Who Gets What In Property Division?

One of the many issues that need to be resolved in a divorce case is division of property. Before they got married or even during the marriage, married couples may have acquired properties either individually or as a couple. When they decide to file for divorce, the court will have the enviable task of dividing the properties that the couple possesses. According to the website of Marshall & Taylor PLLC, the process of dividing the property can be difficult.

There are certain rules that need to be followed when dividing a property in a divorce case. In deciding who gets which property, the judge will always ensure a fair property division. Some will divide the property equally while others will go about with property division in a different way. If one spouse is deemed at fault for the marriage ending, the properties may be divided unequally.

Marital properties that were acquired or earned during their marriage regardless of whose name is on the title will be divided during divorce. On the other hand, separate property which was acquired before the marriage is excluded from the division. If the separate property gains value by itself, it is also considered as a separate property. However, there are instances when separate property can be divided in divorce and they could be the following:

  • The other spouse has a contribution in acquiring the property, improving it, or growing it
  • The other spouse’s share of the marital property is not enough to meet the needs of that spouse

There are instances when separate property can become marital property. If said property gained value during the marriage because of the efforts of either spouse, the increase in value becomes marital property. Likewise, if the separate property is regularly used for marital purposes or placed in a joint bank account, the separate property then becomes marital property.

Once the issue of property division has been settled, there will still be a need to transfer the title of the property to the new owner.

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Types of injuries people may sustain from unsafe premises

For some people, it is common for them to visit other people’s house. Guests or invitees of such properties, however, should note that its owners are responsible for keeping them safe at all times while inside the property, according to the website of the Abel Law Firm. Visitors, and in some circumstances, trespassers may file legal claims when they sustain injuries inside a property of another person.

Serious or fatal injuries are likely to happen when property owners become negligent in keeping their property safe for other people. Guests may likely suffer slip and fall injuries inside other people’s house when the owner fail to address floor contaminants like water, fluid or oil. From broken staircases, broken floors, and poorly-designed structures, people are at high risk of sustaining serious head and broken bone injuries. In some situations, a person who has been a victim of assault or any acts of violence may file a claim against the property owner if the property does not have sufficient security personnel that may possibly prevent unfortunate situations. Apartment complex is required to have employees who will ensure safety for people inside the premises. Individuals especially younger children are at risk of sustaining water-related injuries like drowning when property owners fail to put warning signs and barriers around swimming pools.

Parents whose children went to someone else property even without permission from the owner may possibly file for premises liability claim when the child sustained injuries while inside the property. Such persons who have decided to file a premises liability claim after sustaining injuries from a likely hazardous property should initially determine if the property owner’s negligence resulted in injuries. Victims of unsafe premises should consider filing a claim mostly if their injuries are serious enough to require extensive hospitalizations or have resulted in permanent disability.

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Most Common Personal Injury Cases

Accidents happen all the time. Some of them are relatively more harmless than others. For example, it’s an unfortunate accident to accidentally step on excrement on the street, yes, but it is incomparably more unfortunate to break a leg or crack your skull due to a very bad fall. Some of these incidents can actually warrant legal action and these are usually called personal injury cases.

Ask any professional, experienced Tennessee personal injury attorney—personal injury cases can happen at any time, any place, and to anyone. Did you know that these next few scenarios can actually be constituted as personal injury cases?

Automobile accidents are probably the most common kind of personal injury case. While these usually happen while on the road, it is not completely unheard for these situations to happen while the car is stationary. You could be waiting to pick someone up and another car crashes into you and causes injury to both yourself and to your vehicle—that is a case of personal injury as harm came to your person due to the careless or negligent actions of someone else.

One of the other most common personal injury cases are situations wherein owners of either public or privately owned facilities must be made liable for the injuries sustained due to negligent ownership of the premises. This is also called premises liability. Something as simple as an unmarked wet floor could cause a “slip and fall” incident so damaging and severe that it makes the victim a quadriplegic in the blink of an eye.

Another kind of personal injury case that is often overlooked is that of medical malpractice. If the medical practitioner who is meant to be helping you cure your illness has shown negligence or has performed not in accordance to the expected necessary standard of care for professionals in this field, then that must be corrected and them, held accountable for their negligent or careless actions.

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Symptoms of a Defective IFC Filter

Many individuals implanted with the Bard G2 IVC Filter are completely unaware of the deadly risks of the device. The filter, made temporary by the FDA, is implanted into an individual’s interior vena cava. The device’s cage-like legs are designed to catch blood clots before they reach the lung. Individuals, especially those who are unable to take blood thinning medicine, often see the device as a viable option to prevent the dangers of pulmonary embolism. However, over 921 cases of adverse effects of the device have been reported, including 27 deaths. Sometimes when individuals learn this, it is too late which is why it is essential for individuals to recognize the warning signs of the device.

