Archive for the ‘Judges’ Category

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

Commercial Litigation in the Kingdom of Thailand

Friday, May 7th, 2010

Thailand, officially the Kingdom of Thailand, is not only a popular as well as serene tourist destination but also a booming commercial center comprising a flourishing dispute resolution market. In other words, Thailand is one of the prominent trading partners with investment in almost all international businesses.

Every business in turn cannot exist without contract. In case, if any of them goes wrong, it is vital to fix the problem as quickly and as easily as possible. Hence, it is evident that disputes form an integral part of Thai commercial life. Although, in most cases, disputes occurring as a result of commercial business activities are quickly resolved, there are certain instances during which commercial disputes are complex and require some kind of formal assistance in the form of lawsuit to resolve or negotiate Thai business disputes as well as contracts.

Mostly, such conciliatory methods as arbitration, negotiation, and adjudication are commonly used for dispute resolution. However, when disputes pertaining to business or commercial conducts become complex as well as chaotic, confrontational methods such as commercial litigation is adopted to resolve the business disputes.

Commercial litigation is the lawful way of resolving dispute that usually occurs between professionals and people involved in commercial relationships. Broadly speaking, Commercial litigation usually involve resolving disputes in a plethora of areas in connection with business arguments, such as, bankruptcy matters, debt collections, settlements, contract disputes, financial transactions, shareholder litigation, partnership disputes, allegations with regard to consumer fraud, disputes regarding insurance coverage claim, unfair competition, and real estate litigation.

However, commercial litigation in Thailand is foreign, and this is considered unwelcome as per Thai custom and culture. Discussed further in this article are regarding the features as well as procedures involved in commercial litigation in the Kingdom of Thailand.

The court system in Thailand is three tiers: the Supreme Court (also known as Dika), the Courts of First Instance, and the Appeal Court. Apart from these, Thai court system also consists of several specialist courts such as the Labour Court, the Bankruptcy Court, the Juvenile and Family Court, the Tax Court, and the Central Intellectual Property and International Trade Court, and above all, the Administrative court for considering and handling disputes as a result of administrative contracts. Further, there are two main institutions in Thailand for dealing with commercial arbitration, such as, the Thai Arbitration Institute (TAI) and the Thai Commercial Arbitration Committee of the Board of Trade.

Usually for civil or commercial litigation, first of all, a claim or complaint must be filed with the First Instance Court. As the next step, it must be ensured that lawyer chosen on the behalf of applicant has been appointed properly.

Usually, an applicant appoints his attorney using a power of attorney. It is also necessary that that the applicant should prove his legal status and the person who has been given the power of attorney are eligible to execute the functions duly. In case, the applicant is a foreign entity, he is required to furnish a multitude of documents to show proper authorization. In addition, all of the documents must be notarized by a notary public as well as legalized by the Thai embassy.

If the applicant fails to submit any of the required documents, it may sometimes prove fatal to the claim of the applicant. A foreign entity can be sued in a court in Thailand. But, in case, if the foreign entity does not have domicile in Thailand, the procedures are usually conducted via the diplomatic channel and mostly it may take a period ranging from six months to one year to receive it.

The language is another important feature pertaining to civil as well as commercial litigation in Thailand. Usually, all of the court proceedings are conducted in Thai, since it being the official language of Thailand. Hence, no exception in the case of commercial litigation proceeding. Apparently, all of the documents in connection with the legal proceedings must be translated into the Thai language.

Above all, the success of commercial litigation proceedings usually depends on the expertise of the lawyer. Hence, it is vital to make a thorough investigation with regard to the reputation as well as professionalism, before approaching or contracting them.

A host of law firms are now in Thailand, providing the services of expert lawyers for dealing commercial litigation. Many of these law firms render a continuum of services in connection with solving disputes in arenas such as banking, construction, insolvency, transport, commercial and corporate, and employment.

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.

