients are killed each year as a result of preventable medical errors, the eighth leading cause of death in the U.S., yet only 10,000 cases of malpractice are filed each year. In the vast majority of cases, however, the fact that a poor medical outcome was caused by malpractice is hidden from the patient.

2. No autopsy was ever performed.

Remember that we must prove both carelessness on the part of the doctor or hospital and that the carelessness resulted in death or injury. In a medical malpractice case that results in death, it is extremely difficult to prove that the death occurred because of the malpractice without an autopsy. This is because there are so many reasons why a person might have died, but we must prove that at least one of the reasons for the death was the negligence of the doctor or hospital.

3. A physician’s poor bedside manner does not constitute negligence.

In the vast majority of cases, even egregiously poor bedside manner cannot be considered in determining whether a physician was legally negligent in providing treatment. We have reviewed many cases where arrogant doctors provided care and the patient was injured. It just doesn’t matter legally that the doctor was a jerk. We must prove, with expert medical opinion that the treatment departed from good and accepted medical care, and not bad bedside manners, that caused injury.

4. The patient suffered no significant damages.

As we noted above, the legal system is not set up to handle small medical malpractice cases. We decline hundreds of cases a year where it appears that the doctor was careless but the resulting injury is not significant. A pharmacist may incorrectly fill your prescription, and you might get sick for a few days. If you have a good recovery, however, you probably don’t have the basis for a case. That’s because the costs of pursuing the case will be greater than the expected recovery. Our Court system may not be perfect, but it does act as a filter to keep out all but the most serious cases of medical malpractice.

5. The physician or hospital’s mismanagement did not necessarily cause the injury suffered.

As discussed earlier, it is very difficult to prove that medical wrongdoing was the reason why the patient suffered the injury that he or she received. The insurance companies have many standard defenses including, for example, that (1)The injury was an unforeseeable consequence of the initial condition/injury, (2)The injury was due to the patient’s non-compliance with prior medical advice, (3)The risk of the patient’s particular injury was a known, recognized, acceptable risk (acceptable to whom?), (4)Some other party was responsible for causing the injury, or (5)The injury was caused by a previous illness or disease.

Medical malpractice claims must show that the doctor’s substandard care, more likely than not, was a substantial factor in causing injury.

6. The injured patient has not retained an experienced attorney.

The world of medical malpractice claims is a world unto its’ own. It has its’ own special rules and laws. We believe that it is imperative that an experienced medical malpractice attorney or an attorney that is ‘teaming up with’ an experienced malpractice attorney represent you.

7. The statute of limitations has expired.

This is the time a person has to start a lawsuit. The time limit is very different for a city, state or municipal hospital than it is for a private hospital or doctor. One reason that you should consult an experienced medical malpractice attorney early is to determine when the statute of limitations expires in your case! DON’T LET YOUR TIME RUN OUT without knowing your legal options!

8. Jurors have been biased by the insurance industry.

The insurance industry has spent millions of dollars funding research to suggest that there is a widespread problem with respect to medical malpractice suits. These studies claim that excessive verdicts are causing malpractice insurers to raise their premiums, forcing physicians out of the medical profession. It has been proven that increased medical malpractice premiums have nothing to do with lawsuit verdicts! Even the American Insurance Association has said that lawmakers who enact “tort reform” should not expect insurance rates to drop! Jurors who hear the insurance company propaganda then award less of a verdict than they would normally have deemed appropriate. Unfortunately, after the verdict is reduced on appeal, malpractice victims often receive less than is necessary to pay their medical bills for treating the subsequent injury that was caused by the malpractice. Even your doctor probably believes that by capping, or reducing damage awards, this will cure all that is ill with the legal system.

Nothing is further from the truth. The medical malpractice insurance companies are in business to make money. Not to pay out money. The more they pay out in claims, the less profit they and their shareholders take home. I have always asserted that if the doctors wanted satisfaction in reducing their inflated premiums, they should look no further than their own malpractice insurance companies. By demanding rate reductions and by threatening to obtain coverage elsewhere, the insurance companies have to realize that their rates must be re-evaluated. Also troubling is why physicians have not banded together to open competing insurance companies in order to obtain reduced rates.

9. The injured patient is unable to hire good qualified medical experts.

You cannot win a malpractice case without a medical expert. A good expert who is willing to testify can be hard to find. It is becoming increasingly difficult to find doctors who are willing to stand up for what is right and to right a wrong. It takes time and money to find the best experts for your case. This is one area where insurance companies have an advantage. If they have a case that is particularly bad for their doctor, they may show the case to many experts before they find one to support the defense (or concoct a defense). They can afford to hire many experts. Most plaintiffs cannot afford to have ten experts look at their case in order to determine which expert will work ‘best’ for them.

