Archive for the ‘Constitutional Law’ Category

Good defense attorney

Thursday, May 20th, 2010

Law creates to find justice and the truth behind a crime. But today when crime is a common thing that happens in daily life, so many innocent people found guilty in criminal activities which they did not do. In order to protect the innocent people, good defense attorneys is needed. By hiring their service, innocent people can get their freedom and the defense attorney often found the true culprit behind the crime. Without good defend from a good attorney, ordinary people which know nothing about law will convict and declare guilty easily.

To find a good defense attorney like Dallas criminal defense attorney is not easy, Dallas as a city of justice have many defense attorneys which can be a good example to find a good criminal attorney. The most important aspect to find in a good defense attorney is justice. If the client are truly innocent, their attorney must do their best to released them from punishment. As an expert in dealing with law, good defense attorney should be able to get the evidence which support their client innocent. Without decisive evidence, it is hard to prove the convict is not guilty. Therefore, hiring good defense attorney is a must to find justice.

Texas Asbestos Law Designed to Make Settlements Fair

Saturday, May 15th, 2010

Mesothelioma lawsuits are among the most highly publicized personal injury and tort lawsuits filed in the country. For the past several years, many states and the federal government have been under pressure from the insurance companies for big businesses that exposed thousands of workers to asbestos to stem the tide of lawsuits against them. The federal government attempted year after year to forge a law that would preserve the rights of those who were injured by their exposure to asbestos while “protecting” the insurance companies and asbestos makers from bankruptcy. At the same time, a number of states were working on their own legislation to help control mesothelioma litigation that was choking their courts. In 2005, Texas became one of the first states in the nation to pass an asbestos litigation reform law. The asbestos reform law in Texas was designed to address several problems with mesothelioma lawsuits in the Texas courts.

Reduce number of mesothelioma lawsuits
Until 2005, the statute of limitations for filing a mesothelioma lawsuit pushed many victims of asbestos exposure into filing suit when they first learned of the exposure rather than risk losing their right to any compensation at all. The existing tort law imposed a statute of limitations that was never meant to apply to a disease that could take up to thirty years to manifest after exposure to its cause. Texas tort law started the clock ticking toward the statute at the time that a plaintiff first learned that they had been exposed to asbestos.

The problem with this method was that a person diagnosed with asbestosis, for example, has a far higher risk of developing mesothelioma, but there’s no clear cut way to tell if that will happen, nor is there a set timeline. Some people diagnosed with asbestosis don’t develop mesothelioma for decades, and some don’t develop it at all. If mesothelioma didn’t develop before the statute of limitations ran out, the exposed person was out of luck. Instead of giving up any right to compensation for astronomical medical expenses, many people chose to file suit for damages based on their exposure and heightened risk rather than wait and see if they developed the illness.

The 2005 tort reform addressed the issue in two ways:

- It changed the point where the clock for the statute of limitations for filing begins to run so that those who learn that they have been exposed but are not yet ill can preserve their right to file a mesothelioma lawsuit if they do become ill. This is a countermeasure to the requirement to show illness. By changing the statute of limitations, the legislature ensured that those who learn they’ve been exposed to asbestos don’t lose their right to file for compensation due to the disease’s slow progress.
- The law now requires that those who file a mesothelioma lawsuit show proof that they are suffering from an impairment caused by an asbestos related disease. This measure is expected to reduce the number of mesothelioma lawsuits by only allowing lawsuits filed by those who are actually ill.

While both of these measures reduce the court time and costs for dealing with mesothelioma suits and claims, they also make it more complex to file a mesothelioma suit in the Texas courts. As the law stands now, the plaintiff must show:

- That the exposed person has been diagnosed by a board-certified physician with mesothelioma or other related cancer OR
- That the exposed person has been diagnosed by a board-certified physician and has an actual physical impairment because of exposure to asbestos, and that impairment must meet certain medical requirements

If you or a loved one has been diagnosed with mesothelioma or another asbestos related cancer, the 2005 law directly affects how your case will be handled by the Texas courts. There are deadlines that must be met in filing your case, and in responding to answers and motions from the defendants. It’s more important than ever that you consult a top mesothelioma lawyer in Texas who understands the laws, and can ensure that all the procedures are followed to the letter.

