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Posted by on Jun 28, 2017 in Product Defects | 0 comments

Product liability

It is frustrating to know that, despite the responsibility of all those connected in the chain of product distribution (such as manufacturers, suppliers and retailers) to provide customers only with safe and functional products plus the existence of the Federal Trade Commission’s Bureau of Consumer Protection, which is tasked to ensure product safety, defective products still find their way in stores and get sold to unsuspecting consumers, many of whom suffer injuries through such products’ use.

Due to the harm suffered by consumers thousands of lawsuits against manufacturers and/or distributors get filed in courts all across the US every year. According to attorney Ali Mokaram from The Lopez Law Group, these lawsuits may be based on any of the following issues:

  • Manufacturing error: manufacturing plants have quality assurance personnel whose job is to make sure that every product comply with company and industry standards. However, there are instances when manufacturing accidents occur, so that the outcome either deviates from the actual design intended by the manufacturer or some properties of the good produced end up different compared to others in the same line. While the defect may, indeed, harm the user, during a tort or personal injury lawsuit, proving that the defect actually caused the injury is still required of the victim.
  • Flawed design: instead of just a certain part being defective, an error in design will include the whole line of products which are actually made correctly but with harmful flaws (a classic example of this is the US Transport authorities’ very recent recall of 2.12 million vehicles from some of the world’s biggest car makers due to faulty airbags that can accidentally deploy even while the car is running.)
  • Inadequate warning or misleading product label: manufacturers are required (by law) to make sure that their product’s label clearly spells out: any danger associated with product’s use; product use instructions; and, the correct ingredients of the product. The product, through its label, should neither make any claim that has not been proven scientifically nor should it inaccurately identify the product’s real contents (like stating evaporated cane juice instead of refined white sugar in order to entice millions of consumers suffering from type II diabetes, coronary artery disease, hypertension, or obesity).

While it is true that some accidents are unavoidable, many more are due to acts of negligence and, therefore, totally preventable. After having established negligence as the cause of personal injury, the liable party, under the law, is obliged to compensate the victim for all present and future damages resulting from the injury.

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Posted by on Mar 21, 2017 in Bankruptcy | 0 comments

Chapter 13 Bankruptcy Provides an Amazing Opportunity

Though Chapter 7 or liquidation bankruptcy is the bankruptcy chapter most commonly applied for by individuals to save themselves from overwhelming debts, this would not be the right chapter for those who fail the means test (this test determines if an applicant’s salary is within the limit set under this specific chapter). Another chapter, however, may be right for them: Bankruptcy Chapter 13.

Chapter 13 of the U.S. Bankruptcy code, otherwise known as Wage-earner’s Plan, Repayment Plan, or Debt Adjustment, is a reorganization or restructuring type of bankruptcy that allows debtors to propose a three-year payment plan through which they may settle all their debts (with the permission of the court, this plan can be extended up to five years).

The restructured payment scheme is intended to make debt payments more affordable for debtors; this method also no longer requires the debtor to surrender any of his/her assets and properties for selling. For those who run a business, specifically sole proprietors, they can continue operations and earn profits, which they can use to pay off their debts.

Debtors, who voluntarily file Chapter 13 bankruptcy, are protected by the “automatic stay,” a court order that stops creditors and collectors from making any attempt to ask debtors for payment. This means cessation of all phone calls, emails, text messages, letters, lawsuits, attempts to foreclose or repossess any of the debtor’s assets and properties, as well as prohibition from petitioning the court to levy a debtor’s bank account or have a part or all of his/her wages garnished.

Besides the automatic stay, chapter 13 bankruptcy has other benefits, including the possible reduction of the loan amount itself (from the value of the principal loan down to the market value of the loan collateral) and the discharge of some debts, which would be retained had the debtor applied for chapter 7 instead. Among those considered as dischargeable debts are penalties and fines payable to the government (except criminal fines), retirement account loans, debts that were denied discharge during a prior filing of bankruptcy, debts resulting from divorce or separation proceedings, debts incurred due to payment of non-dischargeable tax obligations (such as the debts acquired from the use of credit card in paying taxes), debts resulting from the willful and malicious damaging of someone else’s property (this does not include personal injury cases), and condominium or homeowners association (HOA) dues (these dues, however, have a lien on a debtor’s property. This means that, despite the discharge, the debtor can still lose his/her property; thus, it is imperative that these dues be paid continuously).

Filing chapter 13 bankruptcy and understanding fully well its advantages and possible consequences can definitely be better with the help of an exceptional bankruptcy lawyer. According to the Bradford Law Offices, PLLC, “Chapter 13 bankruptcy provides an amazing opportunity.” Besides allowing you to “pay off your creditors over the course of three to five years,” Chapter 13 also allows you to:

  • Propose a repayment plan that works for you:
  • Save your home from foreclosure;
  • Reschedule your secured debts;
  • Make a single payment; and
  • Stop harassment from creditors.

A seasoned Chapter 13 bankruptcy lawyer may be able to help you understand more everything about this bankruptcy chapter, as well as understand if this is the right chapter that will work for you.

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Posted by on Oct 18, 2016 in Expunction | 0 comments

Expunction: Criminal Record Clearing in Texas

Expunction refers to a legal process where individuals can have their criminal records cleared in. In a perfect world, those with criminal records that have properly served their mandated penalties and obligations should be able to go back living their old lives. Unfortunately, this isn’t always the case. Many individuals continue to find it difficult to rebuild their reputations after receiving a criminal charge or conviction due to extreme prejudice.