Increasingly, doctor’s professional groups are now attempting to bring claims against doctors who testify against other doctors. These claims seek to revoke the doctor’s board certification or punish the expert doctor for testifying for a patient. This has happened recently in the field of neurosurgery and obstetrics and gynecology. The potential threat of professional repercussions for testifying on behalf of a patient will significantly inhibit many doctors from helping injured victims in seeking justice and proper compensation.

10. Juries like doctors.

Folks sitting on juries rely on doctors when they’re sick. They trust their doctor. Their family uses the doctor. The doctor has trained for many years to learn their specialty. How can the doctor be faulted for something that would have happened even if good care were rendered? Fighting a malpractice case is an uphill battle. But, with proper information, the right facts, the right experts and an experienced attorney, you stand a much better chance of knowing the risks of taking your case to trial.

Gerry Oginski is an experienced 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 16 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 139 questions and answers to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something of interest to you on this site. http://www.oginski-law.com

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What is Power of Attorney?

2006-03-29T06:30:00.000-08:00

Power of Attorney is a legal document where one person authorizes another to act on his/her behalf. It allows that authorized person to manage business and/or financial affairs when one person is no longer able to do so. It may be required due to illness, overseas travel or mental incapacity.

Why is it important to organise a Power of Attorney? Should you be considered incompetent to deal with your finances - you need somebody else to be authorised to deal with your affairs. A Power of Attorney document allows you to choose the person, with defined authority and limits if desired, the power to protect, or re-arrange, your assets.

The person named in a Power of Attorney to act on your behalf is 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.

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 on your behalf. Usually referred to as guardians, conservators, or committees. If a court proceeding is required then you may not have the ability to choose the person who will act for you.

By executing a Power of Attorney for Finances (also referred to as a Durable Power of Attorney for Finances) you can decide who you want to make decisions about your legal and financial matters. You can be very specific about what actions you are authorizing your partner (or agent) to make, including which accounts he/she has access to and the types of decisions he/she can make.

A Power of Attorney for Health Care allows decisions to be made specifically on what kind of treatment the person wants, based on their medical condition.

A Living Will in some ways duplicates the information in the Power of Attorney for Health Care. It is a separate document that lets your family members know what type of care you do or do not want to receive should you become terminally ill or comatosed. It can also cover situations in which a person may survive but is not capable of making their own medical decisions.

It can be a directive stating that there is to be no heroic measures to keep the person alive when there is no realistic prospect of any meaningful recovery.

An Enduring Power of Attorney is a legal document authorizing a named person or people to act on your behalf. Subject to certain conditions it continues in force until death.

Guardianship 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 where the person lives. A medical examination by a licensed doctor may be necessary to establish the person's condition. A court of law will then determine whether that person is unable to meet the essential requirements for his/her health and safety.

As long as you are alive you have the power to revoke the Power of Attorney. To do this you must contact your attorney-in-fact to advise that the Power of Attorney has been revoked.

You can also specify a date that the Power of Attorney will expire.

A Power of Attorney is also important for unmarried couples, who live together, when a partner becomes incapacitated and unable to make decisions. When this occurs the law usually assigns the incapacitated person's next of kin as the decision maker. With a Power of Attorney, unmarried couples can give their partners the power to make decisions.

Gay Redmile is the webmaster of several finance and investment sites. Having recently been named as Power of Attorney for her father - she realised how important it was for people to be aware of the implications of not having one in place. For further information and the latest news and articles visit her site at http://www.powerofattorneyhome.com

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How Identity Theft Occurs

2006-03-29T06:20:00.000-08:00

In the course of a busy day, you may write a cheque at the grocery shop, charge theatre tickets, rent a car, post your tax returns, change service providers for your cell phone, or apply for a credit card. Chances are you don't give these everyday transactions a second thought. But an identity thief does. Identity theft is a serious crime. People whose identities have been stolen can spend months or years and thousands of dollars cleaning up the mess the thieves have made of a good name and credit record. In the meantime, victims of identity theft may lose job opportunities, be refused loans for housing or cars, and even get arrested for crimes they didn't commit. Despite your best efforts to manage the flow of your personal information or to keep it to yourself, skilled identity thieves may use a variety of methods to gain access to your data.

