2. March 2010

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Understanding Rape

What is Rape?

Rape is an assault by someone involving sexual intercourse with another person without that persons’ consent. It is often used interchangeably with sexual assault. It includes forced intercourse in the vagina, anus or mouth by the offender(s). It is a criminal offense and is considered as one of the worst crimes a person can commit. Rape can happen to men, women or children and causes both physical and emotional harm to the victim.

Different Types of Rape

  • Date rape – also called acquaintance rape, is a non-consensual sexual activity or rape committed by people who are already acquainted or who know each other socially. They can be friends, acquaintances, people on a date or even a couple with previous consensual sex in the past, where it is alleged that consent for sexual activity was not given.
  • Statutory rape- is having non-forcible sexual intercourse with a person who is not old enough to legally consent to having sexual relations. The actual ages for these laws and punishments for offenders vary greatly from state-to-state.
  • Gang rape – also known as mass rape or pack rape, occurs when a group of people participate in the rape of a single victim. It involves more than one attacker and is widely reported to occur in most countries.  
  • Spousal rape – is rape between married people. It is also known as wife rape, partner rape, marital rape or intimate partner sexual assault.
  • Drug facilitated rape – this kind of rape is when a rapist uses various drugs to render a victim unconscious.  Substances are added to a drink to increase the vulnerability of potential victim, so they can easily be sexually assaulted or raped.
  • Prison rape – these rapes happen inside prison and most commonly another inmate is the attacker. But in female prisons, prison guards can be the attacker.

If you or a family member has been a victim of a sexual assault or rape, you must immediately consult an experienced attorney. Someone who will be sensitive to the issues faced by the victims and will take the time to thoroughly discuss every aspect of the case.

The Information found on this website is intended for information purposes only and not as legal advice.

Additional Legal Tools: Bloom Legal Law Firm. Serving clients in New Orleans, Louisiana.

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2. March 2010

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Simple Steps in Estate Planning

  • Estate Planning in easy steps
  • Things to consider in Estate Planning

Death is something no one looks forward to. But careful estate planning and making a Will, removes much of the uncertainty and fear that is associated with death.

Make a Will

Although it is certainly possible to distribute all remaining assets to qualified heirs, it is a process that takes some reasonable time to resolve. If a person dies without a will, the state provides laws and guidance on how this is distributed. Executing a Will however, provides a speedier process where you could make your wishes be better known.  

Consult with a Lawyer

There are simple things to remember whenever you want to execute a Will. Talking with an attorney can help you make a Will that not only expresses your desires but also something that could stand up in court. Laws regarding Will’s and transfer of property in the event of death may vary from state to state or your location. Only a licensed legal practitioner or lawyer could help you understand what laws apply to your area. When getting a witness, always remember that they should not be included as beneficiaries in the Will.

Understand the simple mechanics involved in Estate Planning

There is lots of information regarding Estate Planning available thru books or different websites. This can give you an overview on simple concepts involved in Estate Planning. Talking to a financial adviser or attorney who specializes in Estate Planning could also provide you with invaluable information in making those first steps.

Organize all documents

Death can come at anytime. It is far much wiser that if you have reached legal age or currently working, making a Will and Living Will is a prudent approach to life’s uncertainties.

Update all documents

As years grow by, your estates may grow or diminish. A will should always reflect the current state of your estate. A Will done when you were single may not be detailed enough to include your present status. Changes in your relationships such as the birth of a child, divorce or changes in residency affects the Will.

Information and resources on Probate Law at Public Attorney Adrian Philip Thomas website, legal offices at Fort Lauderdale, Florida

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27. February 2010

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How Common is Traumatic Brain Injury?

Traumatic brain injury or head injury can happen to anyone. More than a thousand of people experience a life long disability and even die because of this incident. Statistics reported by the National Center for Injury Prevention and Control indicate that the number one leading cause of head injury is falls at 28%. Babies and toddlers particularly are prone of falls and/or are victims of violent shaking resulting in head injury. Motor vehicular-traffic crash is the second leading cause of head injury at 20%. Male adolescents and early adults between the ages of 15 and 24 are most susceptible of a having head injury resulting from pursuing chancy choices in sampling various curiosities of life. Brain injuries resulting from physical violence events are next at 19%, followed by assaults at 11% – the least leading cause yet also considered as one of the main contributors to head injuries.