Some of the signs of a defective IVC Filter include severe chest pain and difficulty breathing, according to information on the Habush, Habush, and Rottier S.C. website. This is associated with the device breaking off or migrating to the heart or lungs and interfering with breathing and blood pumping functions of the body. The device can also cause hemorrhage to major organs and dangerous metal shards circulating through the blood stream. A defective IVC Filter can also cause severe headaches or stroke caused by shards of the device coming near the brain. Individuals may also experience internal bleeding, rapid heartbeat, and damage to the blood vessels as a result of the filter.

If you have experienced any of these symptoms and had a Bard G2 IVC Filter implanted, the future consequences can lead to life-long injury and even death. Although C.R. Bard, the company behind the filter, allegedly knew of these risks, they failed to warn patients and continued to sell them to doctors. The complications caused by the Bard G2 IVC Filter are often unimaginable and can lead to physical, emotional, and financial turmoil for an individual.

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Car Accidents: Results of Recklessness and Negligence

Every time a car accident occurs, the one who is always at the losing end is the injured individual who, it is presumed, has driven carefully, has observed traffic safety rules and was simply a victim of someone else’s recklessness or negligence.

The National Highway Traffic Safety Administration (NHTSA) has listed drunken driving, reckless driving, driving over the speed limit, driver error and distracted driving (which includes use of cell phone while behind the wheel) as the top driver-controlled causes of car accidents. It follows, of course, that there are also contributory factors that fall outside of drivers’ control, namely, car or car part defects and road/highway defects.

Car accidents are, more often than not, results of negligent or reckless acts, whether these fall within or outside of the driver’s control, making these totally preventable. And where accidents due to recklessness or negligence are the concern, the persons victims should get in touch with immediately are personal injury attorneys.

A Louisville personal injury attorney knows fully well how widespread car accidents are and how overwhelming their effects can be. More than 5 million accidents on US roads and highways are recorded by the NHTSA every year, with almost half the number causing injuries and more than 35,000 resulting to death.

Injuries and death are not the only effects of car accidents, though, for besides these, there are also the trauma, which can have a lasting effect on the victim, the necessity to undergo medical treatment, which can be very costly, and, if the victim is employed, then his/her loss of capacity to earn due to days of inability to perform work.

Despite the fact that the effects of an accident can no longer be reversed, the law recognizes the plight of victims and, if liability can be proven to be someone else’s, then victims may be entitled to seek and receive compensation. Thus, it is very important that the attorney a victim hires is one whose knowledge and experience on personal injury lawsuits surpass the others, for a mediocre legal counsel may only cause the victim to lose the compensation that he/she is actually legally allowed to seek and receive.

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Keeping Children Safe from Dangerous Toys and Products

It’s difficult to account for the materials that are in the toys and products used by our children. As a parent, you want to make sure that your child is safe from any harmful substance that can cause serious harm and injury. Thankfully, there are specific government regulations that help keep such accidents from happening.

In the last year, the U.S. Consumer Product Safety Commission (CPSC) issued about 17 million recalls involving products intended for children. These products, which include cribs, baby carriers, clothing, toys, play sets, and stationary activity centers, have been pulled out from the market following stricter safety standards imposed by Consumer Product Safety Improvement Act of 2008.

This improvement in policy and implementation came as a result of a tragic incident involving the death of a 16-month old baby named Daniel Keysar in 1998. Baby Danny was strangled and suffocated when his Playskool Travel-Lite crib collapsed on him. His parents soon found out that the crib has been recalled 5 years before the devastating accident. Despite this recall, they learned that the defects in the crib have caused the death of several other infants. While certain policies were in place to make sure products in the market were safe, it became clear that implementation of such policies weren’t up to par.

Through the non-profit organization they founded called Kids in Danger, Danny Keysar’s parents were able to rally for stricter policies and implementation in products intended for children. About a decade after their son’s death, the U.S. Congress passed the bill that establishes better regulations with regards to product safety.

The bill, nicknamed ‘Danny’s Law’, aims to tighten regulations in safety standards and ensure that manufacturers are complying with each requirement. Among the new policies enacted through Danny’s Law is the issuance of a registration card for products purchased after June 2010. The objective of the card is to help manufacturers contact their customers in case a product needs to be recalled. This supplements announcements made by the CPSC, helping to ensure that information is readily available to the public.

Tennessee personal injury attorneys may inform you that cases of product liability can cause a lot of harm. The risks are even greater when the products in question are intended for the use of children. Thankfully, government regulations have become a lot stricter in recent years. Hopefully, these improvements continue on in the future.

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Distribution of Assets after Divorce

The State of North Carolina follows the laws laid down by the Federal District Courts, just as with the majority of the states in the US. However, if you are planning to file for divorce as well as file for bankruptcy, it can be complicated, since divorce laws in North Carolina are unique and can impact the result of both proceedings. According to the website of Marshall & Taylor, PLLC, the timing of filing divorce and bankruptcy can have a significant effect on the legal options that you will be left to pursue. It is therefore critical to consult with a lawyer first before filing any of the legal actions in order to get the best results.

