Archive for April, 2010

Understanding the Value of Admiralty Law

Friday, April 30th, 2010

In this day and age, Admiralty Law seems like a thing of the past to those who are not directly affected by its principles. Also known as maritime law, this principle governs everything from shipping to wharf operations to recreational rules and regulations. Without Admiralty Law, the waterways and oceans would become a place of pandemonium and “might makes right” seamanship. Obviously, these laws were put in place for a reason.

Despite the fact that many people of this day and age don’t realize the implications of piracy on the waterways, especially international waterways. Piracy falls under the areas of inclusion where Admiralty Law is concerned. All too often those affected by piracy end up feeling powerless against their intruders and never really effectively deal with the impact of piracy.

While the movies may make piracy out to be a beatable force with a little determination and creativity, in reality, a man with a machine gun at your face isn’t something that can be deterred by swinging ape like around on the boom. While most cases of piracy are never prosecuted, there are a few cases on the books that prove that a little evidence and a high quality maritime injury attorney can change the outlook of someone who has been abused by piracy.

Maritime law, or Admiralty Law also extends to disputes regarding recreational accidents. This mean when the uninsured yahoo who has had way too much to drink, anchors in forward, skips the backing down, and launches himself merrily into another beer shouldn’t be surprised when the boats downwind of him rely on a maritime injury attorney to recoup the damages caused by his boat at three in the morning when the wind kicks up and he breaks free.

Of course, breaking free can happen to anyone, but anyone who has spent any time on the water knows that there are preventative measures and there are encouraging measures. Maritime injury lawyers are flooded with cases stemming around those who forgot to take their preventative measures.

Injury at sea is also included under Admiralty Law. This applies mostly to those who make their living on the water in one form or another, as well as to principles of safety involving merchant sea-persons and the U.S. Coast Guard. It also applies to the skipper who is taking an overloaded boat out for a day sail and for whatever reason drifts off into a day dream or takes his attention away from his responsibilities, backwinds the sail, and sends one of his crew members for the day careening into the waters, where if he’s lucky enough to stay conscious he may only have a concussion to deal with.

Maritime injury lawyers usually do a reasonable consultation on these types of cases to determine fault, evidence, and if the case is tri-able in the long run. Injury at sea can be very serious and costly for both recreational boaters and those who earn their paycheck from the water. No injury at sea should go without a consultation by a maritime injury attorney.

Admiralty Law as it applies to the injury at sea goes hand in hand with the Jones Act. The Jones Act was determined to be the ruling government of issues relating to injuries that occur on the water or along the water’s edge basically, that was a direct influence involving monetary gain. This means that dock workers, commercial fishermen, merchant sea-persons, and even barge construction crews all fall under the Jones Act protection laws.

If a worker is injured while earning a living at sea or a sea related activity, they really should immediately contact a maritime injury lawyer to determine if their case is relevant to the Jones Act. If it is, they should acquire specialized representation, as there are different rules and regulations regarding the Jones Act as it applies to injured workers when compared to regular worker’s compensation. These differences are very important and they should be explained by a down to earth maritime injury lawyer.

Of course, there are thousands of situations that apply to the Jones Act and Admiralty Law. There simply isn’t the capacity to cover them all in one article, or even a dozen for that matter. The bottom line is pretty simple, if it relates to an injury at sea or other damage caused by negligence or a preventable situation, the type of lawyer a person chooses does matter.

While a recreational sailor can hold a drunken anchoring job accountable for damages to his boat under either the Admiralty Law or through a regular attorney for negligent behavior. The laws and standards of proof are a bit different from each other and one should consider very carefully before deciding which way to go. Just because as a society we are more familiar with lawsuit derived from negligence claims doesn’t mean that this is the better alternative.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

What Happens After an Injury at Sea?

Thursday, April 29th, 2010

Despite the extensive safety classes offered for both commercial and pleasure sea going individuals, an injury at sea can happen at any time, and can be very terrifying. After all, the resources to remove someone from a vessel who is seriously injured are really minimal in comparison to receiving assistance on land. After the helicopters and rescue teams create a big fuss and get an injured victim safely to an on shore medical facility, what happens next?

Medical bills for an injury at sea tend to be much higher than those for injuries sustained on land. In most cases, some sort of rescue effort was made either via boat or air to get the injured party to the appropriate medical facility. Just like a ride in the ambulance comes at a cost, so does a chopper evacuation or a boat rescue. Coupled with the extensive damage that can occur during a rescue, even a broken leg or arm can rack up serious medical bills in a heart beat. In some cases, there is nothing the injured party can do.