Typically, the onset of symptoms of traumatic brain injury starts from the time the injury is inflicted and is classified according to the severity of hematomas and/or bleeding.

  • Acute subdural hematoma is classified as severe head injuries frequently associated with brain laceration and contusion. These occur shortly after the injury, usually within 48 hours from the suffering the injury. Person manifests rapid deterioration of alertness, drowsiness, agitation, stupor, and coma. Unilateral pupil dilation is one of the major indicator signs of a brain stem compression.
  • Sub acute subdural hematoma is classified as a moderate head injury, potentially associated with cerebral contusions which usually manifest 2 days to 2 weeks following the injury. Person may manifest lucid periods that degenerate slowly to drowsiness, stupor and coma.
  • Chronic subdural hematoma is the type of a slow bleeding hematoma caused by a mild injury; most commonly occurring in infants, elderly’ demented or alcoholic individuals on long term coagulation. This usually occurs few weeks to several months after the injury. Person having this type of hematomas usually complaints of dull headache, slowness in thinking, drowsiness, confusion and waxing and waning of level consciousness.

If you know a person manifest some of these symptoms, don’t hesitate to seek medical attention as soon as possible. Getting help as soon as possible after the injury by a health care provider may reduce and prevent possible complications.

If you or a loved one has suffered from an accident resulting in TBI, find out more from Attorney Elan Wurtzel of Personal Injury Law Firm Wurtzel Law here.

This article is not intended as legal advice.

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25. February 2010

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Unsecured Equipment Truck Accidents

The trucking industry, in the United States, accounts for the majority of transportation of goods -with trucking companies earning over $125 billion per year. Literally thousands of trucks travel U.S. roadways, both commercially and recreationally. But, unfortunately, as more and more trucks enter the roadway population, the risks for serious accidents are increasing. With the increase of large tractor-trailer rigs, those that are involved in truck crushes can have a devastating effect and the costs can be considerable.

In fact, major trucking accidents are becoming an epidemic which is increasingly affecting other motorists, passengers and the truck drivers, themselves. Fatalities are unusually high with 1 out of every 9 fatal traffic accidents involving at least one truck for a total of about 5,000 deadly truck-related accidents annually. Some of these accidents are among the most dangerous types of truck accident scenarios involving jack-knife, under-ride and unsecured equipment incidents.

An unsecured equipment accident can occur when all or any part of a truck’s load becomes detached and enters the roadway. These items can include goods, parts, materials or any other items that falls off of a truck due to a problem with the equipment used to secure the load or improper securing of that load. Even at slower speeds, an article that becomes detached from a truck can have deadly results. From a beam of lumber that can instantly kill a motorist to a piece of cloth than can temporarily obstruct a motorist’s view – can both have the same devastating effects. The causes of these accidents can come from several issues:

  • Improperly maintained trucks, which can lead to parts breaking or falling off
  • Loads that are  improperly secured, which can become loose when subject to the jarring effects of a less than smooth highway surface
  • Various types of debris that can fall out of a truck
  • Loads that are not properly balanced, on the bed of the truck, or loads that can shift due to improper security
  • Unsafe, uninspected vehicles in which parts are not properly secured
  • Loads that are not properly covered or covering made from defective materials

Any of these conditions can lead to a situation where a potentially deadly item may act as a missile in relation to vehicles travelling behind the truck at fault.

Please note that this article is for informational purposes only and is not intended as legal advice.

You can find further detailed information on unsecured load accidents,  by contacting Dallas trucking injury lawyers Todd Elias and Steven J. Gordon – located in Houston, Texas.

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23. February 2010

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Juvenile Offense Statistics

Although crime rates are not unerringly represented by the OJJDP generated reports, general patterns and trends are effectively shown.

Some of the more interesting patterns in juvenile offenses are:
From 1987 – 1994, there was a dramatic increase in juvenile arrests. Murder rates, as well as aggravated assault rates, doubled. It was noted, however, that since 1994 arrest rates have been on the decline with a 74% drop in murder arrests for 2000 as compared to 1993. The increase demonstrated in the murder arrest rate in 1987 – 1994 was dominated by males (as well as an increase in crimes involving firearms). Drug related arrests increased steadily in the 1990s and have yet to drop by any significant margin. For female offenders, the arrest rates did not experience the same dramatic rise and fall that was shown in male arrests. Instead, there has been a steady, continual rise in female arrest rates since the 1980s.

