No Picture
Sister In Law

Injured by Falling Tree – Can I Sue?

Property Owner’s Duty to Inspect
Under California law, property owners have a duty to inspect their trees to determine if they are healthy or hazardous, and remove branches or the tree itself if it poses a hazard. The legal test is whether the property owner knew or should have known that a tree posed a hazard. If the answer is yes, and the property owner fails to act, then the property owner is legally liable for injuries or damage that result from the falling tree or tree branch. Such damage can include physical injuries, lost wages, and property damage, e.g., damage to your car, house, etc.
Let’s say you notice that a tree on your property looks unhealthy. You call out an arborist, who tells you that the tree is diseased and in danger of falling in strong winds. If you do nothing about it, and the tree does fall and injure someone, then you will likely be on the hook for the person’s injuries.
Another scenario: let’s say a tree on your property is diseased, but looks fine. You have no reason to suspect that there is anything wrong with the tree. If a branch falls off the tree and injures someone, you will likely not be liable for the injuries.
Whether the property owner should have foreseen the potential for harm depends on the type of property involved. If the property involves a large and remote tract of heavily wooded land, then the owner could not reasonably be expected to maintain the trees on the property and to remove dead branches from them. However, if the property involves a residential lot, harm to others may be more foreseeable, which increases the owner’s duty to maintain the trees.
Some trees varieties are more likely to be hazardous because of their top-heavy growth and shallow roots. But even stable tree varieties can become hazardous due to improper pruning. Some pruning techniques can make a tree structurally unsound and more likely to fall:
• Topping a tree – cutting the top off, usually for increased light or view
• Lollipopping – cutting the lower branches and leaving a tuft of growth at the top
• Lion-tailing – trimming the inner branches to leave growth on the ends
An arborist’s inspection of the tree or branch right after the accident may help strengthen your case. The arborist can determine not only whether the tree was improperly pruned but also what condition it was in prior to the fall, which will help establish whether the property owner should have known the tree posed a danger.
If you or someone you care about has been injured by a falling tree, you should consult with a personal injury attorney to learn your rights.…

No Picture
Sister In Law

Accident Compensation Claim – Have You Been An Injured Passenger?

In a traffic accident it may not only be the car and driver that suffer damage or injury. Any passenger in the car at the time of the accident may have to file an accident compensation claim due to the injuries sustained. It is also fairly likely, due to their lack of role in driving the vehicle that they have no blame attached to them for the accident.
A large number of accidents occur each year in which, unfortunately people sustain injuries of varying degrees that can have a negative impact on their lives and sometimes their long term prospects of life as it was prior to the accident. You could be a passenger in a car, bus, taxi, train, plane or on a motorcycle and sustain injury due to the actions of others. Whatever the type of transport in which you are travelling when you sustain your injuries you are entitled to file an accident compensation claim.
You are more likely to be seriously injured if you are the front seat passenger of the vehicle involved – even in some cases by those passengers sitting behind you who are thrown forward by the impact. It may be that the driver of the vehicle in which you are travelling is also free from blame in the accident.
As a passenger being transported in a vehicle of any type and you are involved in an accident you have a right to be protected from harm by the person in charge of the vehicle, ie, the driver. There is a legal duty of care to protect the safety of passengers and if this is breeched in a way that causes injury, the injured party can file an accident compensation claim. This claim is usually against the insurance company of the driver or the person who caused the accident.
Any claim for injury compensation depends on the extent of the sustained injuries and the impact the injuries on your every day life. For example, in cases of extreme injuries it may be that the injured party may need long term care. Their previous life style may have been completely destroyed. With lesser injuries there may be short term problems, but given time a full recovery is made. Each case will be assessed based on individual circumstances.
If you have been involved in an accident as vehicle passenger and have sustained injury it is important that you receive immediate medical attention at the time and seek expert legal advice as soon as possible who will ensure your accident compensation claim is filed correctly to give your claim the best chance of success.…