How identity thieves get your personal information:

• They may get information from businesses or other institutions by:

o stealing records or information while they're on the job

o bribing an employee who has access to these records

o hacking these records

o conning information out of employees

• They may steal your mail, including bank and credit card statements, credit card offers, new cheque books or tax information.

• They may rummage through your rubbish bins, the rubbish bins of businesses, or even public rubbish dumps.

• They may steal your credit or debit card numbers by capturing the information in a data storage device in a practice known as "skimming." They may swipe your card for an actual purchase, or attach the device to an ATM machine where you may enter or swipe your card.

• They may steal your wallet or purse.

• They may complete a "change of address form" to divert your mail to another location.

• They may steal personal information they find in your home.

• They may steal personal information from you through email or phone by posing as legitimate companies and claiming that you have a problem with your account.

How identity thieves use your personal information:

• They may call your credit card issuer to change the billing address on your credit card account. The imposter then runs up charges on your account. Because your bills are being sent to a different address, it may be some time before you realise there's a problem.

• They may open new credit card accounts in your name. When they use the credit cards and don't pay the bills, the overdue accounts are reported on your credit report.

• They may establish phone or wireless service in your name.

• They may open a bank account in your name and write bad cheques on that account.

• They may issue counterfeit cheques or credit or debit cards, or authorize electronic transfers in your name, and drain your bank account.

• They may buy a car by taking out a car loan in your name.

• They may get identification such as a driver's license issued with their picture, in your name.

• They may get a job or file fraudulent tax returns in your name.

You may freely reprint this article provided the author's biography remains intact:

John Mussi is the founder of Direct Online Loans who help UK homeowners find the best available loans via the http://www.directonlineloans.co.uk website.

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New Bankruptcy Law Will Not Protect You from Identity Theft

2006-03-29T05:48:00.001-08:00

Recently passed by Congress with overwhelming support, the oddly-named Bankruptcy Abuse Prevention and Consumer Protection Act was designed to eliminate “bankruptcy of convenience.” The perceived problem is that many compulsive gamblers, shoppers and drug users often run up huge debts on easily available credit cards with no intention of paying their bills. A relatively easy bankruptcy filing through Chapter 7 of the Federal bankruptcy code wipes all the debts clean and gives the debtor a fresh start. Studies would suggest that most people who file for bankruptcy are actually suffering from sudden illness, job loss or some other catastrophic event, but the law was passed just the same, and debtors will now have to repay at least a portion of their problem debt when the new law takes place in October, 2005.

A provision of the new law that was not well publicized is the fact that the law applies to any debt, including debt which has been incurred through theft of the debtor’s identity. If someone steals your credit card, or driver’s license, or both, and runs up a huge amount of debt by posing as you, then you will be held responsible for the debt. Identity theft has become an increasingly large problem in the last few years, but the new legislation should make everyone aware of the problem associated with identity theft. While a determined thief can probably steal anything, a few simple steps can make it harder for someone to steal your identity.:

Shred your documents. There are plenty of thieves that will sort through trash, looking for credit card receipts, bills and any document that has your signature. If you are throwing away financial documents, shred them first. Shredders can be found at any office supply store for a reasonable price.

Don’t give out your Social Security number to anyone unless it is absolutely necessary. Congress originally intended that the Social Security number not be used as a national identity number, but over the years it has become just that. If someone with whom you are doing business asks you for your number, inquire as to whether it is absolutely necessary that they have it. Providing the number may not be required. A thief can obtain a lot of information about you if they have your Social Security number. Guard it carefully.

Don’t carry more credit cards with you than is necessary. It’s rarely necessary to carry 20 credit cards in your purse or wallet. Go through them and see if you can’t keep a few in a secure place at home.

Check your credit report once a year and look for suspicious entries. It typically takes nearly a year for someone to find out that their identity has been stolen. Look out for loans or large purchases that you don’t remember making.

Never give out personal financial information, especially credit card numbers, to someone that you don’t know on the telephone.

A few simple steps, practiced regularly, can protect you from identity theft. More importantly, these steps can protect you from having to repay thousands of dollars of debt that some thief might run up in your name. Your identity is your most valuable asset. Protect it carefully.

©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including End-Your-Debt.com, a site devoted to debt consolidation and credit counseling, and StructuredSettlementHelp.com, a site devoted to information regarding structured settlements.