The most common types of crimes that result in juvenile offense arrests include:
Homicide, rape, assault, robbery, auto theft, vandalism, prostitution, drug possession and underage liquor law violations.

Breakdown of Arrests
About half of all juvenile arrests were made for simple assault, theft, drug violations and disorderly conduct. The number one offense resulting in an arrest was related to theft. Recorded juvenile arrests numbered 2,468,800 in 1999. Out of these, arrests for theft numbered 380,500. Recorded arrests in 2000 numbered 2,369,400 and 363,500 of these were for theft. Drug possession and abuse violations numbered 198,400 of juvenile arrests in 1999 and totaled 203,900 of the arrests for 2000. Juvenile arrests for violent crimes numbered 103,900 in 1999 and 98,900 for 2000. Overall, juvenile arrest rates fell by 5% between 1999 and 2000.

The annual bulletin, “OJJDP Juvenile Arrests 2008”, summarized juvenile offenses known to the police along with arrests made during 2008. In 2008, approximately 2.11 million individuals under the age of 18 were arrested, which was a 3% decline from the previous year.

Please note that this article is for informational purposes only and is not intended as legal advice.

The Jodat Law Group, attorney Gary R. Jodat, serving Sarasota, Florida can provide you with more information about juvenile arrests.

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17. February 2010

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Child Restraints in Cars

It’s always a good idea for people to wear the proper seatbelts/restraints when riding in a car. However, it’s mandatory, in most regions, for children (up to the age of 12 – or 4 ft 9 inches in height) to use safety seats when riding in automobiles.

Ages 0-3
Although laws vary from state to state, children from the ages of 0 to 3 should have the proper child restraints no matter if they’re riding in the front or back seats of any type of motor vehicle. It’s important that children under the age of three are restricted from riding in any vehicle that does not have seat belts installed. The only exception to this, are taxi cabs, buses and emergency vehicles, which don’t have restraints available.

Agest 3-12
From the ages of 3 through 12, the proper automobile restraint is can also be mandatory (depending on the region and the child’s age). In some jurisdictions, a child may travel in the rear seat of a car without a restraint but is required to be secured with a restraint when traveling in the front seat.

Choosing a Restraint
When choosing the proper restraint, it’s important that you check to make sure that the seat is properly certified. This will be indicated on the seat, itself, and a store representative should be able to assist you in making this determination. Even though most car seat models are designed to fit most cars, it’s always a good idea to try the seat in your own car, before purchasing – or at least make sure that there is a return policy, should the seat not fit your particular car. Always check for any visible defects, as these can prove to be devastating in the event of an auto accident.

Although a good car seat may be a bit costly, it’s certainly worth the expense to protect your child’s safety. It should also be noted, that while second hand car seats can be obtained, you should make sure the seat is not worn and that it adheres to the standards that are currently acceptable nation-wide.

If your child is going to stay with a friend or relative, you should also make sure that your child either has their own safety seat with them – or that the friend or relative has a proper child seat installed in their vehicle.

Please note that this article is for informational purposes only and is not intended as legal advice.

If you’d like more information regarding child restraint defects, please contact Attorney Kristopher Barber, practicing in Dallas, Texas.

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30. October 2009

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Lawsuit Funding for Truck Accident Victims

Each year over one hundred thousand people are injured in truck related accidents. These accidents are caused by many different reasons, including driver impairment and faulty trucks. Often the victims are killed or left disabled for life. They seek some compensation for their loss and to cover excessive medical bills brought on by the accident.

Unfortunately, it can a long time to complete an accident liability case. Victims and their families are forced to pay for their care out of pocket until the case is settled. Many accident victims were struggling, often living paycheck to paycheck or forced into bankruptcy.

When a truck accident happens there are going to be several investigations to determine liability. These will be conducted by state and local law enforcement and official agencies. This can take time depending on the severity of the truck accident.

When liability has been established it places the blame for the accident on a person or company. Depending on the circumstances of the accident, this might be the truck driver, the trucking company, or the manufacturer of the truck. The initial investigation could find all of them at fault, or just one or two of the parties.

When a person or company is found liable they may face both legal charges and a civil lawsuit. The attorney for the defendant will want to do a crash investigation of their own. This will also take time. The defendant’s attorney will want to go over all the evidence carefully and conduct interviews. Their goal is to get the charges dismissed or for their client to be found innocent.