The law firms that deal with Texas mesothelioma lawsuits on a regular basis can do more than argue your case in court. A top Texas mesothelioma lawyer can provide you with assistance in assembling the medical papers and proofs that you need, as well as researching your case to help pinpoint how, when and where you were exposed to asbestos. When you consult with an experienced law office, your lawyers will have access to years worth of research and contacts and experience in case law.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

When Maritime Law Turns to Maritime Lawyers

Saturday, May 1st, 2010

Under what circumstances does maritime law require excessive action on behalf of an injured individual? According to the Jones Act, maritime law requires adequate care for an injured party of maritime accidents. How can an insurance company deny the claim of a tug boat crew mate who nearly lost his leg during a capsize? Because it happened on the Chesapeake Bay rather than on the Pacific? Because he was the only one to sustain injury? Because the Captain was at fault?

These are valid questions for a man who spent nearly eight weeks enduring surgical procedures, mind altering pain killers, weeks of additional complications, and the loss of his personal affairs in the process. No award judgment won by his maritime injury lawyer would replace what he lost. No settlement negotiated by his maritime injury attorney could replace his love for his job, his physical loss, or the loss of enjoying his free time chasing his passions. Admiralty law doesn’t cover those losses despite the fact that these losses are as serious as the injury loss itself.

Maritime injury attorneys are an excellent resource for gaining the proper compensation for medical care, costs, and expenses. But the sad truth is that nothing can replace lost health. However, studies show that people who hire competent maritime injury attorneys actually recover faster than those who don’t. Physicians attribute this to the excessive stress experienced when fighting for a legal claim unassisted by counsel. The use of his leg may never return, but at least his family doesn’t have to chronically worry about paying the mortgage or purchasing ample food for the household. This is what the Jones Act is meant to protect.

There can never be provisions written into admiralty law that address all that can be lost during a maritime accident simply because you can’t place a monetary value on health and the ability to get on the floor and play with your children. These things can never be compensated for and shouldn’t be belittled by being written into admiralty law. Naturally, there are those who have experienced the painful process of permanent disability who will disagree with that concept and others who see the validity in it.

A number of cases dealing with injury at sea do eventually deal with the permanent disability resulting from the injury. This can be a very long process which can be complicated by physicians more concerned with an insurance company’s paycheck than the best interest of the patient. There are interpretations of admiralty law which do address these situations, but it takes a highly competent maritime injury lawyer to handle these special cases.

After all, there is so much at stake when taking such cases to court. Livelihoods are lost, families are financially destroyed, and futures become remarkably grim when the incompetence of the wrong maritime injury lawyer results in the loss of any financial security compounding the physical losses resulting from the accident. When facing permanent disability, there really should be absolutely no skimping on the quality of the maritime injury attorney for the case.

Admiralty law does not just apply to serious and debilitating accidents. All injuries received in the servitude of seagoing activities qualify for compensatory damages and medical benefits. In many cases, simple injuries at sea receive more resistance than significant injury. While a crushed finger is very painful, it is not considered to be a significant injury in the eyes of an insurance company, and many crushed fingers are essentially battled out as court cases, which in turn is more expensive for the insurance company.

Lawyer’s fees and court costs plus the award of medical expenses turn out to be twice as costly as simply paying for the medical costs in the first place. With medical advancements churning out new and improved technological advancements, crushed fingers can now be replaced with life like accuracy. These cases are now being fought vigorously by insurance companies. It was cheap to wrap a hand and finger cast around a crushed finger and to shell out a little physical therapy. Now, replacement fingers are running up their tabs, and they are fighting it.