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New Bankruptcy Law Will Not Protect You from Identity Theft

2006-03-29T05:48:00.000-08:00

40 Million People Hacked - YOU as Identity Theft Victim

2006-03-29T05:40:00.000-08:00

Saturday, MasterCard blamed a vendor of ALL credit card providers called CardSystems Solutions, Inc., a third-party processor of payment card data, as the source of loss of 40 million consumers credit card information.

As is pointed out by several newspaper and web articles over the last few weeks, each recapping long lists of financial information data breaches, something's gotta give before we entirely lose trust in financial institutions, data brokers and credit bureaus. How much privacy loss can we take without acting?

These types of data loss were very likely common and have very probably been going on for a very long time. The difference is that now, THEY ARE REQUIRED BY LAW TO DISCLOSE THOSE LOSSES - not just in California, but in many states. National disclosure laws on data security breaches are being considered in Congress.

I suggest that these breaches of data security all came to light due to the California law requiring disclosure from companies suffering hacking loss or leaks or social engineering or crooked employees or organized crime rings posing as "legitimate" customers. All of the above have been given as reasons for security lapses or poor security policies.

About three years ago, a friend told me his paycheck deposit to Bank of America went missing from account records after he took his check to the bank on Friday. By Monday, Bank of America was in the news claiming a computer glitch had disappeared the entire day's deposits. I mumbled to myself, "I'll bet that was a hack and that hacker just made a huge offshore banking deposit with B of A depositors' money."

But we didn't find out why it happened in that particular case because there was no disclosure law in place at the time. Now we have disclosure laws that mandate notice of security breaches. Now suddenly - huge financial services hacks and devious criminal social engineering outfits posing as legitimate customers and apparently "innocent" losses by transport companies of backup tapes begin to come to light.

This spate of data loss incidents is proof of the need for corporate "sunshine laws" that make public notice mandatory of those data losses that threaten customer information.

Who is going to lose here - the public, the corporations, the criminals, or the government? I'd prefer that the bad guys get the shaft and take down crooked company insiders that either facilitate data loss by underfunding security and encryption or participate in data theft or loss in any form - even if that participation is security negligence.

Financial companies and data brokers have been covering up the losses and keeping quiet about hacks so as not to worry or frighten their customers. But that practice is essentially ended now that they must notify the public and disclose those losses instead of hushing them up.

Keeping the breaches hidden from public view is bad practice as it maintains the status quo. Disclosure will facilitate internal corporate lockdowns on the data and all access to it. Disclosure will educate the public to the lack of security and danger to the sensitive information we all provide rather casually and routinely to businesses.

As the following link to a silicon.com story suggests, we cannot take much more of this lack of regard to privacy and must lock down financially sensitive data securely and must begin to hold data brokers, bureaus and handlers VERY accountable.

Insist to your elected representatives that your financial data be locked down, encrypted and guarded by those entrusted with storing, transporting and using it. Since our financial, medical and legal lives are increasingly being housed in digital form and transmitted between data centers of multiple handlers - we need to know it is secure. We also need to know when that security has been breached and our data compromised or lost.

Thieves are becoming more aware of the ease with which they can find and access financial data. Hacking is not the source of the greatest losses.

Organized crime has easily found their way into our financial records by simply paying for it by posing as "legitimate" business customers of information brokers such as ChoicePoint and Lexis/Nexis. Any business can buy financial and credit information from those information bureaus and credit reporting agencies by meeting rather lax requirements for "need to know" that data.

As long as it is possible to purchase our sensitive data from brokers and bureaus, organized crime will "legitimately" buy it from those sources, then ruin our credit by selling that information at a higher price in identity theft schemes.

Since disclosure laws have come into effect, those breaches have been made public, credit cards cancelled before losses can occur and credit reports monitored to watch for suspicious activity. The bad guys activities are squelched because we are made aware of the possibility our information has been compromised.

Not all blame can go to financial institutions and data brokers. Protect your own private data by protecting your computer records at home, in the office, on your laptop and in your PDA by using basic keyword security and locking down files. Use built in encryption on your operating system and your home network to keep data secure. Then be certain to clear that sensitive data off the computer when you sell it or throw it away.

Data security is something we all need to take seriously and the corporate breaches are dramatic illustrations of how important it has become to build digital fortresses around our critical financial, legal and medical information.

Mike Banks Valentine is a privacy advocate and blogs about privacy issues at PrivacyNotes.com You can read more about identity theft issues at: Publish101

Contact MikeValentine for Search Engine Optimization http://www.seoptimism.com

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