Unfortunately, the accident victims have to wait for all the investigations to be completed before the case goes to trial. This wait could last for years, during which time they may be struggling financially because of the burdens brought about by the accident.

Lawsuit funding is a service that some lawyers offer to help accident victims receive money while their case is being investigated and tried. This funding can help pay for any medical care that is needed due to the accident. It can also help replace an income for a person who was killed or disabled because of the accident.

Lawsuit funding provides truck accident victims with fast payouts to take care of their medical bills and other expenses while their attorney works to get them compensation for their injuries. This is also called pre-settlement lawsuit funding. Each case is reviewed individually, and the amount and payment schedule is based on the strength of the case.

Lawsuit funding can help truck accident victims by providing funds to cover their costs and expenses. It is important that victims understand that these are actually loans. Victims should look for a lender who offers non-recourse cash advances, which means the lender does not receive payment unless the victim wins their case. Because of this policy, both the attorney and the lawsuit funding lender are going to review all requests and may only give funding to cases they feel are strong. They want to ensure that the victim will win their case or receive a settlement from the liable parties.

This article should not be construed as legal advice.

Additional Legal Pages: If you have been involved in an accident and need additional information please visit the Law Offices of Gordon & Elias, LLP. Serving clients nationwide and South Florida.

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28. October 2009

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Practice Area of DWI Attorney Explained

Driving While Intoxicated is a real serious offence in Dallas and due to this very reason Dallas Criminal Defense Law has presented various practice areas for DWI attorneys here.  The penalties and punishments for a DWI conviction are numerous as they basically depend on the seriousness of the crime. If anyone has been charged with the DWI conviction, then the course of action directs towards one solitary effort only and that is seeking help of a DWI attorney. One needs to hire a DWI attorney who has complete knowledge of Dallas Criminal Defense Law and has expertise in its various practice areas.

Practice Areas of DWI Attorney

  • DWI (Driving while intoxicated):- This deals with the offences committed by the convict when he was in an inebriated state and was driving a vehicle at the same time. If one is tested positive to have alcohol consumption more than the permissible value of 0.08, then that person is surely convicted under DWI law.
  • DWI With a Child: – This is another area practiced by DWI attorneys. In this, if a person is driving while in an intoxicate condition and the passengers present in the vehicle are less than the age of fifteen years, then one can be convicted.
  • Flying While intoxicated: – This area also comes under the practice of a DWI attorney. In this, the person is convicted if he is driving an aircraft in an intoxicated condition.
  • Boating While intoxicated: – This area also comes under the practice areas of a DWI attorney
  • Operating or Assembling an Amusement Ride in an Intoxicated Condition: – Although this is not a common type of DWI offence, but still most of DWI attorneys practice it. In this, a person is bound to be convicted if one is found to be in an inebriated condition while operating or assembling an amusement ride.
  • Intoxication Assault: – This is one of the most common areas of DWI attorneys practice. Any person who commits an accident or by any other reason causes a bodily harm to others is subjected to conviction.
  • Occupational Licenses: – Most drivers seek help of a DWI attorney under this category of offense. The main reasons why anyone would be convicted under this specific area are that the driver has refused to take the breath test or has failed the breath test.
  • Driving With Invalid License While Intoxicated: – This definitely adds more to the punishment that one would receive at the end as in this the person has committed two crimes, one is driving in an inebriated condition and second is that the license is invalid.

in Dallas. Under this, the person is convicted if found driving a watercraft in an intoxicated condition.

Some other areas of practice of DWI attorneys at Dallas include automatic license revocation hearings and probation revocation for DWI.

Depending on the type of crime that one has committed, one needs to find a DWI attorney in Dallas and file a hearing request within the 15 days of the crime.

This article is not intended for legal advice.

Additional Legal Information: The Law Offices of Michael Lowe. Serving all of Texas.

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29. September 2009

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Real Estate Law and Foreclosure

If a homeowner fails to make their mortgage payments, the lender may choose to foreclose on the property. Foreclosure is the legal proceeding by which a lender repossesses the property from the homeowner in order to sell it. Your mortgage documents will specify when the mortgage holder can initiate foreclosure proceedings.

