family – Page 16 – Laws Regulations

Can family members bring suit on behalf of asbestos victims? How are the damages calculated?

Asbestos Family Lawsuit Injury Law

Can family members bring suit on behalf of asbestos victims? How are the damages calculated?

In most states, families can bring a wrongful death action based on a loved one who has died from asbestos exposure, as long as the lawsuit is filed within the period of time allowed by law.

You will, however, receive damages for different things than if the lawsuit had been filed by your loved one. Your damages will be based on loss of companionship, the mental anguish you have suffered as a result of the death, future loss of financial contributions, funeral and related expenses, medical expenses, the pain and suffering your loved one had before death, and, rarely, punitive damages or loss of inheritance. For example, the actual medical, funeral, and burial expenses will be reimbursed to you. A spouse may receive damages for loss of consortium – essentially, the loss of the marital relationship – which may be based in part on how much longer, statistically, the marriage would have lasted given the ages of the parties. A spouse may also receive damages for loss of economic opportunity, or the loss of the income that the deceased would have brought into the family until retirement. This can, in some states, also become an item of damages for children, particularly young children, called loss of inheritance. Mental anguish and suffering by the spouse and family members as well as pain and suffering of the deceased that was witnessed by the spouse and family members will also have a dollar figure assigned. While these are very subjective damages, and difficult to put a dollar amount on, insurance adjusters and the courts are very experienced in figuring out what dollar amount does apply to these types of damages.

See our section on pain and suffering damages for more information. For more specific legal information about your particular case, contact a lawyer or a law firm who specializes in asbestos lawsuits.

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I can no longer manage the stairs in my house. Can I receive money to help me remodel or move?

Asbestos Home Improvement Injury Law

I can no longer manage the stairs in my house. Can I receive money to help me remodel or move?

If you are unable to use your residence without substantial modification, you may be able to receive money to help you either remodel your existing residence or move to a new, more suitable residence. However, most asbestos litigation takes a fair amount of time. If you need to make the changes to your house now or if you need to move now, you will probably be reimbursed for your expenses later. However, remember that it may be years before you see those damages and that getting any damages is not guaranteed – do not invest significantly more money than you can afford into modifications or moving, thinking that you will receive reimbursement quickly.

Furthermore, the amount you receive may be reduced somewhat if the modifications or move benefit other family members as well. For example: if you spend $10,000 to install a lift on your stairs so you can get upstairs and you are the only one that uses the lift, you may be able to recover the entire $10,000. However, if you spend $100,000 for an addition to your house on the first floor to add a bedroom and bathroom so you don’t have to go upstairs, and your spouse also uses the bedroom and bathroom, you may only be able to recover for the part that has benefited you – probably no less than $50,000 and possibly more than that.

The parties who are found to be liable for your asbestos related illness would be the parties who would also pay for these damages; in other words, your asbestos attorney would include costs of remodeling or moving in any settlement offer or in any request to the court for damages. These damages, however, should be fairly easy to claim as they are compensatory – they compensate you for an exact amount of money that you had to spend.

Your damages will be much more difficult to prove if, for example, you want to be compensated for the emotional distress of having to move from your home of 35 years. Though subjective factors, such as emotional distress, are important considerations in evaluating a claim, putting a dollar and cents amount is a difficult task because there is no objective measurement. The most effective way to demonstrate a subjective factor, such as emotional distress, is to visit a doctor and report your complaint. The doctor’s medical report will add value to your claim.

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Performmarriageceremony – Who can perform a marriage ceremony?

Who can perform a marriage ceremony?

Usually the state laws provide any recognized member of the clergy (such as a Priest, Minister, Rabbi, Imam, Cantor, Ethical Culture Leader, etc.), or a judge, a court clerk, and justices of the peace have authority to perform a marriage. However in some states even the clergy must be first certified or licensed.

Some states have laws that permit other persons to apply for authority to perform marriage ceremonies. For example, California law permits anyone to apply for permission to become a Deputy Commissioner of Marriages — the grant of authority is valid for one day — and thus officiate at the wedding of family or friends on that one day.