In cases involving liability or work related injuries, the only way to financially protect what has taken a lifetime to build is to call a maritime injury lawyer. A maritime injury attorney can go over the case, ask the appropriate questions, and determine whether or not the injury falls under provision made in the Jones Act.

The Jones Act is a valuable doctrine that determines liability and financial obligation relating to injury at sea regardless of whether the injury was sustained in the pursuit of commerce, protection of the country, or personal pleasure. The Jones Act is used to determine the rights of an injured victim and how much and if they are entitled to compensation and damages stemming from the accident.

Obviously, a maritime injury attorney can do nothing if the accident was the fault of the injured party. There was a story in a prominent sailing magazine a few years back that told the story of a man who ran himself over with his own dinghy. He had apparently stood up while underway and the dinghy ran into a sandbar, lurching and sending the gentleman several feet in front of the dinghy.

The auxiliary engine did not have a safety cut off switch attached to his wrist, and of course with his weight out of the boat, it continued to progress and ran him over, cutting his face. Accidents such as these happen more regularly than could ever be printed.

A maritime injury attorney could do nothing in this situation, unless there was an emergency cut off switch that failed, or there was some other sort of safety mechanism that did not respond during the emergency. Nevertheless, this particular gentleman was still encouraged to contact a maritime injury lawyer just to be sure that his case was not tri-able.

When accidents occur involving safety equipment, the first call after alerting family members to the situation, should be to a maritime injury attorney. A thorough assessment by a maritime injury lawyer can often determine whether damages to cover the medical costs as well damages to cover any permanent injury are attainable.

For many families, this is the only viable means of paying the extraordinary costs associated with such an accident as well as maintaining the lifestyle achieved before the accident. A higher percentage of injuries at sea lead to life long effects than injuries sustained on land. Research has not yet proven exactly why, but there are many theories to support the statistics.

When an accident is clearly the fault of another seagoing individual, whether this entails commercial accidents or pleasure boating accidents, a maritime injury lawyer becomes a vital part of the picture, just as the physicians, surgeons, and therapists. A maritime injury lawyer can oversee that the victim’s rights under the Admiralty Law and the Jones Act are being upheld. In the event that any party involved in the accident are in violation of Admiralty Law or the Jones Act, a maritime injury attorney can then step up and start filing on behalf of the injured victim.

All too often people who have sustained an injury at sea and are entitled to compensation under the Jones Act or Admiralty Law do not receive fair treatment. This is due in part to the propensity for calling the wrong lawyer. If an injured party contact the same lawyer they used to fight their speeding ticket or to draw up their legal papers, they are not likely to receive the type of representation they need. Maritime injury attorneys are devoted to a specialty, and thus have extensively studied the Jones Act and Admiralty Law.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Foreclosure Epidemic Likely Means Additional Tax Liability

Wednesday, April 28th, 2010

The recent national surge in home foreclosures coming on the heels of the collapse of the sub-prime lending industry and decline in home values likely means additional bad news for those former homeowners who feel like they just lost everything: additional income tax liability.

Income tax liability? From losing your home? Such is the nature of the United States Internal Revenue Code.

Given the foreclosure epidemic and the huge losses to which lenders of all sizes are now exposed, many lenders are willing to enter into a variety of work-out programs with their borrowers to avoid foreclosure. Avoiding foreclosure does not necessarily mean keeping the home, however.

The foreclosure process is time-consuming for the lenders and often subjects them to the additional time and expense of physically evicting the former home owner from the home after the foreclosure sale. From the borrower’s perspective, a foreclosure is a huge blow to credit worthiness and will impact the borrower’s ability to finance major purchases for years to come.

Considering many lenders’ goals of reducing their losses on foreclosures, borrowers have met with success recently in negotiating “short sales” with their lenders. A short sale is the borrower’s reconveyance of the home to the lender for less than the amount owed on the mortgage.

For example: Joe obtained a creative home loan and purchased a home at the height of home values and during the most liberal period in sub-prime lending.

Eventually, the appraised value of Joe’s home began to drop and the “creative” part of his home loan kicked-in. Perhaps his interest rate adjusted or his interest-only payments ceased and he was required to commence paying both principal and interest.