Foreclosure by Judicial Sale

Foreclosure by judicial sale or judicial foreclosure means that the sale of the property happens under court supervision. Under judicial foreclosure, the proceeds from the sale of the property are distributed in the following order:

  • The mortgage holder
  • Any other lien holders
  • Finally the borrower if there are any proceeds left over

Foreclosure by Power of Sale

Foreclosure by power of sale applies if there is a power of sale clause included in the mortgage documents or if a Deed of Trust was used instead of a mortgage. The sale of the property by the mortgage holder happens without court supervision and this is usually a much quicker process than judicial foreclosure. The proceeds from the sale are distributed in the same way as a judicial foreclosure.

Avoiding Foreclosure

There is a good amount of cost to the lender regarding foreclosure, so many lenders would prefer to work with the borrower to avoid foreclosure. Additionally, during times when the real estate market is suffering, if a bank forecloses on a property that is worth less than the borrower owes, the borrower may be responsible for the difference. Because of this it is important to try to work with your lender to avoid foreclosure.

Some lenders will choose to accept interest only or partial payments for a time to allow the homeowner to get back on track. This is called forbearance and many lenders will require you to make up the difference later. Some situations that will make a lender more likely to agree to a forbearance is if you will be receiving extra money soon, such as from a tax return or a bonus from work.

Loan reinstatement is where you agree to make up any missed or reduced payments by a specified date. Loan modification includes converting an adjustable rate loan to a lower fixed rate mortgage or making the loan terms longer so that your payments are lower, but for a longer period of time. Loan modification options can help you to keep your home by making your payments more affordable.

When you are trying to avoid foreclosure, it’s important to work with your lender sooner rather than later. If you know you will have trouble with your payments in the future, now is the time to work with your lender.

Making Home Affordable Plan

In 2009, the federal government instituted the Making Home Affordable Plan to assist homeowners in renegotiating their mortgages in order to remain in their homes. The Making Home Affordable Plan offers homeowners the option of refinancing their homes even when they owe more than it is currently worth or the option of modifying their current mortgage if they are having trouble making their payments.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about real estate law.

Additional Legal Sites:  For more information on real estate and foreclosure laws please visit the Snyder Law Group.

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29. September 2009

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Auto Insurance and Vehicle Collisions

There are many different levels of coverage offered by car insurance companies, from very basic liability coverage to collision and comprehensive insurance. Knowing what is covered by each type of car insurance can help you to understand what type of insurance you need.

Liability Insurance

Liability coverage is for bodily injury and property damage to others when you cause an accident. Bodily injury covers medical costs for others and it can also pay for your legal expenses incurred because of the accident. Property damage coverage pays for any damages caused by you and any legal expenses related to the property damage caused. Each state has its own minimum liability coverage requirement.

Uninsured or Underinsured Motorist Insurance

Many states also require uninsured or underinsured motorist insurance to pay for damages caused to you, your passengers or your vehicle if you are in an accident caused by a driver with no insurance, or not enough insurance. This insurance may also pay for your lost wages or other damages.

Medical and Personal Injury Protection

Medical insurance covers medical expenses resulting from an auto accident. Some health insurance policy’s coverage is redundant with this medical coverage and it may not be needed.

Personal Injury Protection (PIP) adds to the medical insurance by also covering the costs of things like childcare or funeral services.  Many no-fault states require PIP and in others it’s optional.

Collision Insurance

Collision insurance is often required if your car is financed or leased. It will pay for damage to your vehicle if you are in an accident, whether it is caused by you or by someone else. There is often a deductible and the insurance company will decide if they want to pay to have your car repaired or if they want to “total” the car. If the repairs are more than a certain percentage of your car’s actual cash value, then they will choose to total the car and pay you the cash value, not the replacement cost of your car.

Comprehensive Insurance

Comprehensive insurance covers any damage to your vehicle that is not caused by an auto accident, such as vandalism, falling objects, floods, natural disasters, fire or theft. Like comprehensive insurance, the insurance company will determine whether it’s worth it to repair your car or total it.

Additional Coverage

Many car insurance companies offer optional services to be added to your insurance policy. These include:

  • Rental car reimbursement
  • Roadside assistance or towing

Knowing what each type of insurance covers can help you to decide which coverage you need and which you can do without. The required coverage for each state differs, so check your local insurance requirements to find out which are necessary and which are optional.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about car accidents.

Further Related Legal Information: For more information on personal injury in Long Island visit WurtzelLaw.com

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