Prempro Litigation: Thousands of Lawsuits Already Filed

Prempro Litigation Thousands Of Lawsuits Filed Drug Toxic Chemicals

Free Case Evaluation From An Experienced Drug Liability Attorney.

Prempro Litigation: Thousands of Lawsuits Already Filed

Thousands of lawsuits have already been filed over Prempro use, according to Bryan Aylstock, a Florida attorney whose firm protects the rights of consumers who are seriously injured due to defective drugs such as Prempro. In a recent interview, Aylstock explained what the drugs manufacturer is claiming as a defense and how lawyers prove these cases.View All Prempro Articles

Prempro litigation and preemption
Prempro is a hormone replacement therapy marketed by Wyeth Pharmaceuticals. It is a combination therapy of the estrogen and progesterone replacement drugs that has been linked to increased rates of breast cancer. Wyeth claims that victims of Prempro use are preempted from bringing lawsuits against the company because the Food and Drug Administration (FDA) had to approve the drug. However, Aylstock says that preemption may not be the proper term. He explained:
I think that preemption is probably a confusing word. I think the word that more accurately describes what the drug companies are trying to achieve is immunization. They would like to be completely immunized from any liability regarding their drugs, regardless of whether they lied to the FDA, regardless of whether they made misrepresentations to doctors and what they knew and when they knew it.
As most people know by now, the FDA is an under-funded and under-staffed organization that usually gets all of its information directly from the drug companies. If the FDA approves a drug, drug manufacturers want to be immunized from any liability no matter what the facts are and no matter whom they hurt in the process. The Supreme Court of the United States has recently taken up a case involving Wyeth and another drug that Wyeth makes and will determine if the FDA approval of that drug preempts any state court causes of action.
While Wyeth may claim preemption as a defense, that defense isn’t always recognized, according to Aylstock, who said, “Thus far, only a handful of these have been tried. However, now that internal documents [such as the Women’s Health Initiative study] have become public, we’ve been able to show juries the evidence – which has resulted in multi-million dollar verdicts. In fact, the last trial resulted in an award of over $100 million.”
Using experts to prove cases
Along with the internal documents that have surfaced to help attorneys prove clients’ cases, Aylstock also uses a variety of experts. He explained, “We use epidemiologists who can speak to the studies and the strength of the studies and demonstrate the causal link between the hormone replacement therapy and cancer, to oncologists who can speak about the cancer itself.”
“We also use pathologists who can speak about the tissue and diagnosis of a hormone-receptive breast cancer and determine what happened in that individual when the hormone replacement was discontinued. They can tell us whether the rate of cancer growth slowed. If it did, that’s a pretty good indication that it was the drugs that were causing the growth of the cancer itself. We also use economists and family doctors who can speak to the effect that the cancer has had not only on the individual, but on the family as well.”
If you or a loved one has been injured due to the use of Prempro, contact an attorney to discuss your situation. The consultation is free, without obligation and strictly confidential. To contact a qualified attorney whose practice focuses in this area of the law, please click here.
Suffered harm from Prempro? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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I am a farmer with high debt. Are there other bankruptcy relief options to solve my debt problems?

farmer problems bankruptcy-law

I am a farmer with high debt. Are there other bankruptcy relief options to solve my debt problems?

Chapter 12 is designed for “family farmers” or “family fishermen” with “regular annual income.” It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts. The purpose of the “regular annual income” requirement is to ensure that the debtor’s annual income is sufficiently stable and regular to permit the debtor to make payments under a Chapter 12 plan. But Chapter 12 makes allowance for situations in which family farmers or fishermen have income that is seasonal in nature.
Relief under Chapter 12 is voluntary, and only the debtor may file a petition under the chapter.
In tailoring bankruptcy law to meet the economic realities of family farming and the family fisherman, Chapter 12 eliminates many of the barriers such debtors would face if seeking to reorganize under either Chapter 11 or 13 of the Bankruptcy Code. For example, Chapter 12 is more streamlined, less complicated, and less expensive than Chapter 11, which is better suited to large corporate reorganizations. In addition, few family farmers or fishermen find Chapter 13 to be advantageous because it is designed for wage earners who have smaller debts than those facing family farmers.
(Reviewed 11.9.08)

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My child’s wish is to stay with me because we ‘do’ things in contrast staying with the mom who lets our child do anything she wants. Won’t the judge take that into consideration in determining custody?