A Truck Accident Lawyer Will Stand By Your Case

Friday, April 23rd, 2010

Trucking is the number one preferred choice for moving freight within the United States of America. The American Trucking Association reports that over nine billion tons of freight is hauled via major highways and interstates each year. Because of this increase in business for the trucking industry, it is reported that a tractor trailer accident occurs every 16 minutes. If you have had the misfortune of experiencing an accident that involves a tractor trailer, your next step would be to contact a truck accident lawyer.

You will want someone who will stand by you in these moments of grief and confusion. A good lawyer’s first priority is to be your piece of mind in your harrowing experience. They should be committed to helping you reassemble your life, after an accident of this magnitude can completely change it. An experienced truck accident lawyer will help you, by determining what kind of compensation may be rewarded to you due to injuries sustained from the accident.

Lawyers should devote all of their resources and expertise to ensure that an accurate report has been filed. They do this by obtaining the accident report and making sure that the report accurately reflects what happened in the accident. Your lawyer will also contact witnesses and speak directly with the officers at the scene of the accident. A good truck accident lawyer will look into every detail, big or small, that was a contributing factor to the accident.

Obtaining information from truck companies regarding the background and qualifications of the truck driver in question is something that a truck accident lawyer will look into. By law, trucking companies follow strict guidelines before allowing a driver to operate these potentially dangerous vehicles. A lawyer knows what these laws are and might be able pick up something in a history report. Knowing these things can sometimes be an advantage in an impending case against a truck company.

Filing an injury lawsuit is a serious action to take against a trucking company. They are usually a large company with a lot at stake, and will bring with them a highly skilled legal team. Prior to ever filing any injury lawsuit, the client needs to be sure of all the facts regarding to the case. They must also find a truck injury lawyer they feel is sufficient to go up against a legal team that specializes in these types of cases. The more confidence the victim has in the truck injury lawyer, the less emotional stress the claimant is likely to experience.

If you have been injured in an accident with a tractor trailer, big rig, 18-wheeler, or semi, a truck accident lawyer can provide help to you when you need it the most. Do not provide a statement to the trucking company or its insurance representatives until you have spoken with a lawyer first. Protect your right to recover compensation for your injuries, talk with an experienced lawyer that specializes in accidents that involve tractor trailers.

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

Mistakes Made When Writing A Will

Friday, March 26th, 2010

Will making can be a daunting process and is something that people only tend to do once in their lifetime which means they aren’t very familiar with the process. As a result of this mistakes can often happen which is why it is best to seek help from professionals who can assist you whenever needed.

Some of the most common mistakes that occur when will making are as follows. Some people are not aware of the formal requirements that are required in order to make the will legally valid. It is extremely important that this is investigated because if it is not valid there are likely to be problems when it comes to distributing your money and possessions. It may even be put into the hands of the State which means that any relative may be able to claim a stake in your fortune.

When will making, a lot of people forget to take into account all of the money and property that they have. This is easily done if you have an investment somewhere that you haven’t touched in years or something may have simply slipped your mind. Again, if you have property or money that hasn’t been mentioned in your will it could end up going to someone you didn’t want to have it.

When it comes to will making it is common for people to make changes and alterations to their will. This normally happens with people who make their will at a young age or get divorced. However, the amendments must be signed and witnessed otherwise they are invalid and the new changes will not be honoured.

There are rules relating to will making which means that if someone feels they haven’t been adequately provided for they can make a claim on the estate. As a result of this provisions in the will could be overturned and they may end up getting something. Things like this are not common knowledge which is why so many people seek the advice of professionals when it comes to will making.

Will making companies and solicitors know everything about wills and how to ensure that they are legally valid. It is strongly advisable to use one or even both to make sure that your will is saying what you want it to and that your money and possessions are going to go to the correct people. As well as this you can be assured that your will, money and possessions are going to be in safe hands.

Affinity will making is one of the leading firms of independent Will writers in the United Kingdom with over 100 years collective experience, specialising in Will drafting, Trusts, Estate Planning and Probate.