Fortunately, the Texas Code of Criminal Procedure provides leeway for these individuals, giving them several options so they may be able to be free of any stigma about having criminal records. The first option is called expunction, and it’s available for individuals that were found not guilty or were acquitted of a criminal offense. Particular circumstances that may allow you to qualify for expunction include the following:

  • Getting charged of a criminal offense that was eventually dismissed;
  • Getting convicted for a criminal offense but was eventually pardoned;
  • Getting convicted for a criminal offense but was later found to be innocent.

The court may also have to look into the specific circumstances of your case in order to qualify for criminal record clearing in Dallas and other places in Texas. For example, individuals that were convicted of Class A, B, or C misdemeanors might still be able to file for expunction as long as they wait out a specified time period before pursuing their petition. Those found ineligible to file for expunction could instead try petitioning to have their criminal records sealed from the public through an order of non-disclosure.

Starting over after receiving a criminal offense can prove to be an uphill battle. Having the tiniest blip on your record could prove to be an impediment from pursuing new employment, education, and financial opportunities. Fortunately, the law provides recourse for these situations. If you think that expunction may help in your rehabilitation, contact an experienced lawyer to learn more about your available options.

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Posted by on Aug 5, 2016 in Insurance | 0 comments

File an SR-22 and Restore Your Driving Privileges in Minutes

The worst consequence of getting involved in an accident without auto insurance, getting your driver’s license suspended or revoked, or being cited for: driving under the influence (DUI); reckless driving; three moving violations in just one year; and driving without auto liability insurance, is getting required by a court to carry an SR-22 filing.

An SR-22 is a certificate which your car liability insurance provider will send to your state’s Department of Motor Vehicles (DMV), informing this agency that you are covered and, therefore, has the financial capability to compensate anyone who you may injure or whose property you may damage in an accident wherein you are at fault (compensation, of course, will not be paid by you but by your car insurance provider).

If you already have insurance coverage prior to being required to carry an SR-22 filing, all you need to do add the SR-22 filing in your insurance policy. However, if you are uninsured, then before you can file an SR-22, you will first need to purchase a car insurance policy.

If you are uninsured and chose to drive without insurance because you find car insurance too costly, then an SR-22 requirement can definitely hurt. First, because an SR-22 will make your car insurance policy still more expensive. Second, because this usually lasts for three years, but can be extended by a judge to five years if you had been required to file it due to a DUI offense. This means paying higher premiums (which you have tried hard to avoid) for three or five years. Third, there is an an SR-22 filing fee (the fee varies by state, but usually falls between $15 and $25).

An SR-22 is the only thing that can immediately lift the suspension or revocation of your driver’s license. To continue enjoying your driving privileges, you should never lapse in paying your insurance premium or cancel your insurance coverage altogether, otherwise, your car insurance provider will notifying your state’s DMV about the cancellation of your insurance coverage (since this is one of its legal obligations); this will result to your license getting suspended or revoked again.
According to the website of Second Gear Magazine, even if you had been required to carry an SR-22 filing, finding the policy that will provide you all the coverage you need at a rate that fits your budget is just a phone call away or just requires a few clicks on your computer keyboard.

Independent car insurance firms exist to protect the interests of customers who need to be insured. By providing customers with free online insurance, as well as SR-22, quotes, customers are able to compare policy coverage and prices from a wide range of insurers. Compare, choose and purchase the policy you need and get your insurance ID card instantly via email; this is the same if you need to file an SR-22.

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Posted by on Mar 29, 2016 in Senior Assisted Living | 0 comments

Understanding Assisted Living

When elders reach a phase in life where more thorough care and assistance are needed, it might be time for the family members to consider moving them into assisted living facilities, according to SeniorAdvice.com. Throughout the years, there is a misconception on what assisted living really is. It certainly is not “locking up” the elderly in a care home, as most people perceive it to be. Assisted living is a community where the elder is helped by the staff in doing their daily activities, such as eating, bathing, and many more. The elderly does not have to be severely ill to be living with assistance. In fact, assisted living is more like an vibrant alternative to the confined nature of staying at home, since it is generally a difficult feat for the elder to move around, go out of the house, and live a normal and fulfilling life at their old age. So, what really are the concepts behind assisted living?

First and foremost, it should be defined what assisted living is not – a nursing home. Assisted living homes do provide medical care, but only minimally. Assisted living facilities do not have in-house nurses and doctors and are not for illness treatment. Elders with dementia or Alzheimer’s disease (and without serious medical requirements) are sometimes placed in assisted living because of sundowning, a case where they manifest agitation and confusion late in the day. They would generally need more assistance during that time, and assisted living homes provide and specialize in these services.

Assisted living facilities also have homey centers where the seniors could gather and socialize with each other and feel that they belong in a community. This is one feature of assisted homes that may be a difficult task if the elders stay at their own houses. Transportation is also another feature of assisted living. Elders who need to get to places such as shopping centers and hospitals but are not capable are serviced by the homes as well.

Essentially, as mentioned above, assisted living aims to make the senior feel that his/her life is “normal” and easier despite the complexities that are associated with old age. According to the Assisted Living Federation of America (ALFA), each state provides unique regulations for the senior care industry.

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