Child Custody Court Child Custody

My child’s wish is to stay with me because we ‘do’ things in contrast staying with the mom who lets our child do anything she wants. Won’t the judge take that into consideration in determining custody?

The older a child becomes, the more inclined the court is to order what the child chooses, in conjunction with the “best interests of the child.” The best interests of the child is the key in custody battles. A judge is very, very cognizant of the fact that a child will “gravitate” toward wanting to live with a parent who is very permissive; “Even though Mommy won’t allow you Johnny, you can watch T.V. here in my house until 11:00 p.m.” Or, when a parent is all fun and games: “Gee, Mom. It’s so boring here. When I go to Dad’s house, we always go to the park or to the Carnivals.” Judges are very aware that it is the custodial parent who must act as the “Bad Guy” and kids don’t like it. A judge will usually question a child about such matters, and may even seek the advice of an unbiased social worker who has met the family members before deciding what he or she think is in “the best interests” of the child.

I was injured. What law governs my ability to recover damages?

Recover Damages Law Injury Law

I was injured. What law governs my ability to recover damages?

There is a large body of law that governs your right to recover for personal injuries you sustained.

First, some basic questions:

What caused the injury?

If it was an auto accident, you’ll want to visit our section on Auto Accidents.

Was it a swimming or boating accident?

A bus, train or plane accident?

A “slip and fall”?

A defective or dangerous product?

Malpractice by a doctor, dentist, lawyer, accountant or other professional?

Somebody defamed you, with a slander or libel?

Was the injury caused by someone’s intentional act? That may give rise to punitive damages.

Where did the accident occur?

The law of that state will generally govern your rights to recover.

If the accident occurred “at work” or “in the course of your employment”, then Worker’s Compensation Laws may govern.

When did the injury occur?

There are requirements for giving timely notice of your claim and/or “statutes of limitation” that require you to file suit within a certain time limit. These limits vary greatly state by state and by type of matter. If you don’t give timely notice you forever lose your ability to obtain recovery.

NEVER JUST LOOK AT THE STATUTE OF LIMITATIONS AND CONCLUDE “THE TIME HAS EXPIRED, IT’S TOO LATE”. There are many things that sometimes extend or “toll” the time limits, including a party’s lack of knowledge of the facts and circumstances, lack of manifestation of the injury, false statements or fraud, or mental incapacity or infancy.

One injury may sometimes give rise to several different rights or theories of recovery, so even if you can not recover on Grounds A you still may be able to recover on Grounds B.

Who was injured?

You — as well as your spouse — may be entitled to recover for an injury to just one of you.

The family or estate of a deceased may be entitled to recover for the person’s wrongful death.

What was the extent of the injury?

The amount of recovery you can obtain often depends on the nature of the injury, its duration (permanent or short term), your out of pocket costs (such as medical expenses, your loss of salary or wages, damage to property), the residual impacts (such as an inability to engage in sports, etc.), the pain and suffering you incurred, and the skill and experience of your lawyer.

Who was responsible for the injury?

The person you think may be responsible may be just one of many responsible. For example, if you were injured by a car that went out of control, not only the driver of the car may be responsible, but the car’s owner, the driver’s employer, the manufacturer of the car and the brakes that failed and the repair shop that didn’t adjust them properly.

Even if you think you were fully or partially responsible, you may still be able to recover — in full or in part. People often blame themselves or feel guilty when the injury was not the result of anything they did wrong.

