Send Factor

School and Education Factor

Browsing Posts published in September, 2010

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

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

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

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

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

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

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

Stronger evidence in courtrooms-it’s what every attorney, defendant, and plaintiff dreams of. Beginning in the last 1980s, this is exactly what began to surface through DNA profiling.

In addition to the one-of-a-kind pattern engraved on our fingers, each of us possesses a unique identifier that is built within our bodies. DNA (deoxyribonucleic acid) is the genetic blueprint that determines our biological characteristics. DNA is a long molecule located in almost every cell in the human body. When we are conceived, we inherit half of our DNA from our mother and half from our father. Although every human’s DNA is 99.9% identical, the remaining 0.1% is enough to uniquely identify an individual. Our DNA is made up of about 3 billion base pairs, the building blocks of DNA composed mainly of carbon and sugar. The 0.1% (3 million) base pairs that make us unique are what constitute our DNA fingerprint.

Over the past 20 years, courts have been able to rely upon the consistent accuracy of DNA profiling, also known as DNA fingerprinting, to solve crimes. DNA profiling has even been used to solve crimes that are more than 30 years old.

Here’s how DNA profiling is done:

  • Specimens are collected from the crime scene. Anything can be used to extract DNA: Hair, blood, bodily fluids, etc. In some cases, victims may have scratched their attackers, in which case skin cells can be extracted from underneath the victim’s fingernails in order to identify the criminal
  • The DNA needs to be isolated and cut so that it can be matched against other samples. Special enzymes recognize patterns in the DNA and cut the strand
  • In a process called electrophoresis, the strands are then placed on a gel where they are separated an electric current passed through it.
  • The resulting fragments are compared against samples of all suspects and a match is determined.
  • DNA profiling is mostly used in sexual offences (60%), homicide (20%), assaults (7%), robbery (7%), criminal damage (1%), and other cases (5%).

    DNA profiling narrows the list of suspects that authorities need to work through. The FBI commented that DNA profiling allows them to dismiss one-third of rape suspects because the DNA samples do not match. Authorities recognize the possibility of specimens being planted at crime scenes, and therefore continue to investigate the crime based on motive, weapon, testimony, and other clues in order to more accurately solve the case.

    As we wave goodbye to 2005 and charge into 2006, it is time to get your house in order. This is particularly true for the legal issues in your life.

    Legal Planning

    As drab as it may seem, legal planning can help you avoid disasters in your life. With the turn of the calendar, now is the time to give your life and business some thought.

    On the family front, you should be thinking about changes you experienced in 2005 and if any of them require you to take some steps. If you got married, you need to jump through a few loopholes related to changing names, addresses with relevant companies and so on. If you had a new family addition, have you give consideration to updating your will or family trust? On a less enjoyable subject, are there any steps you need to make with parents who are growing older. Elder abuse, particularly financially, can be a problem and you may want to provide assistance to elder parents so they aren’t taken advantage of.

    On the business front, now is the time to take a step back and reflect upon how things are going. Did you meet your goals in 2005? If you didn’t, how do you plan to make 2006 a better year? In making this determination, you need to be honest with yourself and make sure you evaluate your week points. From a legal perspective, are all of your relevant business documents up to date? Have annual minutes been filed for your corporation or LLC?

    A particular area where businesses fail to follow up are changes in contracts. When entering a contract, both parties tend to see great success in the future. Inevitably, they discover the agreement needs to be tweaked to allow for circumstances and so on. When this occurs, the parties will often reach an oral agreement or just shake hands on it. Such agreements are not binding on the parties. If a dispute occurs, the business relationship will be evaluated using the original agreement. That can lead to a nightmare of circumstances. If you’ve tweaked an agreement with another party, now is the time to get such an amendment in writing!

    April 15th sounds a long way off, but it will come faster than you can imagine. Yep, I’m talking about taxes. Do you feel you pay too much in taxes? Of course you do. This is a god given right of every American. Well, now is the time to do something about it. You should contact your CPA and do some tax planning for 2006. Saving taxes often comes down to how you collect revenues and distribute them. Slight changes can save you tens of thousands of dollars, but you must implement them early in the calendar year.

    As the calendar flipped to 2006, you undoubtedly made a resolution to do something. Getting your legal house in order probably wasn’t what you had in mind, but it is something you should do!