Automobile Accidents: Uninsured or Underinsured Drivers

Friday, March 5th, 2010

When a driver is in an automobile accident with another driver who has insurance with proper coverage, recovery for damages is generally straightforward. However, not every driver carries automobile insurance, which is in violation of state compulsory automobile insurance laws, or has the proper coverage. People do drive vehicles without insurance and are cause an increasing number of accidents each year. When an automobile accident involves an uninsured/underinsured motorist, recovery for damages becomes more difficult. An uninsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has not insured their vehicle. An underinsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has insured their vehicle but at limits that are insufficient to cover all of the damages sustained in the automobile accident.

If a driver is involved in an automobile accident with another driver who is uninsured or underinsured, the driver would be compensated by their insurance company if they had purchased uninsured/underinsured motorist coverage in their insurance policy. This covers property damage–such as car repairs, bodily injury–such as medical expenses, and other compensatory damages–such as pain and suffering. Uninsured motorist coverage also comes into play when injuries are sustained due to a hit-and-run automobile accident. Uninsured/underinsured motorist coverage can also be used if a person is hit by a vehicle as a pedestrian.

It is extremely risky to drive without insurance or without proper insurance, so always be sure that your insurance is up to date and covers all of your motor vehicles’ needs. If you are properly covered, then your insurance should cover the costs of an accident, should you be at fault. If the other driver is at fault, then their insurance should pay. However, in the case that the other driver does not have insurance or their insurance is not sufficient, it is wise to have an insurance plan that covers you even if you are hit by someone without insurance.

Although a driver can possibly sue a uninsured/underinsured motorist if their insurance does not include uninsured/underinsured motorist coverage, there is no guarantee that the uninsured/underinsured motorist will have the money or assets to pay the judgment. Therefore, including uninsured/underinsured motorist coverage in an insurance policy simply makes sense.

If you have been in an automobile accident and have suffered injuries, you may have a legal case. If you would like to contact a lawyer, please use the Find Attorney button at the top of the page.

LegalView.com is your source for everything legal. Visit http://legalview.com. Visitors to LegalView.com can get help to find a construction accident lawyer, a mesothelioma attorney, and more. You can also get help to find a car accident injury lawyer at http://crash.legalview.com.

Choosing the Right Lawyer for a Nursing Home Neglect Case

Wednesday, February 24th, 2010

Once a person determines that he or she has enough evidence of nursing home neglect or elder abuse to likely make a case for it with an elder abuse lawyer, he or she must then determine which nursing home abuse lawyer the case should go to. Virtually any competent nursing home negligence attorney would be a good choice and would also be willing to take the case.

However, many of these people have different skill sets as well as different aptitudes, educations, and experiences. They have all been through law school, and they have all passed the Bar examination in their state. Beyond that, however, there are many different paths that they could take. Some lawyers spend a lot more time doing research, some attend more continuing education than others, and some are simply more personable. All of these factors play into a decision when it comes to hiring a nursing home abuse lawyer.

For an elder abuse or nursing home neglect case, the experience of a particular lawyer with that subject is certainly important. Some lawyers specialize in those areas, and others include it as part of being an injury lawyer, which is a bit more general. There is nothing wrong with that, however, as long as the person hiring the attorney feels comfortable with him or her.

The personality of the attorney and the way a person feels around that nursing home abuse lawyer is probably one of the most important things to look at. A nursing home negligence attorney should be a professional, but he or she should also be someone that can be worked with. All of the experience and education in the world will not mean much to a client that finds a particular lawyer completely impossible to work with.

The experience and education that a person has should match well with personality and become an all-encompassing package that puts the potential client at ease.

Reassurance is an important issue for an elder abuse lawyer. This does not mean that an attorney should say that everything will be all right when it clearly will not be.

However, an attorney should be realistic about the chances of success and the compensation that one can expect while still being reassuring about what is being done on the case. This balance will help a person feel as comfortable as possible while going through the legal proceedings for an elder abuse or nursing home neglect case.

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, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Dispute Resolution
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  • July 2010
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