In any event, Joe finds that he cannot afford to continue making the mortgage payments and, due to market circumstances, he now owes more on the mortgage than the home is worth. In other words, he is upside down in the home.

Joe defaults on the mortgage payments and is now subject to the foreclosure process.

Applied to the example above, the borrower might successfully negotiate a short sale with his lender. Many lenders are now accepting a reconveyance of the home and forgiving the remaining debt exceeding the value of the home.

In the example, Joe may have purchased the home for $300,000. He has made interest-only payments on the loan for a year, but due to the recent slump in the market, the home is now worth only $250,000. He still owes $300,000 on the mortgage. The lender, therefore, may accept a reconveyance of the home – in essence a $250,000 payment – against the $300,000 debt.

The sale is “short” because the value of the home does not cover the amount of the mortgage. The lender may forgive the additional $50,000 owed by the borrower in order to avoid the foreclosure process, or to avoid litigation expenses in pursuing the borrower for the deficiency balance, and essentially cut its losses.

For the borrower, he avoids foreclosure and its ramifications to his credit, as well as facing a likely judgment for the amount still owed on the debt.

The hidden drawback here, though, is that the tax code treats Joe’s debt relief as income. By being relieved of the obligation to pay $50,000, the IRS considers that Joe has in effect put $50,000 in his pocket.

The debt relief is subject to ordinary income tax. Joe may not even know of his additional tax liability until he receives an envelope in the mail from the lender containing a 1099 form reporting the debt relief income to the IRS.

The same result may follow if Joe simply walks away from the home, allows foreclosure to proceed, and then the lender elects not to pursue Joe for collection of the deficiency balance on the loan.

The ripple effect of the sub-prime lending market over the past couple of years has yet to reach its full effect. Individual homeowners must be wary of all consequences of divesting themselves of the homes they purchased in that market.

While financial planning might be the last thing on a borrower’s mind when he or she faces the harsh reality that the home will be lost in some way, the unforeseen consequences of a foreclosure or short sale can only be addressed through the sound advice of a tax professional, CPA, or, at the very least, the IRS website.

Of interest to us lawyers, however, is the approach the IRS will take to the likely spate of litigation that will proceed, alleging that these borrowers, now facing additional income tax liability through the loss of their homes, should not be responsible for the 1099 income tax burden, by virtue of alleged fraud or misrepresentation on the part of the sub-prime lenders.

As they say, “the Wheels of Justice grind slowly.” We will all have to wait to see how this shakes out.

Aaron Lovaas is a lawyer practicing in the areas of business litigation, business formation and planning, and real estate matters through his law firm, Shimon & Lovaas, P.C., in Las Vegas, NV. aaron@shimon-lovaas.com; website: http://www.shimon-lovaas.com.

Protect your car from rain attack

Tuesday, April 27th, 2010

Do you have a luxury car? If you have a luxury car, surely you will always protect and take care always such a luxury car. You would not willingly if your car is damaged slightly. The car that you are using right now would require more maintenance especially during the rainy season. The rainy season was very frustrating season for those of you who have personal vehicles, especially cars. For example, when you’ve washed your car, the time you use it, very heavy rain making the already clean your car gets dirty again.

There is also a problem that can damage your car when it rains. If your car is exposed to rain and you do not immediately clean up the rain water from your car, then most likely your car will be damaged rusted. Therefore, I will provide the best solutions for your car when it rains. I will offer you the wind deflectors. A tool used to protect your car from rain water that’s very easy to damage your car. I have used it, and the results are very satisfactory. I really liked the wind deflectors. I hope you can also use it to protect your car all the time when it was raining heavily.

Obtain death records and birth with an easier way

Tuesday, April 27th, 2010

Sometimes you need to record the death of someone when you do research on your family genealogy. Especially if you feel that the death of the person is not fair because when he died there were a lot of chemicals into the body. The police suspect that he drank the poison but the other allegations that he was poisoned by someone. You’ll want to know the record of his death from the death record. You can find death records by providing information about the identity of that person.

Or you want a record of the birth of his birth record. You look like a detective when doing research like this. You consider the two records, both death and birth records will complement the research data you’re currently doing. But, you should know that if you have to take care of death and birth records to the office which deals with this, and you are told to wait for several days. That would make you feel upset because you must immediately complete your research. Therefore, by utilizing the Internet then you will find the relevant data easily. In the world of internet there is a special site that will serve you to handle this case and in a short time you will get the information you want. That way you do not need to waste time waiting for a letter from a certain party.

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