North Carolina follows the equitable distribution statute in an event of divorce or legal separation. This means that the financial status of each spouse is taken into account, and thus the split may not necessarily be 50/50. The “equal” distribution will depend on the net values of both the marital property and the divisible property, unless it has been determined by the court that the division is not equitable. There are many factors that will be considered in order to determine the distribution of property, and these can greatly influence how the proceedings will eventually end. Because of the equitable distribution statute, North Carolina divorce does not automatically demand your properties and debts to be divided. This will only be possible through an application called “petition for equitable distribution”, and failing to do so will forfeit your right to do so during the divorce proceedings. This can be a problem when you have decided afterward of dividing the debts and assets.

Issues with money is one of the leading reasons for divorce, which is why if you believe that your ex spouse is considering filing for bankruptcy, you should immediately contact a lawyer in order to discuss possible legal ways to protect you and your personal assets. Additionally, divorce will have no effect on any alimony and child support payments that the court has already approved, therefore the other spouse will still be liable for them even after the divorce or bankruptcy has been finalized.

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Safety Features of SUVs

Recent studies have provided information on the safety that sports utility vehicles (SUVs) provide. The chances of SUVs getting into a rollover accident have been significantly reduced through the help of the new wave of technology that effectively prevents any accidents from happening. Today’s SUVs have active and passive safety features that ensure occupants inside the vehicle are protected and even prevent an accident even before it can occur.

Rollover accidents occur during high speeds on sudden turns or swerves while driving. Stability has always been a factor for SUV’s and speed and sudden change in directions can make the vehicle unstable and difficult to maneuver. This has lead to a great number of rollover accidents (the worst type of accident) and resulted in thousands of injuries and deaths every year.

The mandatory requirement made by the Federal government for car manufacturers to include the electronic stability control has greatly helps in lowering the cases of accidents (especially rollover accidents for SUVs) as this safety feature help in automatically triggering the vehicle’s brakes and intervenes with the throttle during wheel slippage. These features help with the stability of the SUV, making it easier to control and thus lower then chances of accidents or fatal crashes. However, the utility of these numerous safety features can be undone by most automotive defects.

Other safety features added to the SUV models are anti-lock brakes that would allow you to drive the vehicle while being under full braking power and the independent suspension that permits each of the four wheels to react individually to uneven road conditions. However, these safety features will not be enough if the driver himself drives the vehicle in a reckless or negligent manner. The advancement of safety features in SUVs have made it still one of the best selling vehicles in the United States, and is still growing in popularity around the world. SUV safety features have made the roads safer not only for them but for other cars on the roads as well. In addition to that, extra safety features can also turn into savings on car insurance. Be on the lookout for these kinds things, since having them is almost like getting paid to be more safe.

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Tabletop Games and Electronics

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Tabletop games have been around for centuries. There are tons of different styles of games from purely spoken ones, board games, card games, role-playing games, and even pen-and-paper games. While many wouldn’t be greatly improved by the inclusion of electronic components, there are some who could be streamlined by technology.

Monopoly is an example of a game that was made more user-friendly by the inclusion of technology. Some newer versions of it include electronic banks, allowing players to make transactions more easily, without having to count out all of their money every time they consider buying or selling a property.

dice d&dThis got me thinking about what other games could be improved by similar electronics. I think an electronic module would be really handy for Dungeons & Dragons, though very complicated. It could keep track of how many daily spells an individual has, inventory, hit points, and other statistics.

What other games do you think could benefit from electronic add-ons?

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Lyme Disease: Symptoms, Prevention, and Treatment

Any outdoorsy Texan can tell you winter is the right time for camping. The scorching heat in other months simply makes spending the night in a sleeping bag intolerable. During the winter, however, mildly chilly weather makes the perfect atmosphere.

Unfortunately, the joys of camping also comes with too many bugs to name. Some insects are harmless nuisances, but others—like ticks—can carry horrific diseases.

Lyme disease, for example, can be spread by deer ticks and western black-legged ticks in the United States. This disease may cause joint inflammation, facial palsy, impaired memory, and cardiac irregularities if left untreated. However, the illness is usually only transferred if a tick is left attached for 36 hours or longer, according to WebMD.

If you’ve had a tick attached longer than 36 hours, the first step is to have a doctor remove it immediately. After that, it’s important to watch for symptoms of Lyme disease. Commonly, the disease causes joint pain, chronic tiredness, a general “scatterbrained” feeling and impaired memory, a tingling sensation in the fingers, back, or feet, and even paralysis of the facial muscles.

If you believe you may have been exposed to Lyme disease, it is important to get a medical professional’s opinion as soon as possible.

If you or a loved one suffer from Lyme disease, you may qualify for Social Security Disability Insurance. In order to successfully file for these benefits, an inability to perform normal daily activities must be proved. Since the process for proving this can be lengthy and complex, it may be wise to seek legal representation before filing.

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