WARNING: IF A STATE OR COUNTY OR MUNICIPALITY MAY BE LIABLE (such as when a transportation facility operated by governmental unit is responsible for the injury) THERE OFTEN ARE VERY SHORT TIME LIMITS TO GIVE NOTICE OF A CLAIM.

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My husband and I were godparents at the baptism of our best friend’s child. The couple were both killed in a plane crash. The grandparents are filing for custody. Do we have any rights as godparents in this matter?

Godparents Rights Child Custody

My husband and I were godparents at the baptism of our best friend’s child. The couple were both killed in a plane crash. The grandparents are filing for custody. Do we have any rights as godparents in this matter?

In Virgina anyone with a legitimate interest in the children have the right to participate in the question of custody and visitation. However, the natural family including grandparents has priority.

How To Get Out Of Debt

how-to-get-out-of-debt bankruptcy-law

How To Get Out Of Debt

Once you accept the fact that you are in debt and come up with a detailed budget–or spending plan–you are ready to start getting out of debt.
As an essential first step, most financial advisors will tell you to stop adding to your debt. That means putting away the credit cards to avoid the tempting buy now, pay later option. The average American family has a dozen or more credit and store cards. Take them out of your wallet or purse and put them out of reach, out of temptation. Better yet, cut them up. Then pay cash. If you can’t afford it, don’t do it.
But, with an exception. You should keep one credit card handy-preferably the one with the lowest interest rate and lowest amount due-for the occasional emergency, like an unexpected medical or repair bill, but use it for nothing else.
Your next moves depend on the size of your debt (which you have now itemized!) and you can do a number of things yourself. For instance, you can contact your creditors, in person if possible, about renegotiating the terms of your debt. They may be willing to do this if some changes allow you to continue paying something on a regular basis. Speak only with a supervisor, a credit manager, or someone with authority, not just the person who happens to take your call. Ask about your options, whether there is a way you can pay less or stop paying interest, at least temporarily, whether you qualify for a lower interest rate, or whether you can work out a schedule that reduces payments to a level you can manage.
Some creditors, especially those with unsecured loans like credit cards, may agree to this approach if they believe you are acting in good faith, so it is worth a try. Be sure to keep a written record of your conversation, including the name and title of the person you speak with, the date and time, and a detailed summary of your agreement. Then send a copy, by certified mail with a return receipt, to the person you spoke with-and be sure to keep a copy for your records.
If you are not confident about your ability to negotiate, or simply have too many different creditors, you may want to try a debt management program. With these programs, a counselor-who should be certified and trained-will contact your unsecured creditors and negotiate to lower interest rates and waive fees. Once a debt management plan has been finalized, you make a monthly payment to the program, which will use those funds to pay your creditors, as agreed.
Before you sign any agreement for debt management, check to be sure you are dealing with a reliable firm. Insist on a regular statement that documents the amounts and dates of payments made to your creditors-if they are not made on time or payments are missed, you are responsible–and be sure exactly how much this service is costing you.
Up to this point, you are dealing with unsecured debt where no assets are at stake to guarantee payment. That changes with debt consolidation, which usually involves taking out a new loan to repay all the other debts. Refinancing a home or car, borrowing against a retirement account or insurance policy are typical ways to raise the money to pay off debts with a single payment. The lure is the convenience, the downside that the new loan-which should have a lower interest rate than the existing loans-must be paid on time, or the asset used to secure the loan may be forfeit.
A final possibility is bankruptcy, but most financial advisors consider that an option that should only be used as a last resort.

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I married an army colonel after my divorce. He recently was re-assigned to another out-of-state base. Could my ex-husband stop us from taking the children to the new location?

Military Child Custody Child Custody

I married an army colonel after my divorce. He recently was re-assigned to another out-of-state base. Could my ex-husband stop us from taking the children to the new location?

It is possible that he could. Because you have custody it does not mean you have unlimited choice in moving away with the children. The court will revisit the matter based upon the best interests of the children. It is also a possible ground for a change of custody. The whole spectrum of the children’s family situation, including extended family, schooling, etc can be looked at.