Regardless, maritime injury lawyers bring these cases before the court and are winning, as the insurance company has an obligation to pay for medical treatment that will restore an injured worker to the closest possible condition as the worker was pre-injury. Maritime injury attorneys are fighting these battles every day to enforce that the conditions set forth in the Jones Act are met with unwavering consistency.

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

Company Registration In The Kingdom Of Thailand

Monday, April 26th, 2010

As in the case of most of the countries, Thailand primarily consists of three types of business organizations, such as, sole proprietorships, partnerships, and limited companies. Among which most popular type of Thai business unit is limited companies, which include private and public companies.

However, the most common form of business units in Thailand is private limited companies. In general, the limited companies in Thailand are similar to the Western Corporations. Discussed in detail in this article is regarding the procedures involved in the different types of companies in Thailand.

For the registration of a private limited company in Thailand, there must be at least a minimum of seven promoters. In the case of public limited companies, they must have a minimum of 100 shareholders, and no single entity must hold more than 10% of the stock, and 50% of the stock must be possessed by small shareholders.

A company incorporated in Thailand has option to apply in order to get their securities listed in the Securities Exchange, as either ‘Authorized’ or ‘Registered’, under the Securities Exchange of Thailand Act of 1975. Let it be a private limited company or a public limited company, in order to form a limited company, it includes several important steps.

First and foremost step in the process of the Thai company registration is the reservation of the desired company name with the DBD (Department of Business Development), Ministry of Commerce. On the approval of the name, the registration becomes valid for a period of up to 30 days.

However, prior to the registration of the company, it must be decided who will be the promoters and shareholders of the company. Registration processes also include organization of statutory meeting, during which such matters as official address, company objectives, and the amount of share capital to be registered, are discussed.

The next step is the filing of a Memorandum of Association (MOA), which must be inclusive of the objectives of the company, the company name that has been approved, company’s authorized capital, the desired location of the company, and the directors’ extent of liability. In addition, the Memorandum of Association must contain the name, nationality, occupation, age, and address of at least seven shareholders, of which at least one must be Thai. All of these shareholders must be natural persons, and they actually sign the original application form.

Further, it is necessary that all of them should at least subscribe to a minimum one share of the company each. As a next step, develop an attractive logo as well as a company stamp with the logo. With regard to the registered capital, it is important that there must be proper amount of money in your bank account. Also, update your bank account.

Another step with regard to the registration of the limited companies in Thailand is the submission of the Articles of Association, which contains company details pertaining to the types of shares, structure and distribution of shares, voting rights, dividend information, directors, auditors, quorum, and all other important characteristics and regulations that are related to the company.

Once the Article of Association is submitted, the company’s registration process is completed. Later, the Certificate of Registration, along with supporting documents, is issued to the company. On the receipt of the Certificate of Registration, obtain your company tax identity card and number from the Revenue Department. After this, approach the bank with company tax ID card and other relevant documents to open a bank account. Then, seek the assistance of an expert accountant for further company proceedings. Later, apply for VAT (Value Added Tax) with the Revenue Department.

Further, on registration of the company, it is important that company’s accounting procedures must comply with the Accounts Act, the Civil and Commercial code, and the Revenue Code. A balance sheet must also be prepared yearly and filed with the Department of Revenue and Commercial Registration.

However, the procedures involved in the process of company registration in the Kingdom of Thailand are quite a daunting experience because of its complicated laws, regulations, and language. Hence, it is recommended to seek the assistance of a specialist consultancy firm or an expert as well as licensed Thai lawyer for company registration purposes.

They help you carry out a range of activities with regard to the registration of company, including, selection of appropriate company name, financial consulting, legal consulting, drafting of company by-laws and business objectives, developing shareholder structure, coordinating Thai shareholders, preparation as well as filing of the Memorandum of Association, registering Corporate Tax and VAT, creating company logos and seals, and setting up of bank accounts.

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

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