No Picture
Sister In Law

Mesothelioma Legal Advice

Mesothelioma is a form of cancer that is caused by exposure to asbestos dust particles. Essentially, up until the 1980s, asbestos was used widely in numerous building industries and therefore thousands of people were in contact with this hazardous material.
Anyone who has been diagnosed with an asbestos induced disease, including mesothelioma, lung cancer and asbestosis, should seek the legal advice from experienced asbestos lawyer to obtain monetary compensation. Suffering from cancer is a complex situation. I am entitled to make this statement, as my wife was diagnosed with breast cancer in March of 2009, and I received my kidney cancer diagnosis only seven months later. It certainly doesn’t make any sense to compare the different cancer diseases to each other; however, the fact of the matter is that if a cancer can be directly linked to asbestos exposure, at least there is a fair chance of getting financial help through a compensation claim.
Especially mesothelioma cases are known for their good chances of success through litigation and have therefore provided many victims and their families with financial relief. The key is to find a reputable mesothelioma lawyer who can assist in fighting for your rights and getting the settlement or court verdict you not only deserve, but also need in order to cover your medical expenses for treatment after you have been diagnosed.
A lot of people think that mesothelioma litigations are usually cut and dry cases. Unfortunately, this is not true. As a matter of fact, they can be extremely complex and there is a whole spectrum of aspects that needs to be taken into account in order to navigate successfully through the litigation process.
It is of paramount importance to consult with a mesothelioma lawyer or law firm as early as possible, preferably right after you received your diagnosis. This will ensure that the process is getting kicked off early on and therefore help you in obtaining your compensation as soon as possible. Mesothelioma is usually seen as an occupational disease, because the associated injuries are typically the result of another party’s negligence; in most of the cases this would be a former employer. Furthermore, mesothelioma comes in different forms based on the characteristics and severity of the condition. The by far worst kind is the so called malignant mesothelioma which continues to claim victims in the thousands year after year.
An experienced asbestos lawyer understands the complexity of mesothelioma, which is imperative of building a case that is tailored to the individual situation of a patient.
Again, don’t let too much time pass and ask for free consultation with a mesothelioma legal advice specialist as soon as possible.…

No Picture
Sister In Law

Hiring An Immigration Solicitor – Questions To Ask Before Deciding Who To Hire

If you are planning to move and you need the help of an immigration solicitor to do so, then there are certain questions you should ask your solicitor before agreeing to hire them. Firstly, it’s important to know what experience they’ve had in the area before as this will tell you whether or not you think they’ll be able to handle your case. Also ask them for referrals from previous clients so you can receive references from people who have used their services before.
Some immigration cases can be long and complicated and decisions can take months or even years to come through. For this reason, you shouldn’t expect to hear updates from your solicitor every week but it’s still important that you know how to get in touch with them if you need to, so ask them about contact procedures. Also make sure you have a firm understanding of their procedures for contacting you so you can be certain they’ll keep you up to date with case developments.
Before hiring an immigration solicitor, when you have your initial consultation with them you should ask them for their opinion on your case. This is because it might be a good idea to look elsewhere for legal advice – or at least get a second opinion – if they think your case would be rejected. Getting a couple of opinions will not only give you an idea as to your likelihood of success but also the competence of the solicitor you have chosen.
While your solicitor may not be able to tell you up front how much your case will cost – as it will obviously largely depend on how complicated it is and how long it takes – you should still ask for a rough cost so you can work out if you can afford their services. Solicitors should be able to give you a break down of their charges and how they determine different costs. You could also consider getting a second opinion to compare the costs available at different firms.
Lastly, it’s important to ask your chosen solicitor how long they anticipate your case taking. It’s also a good idea to get some other opinions from a range of solicitors here so you can work out the likely length of your case and be certain your solicitor as your best interests in mind and not just their bottom line. Also, as some complicated immigration cases can drag on for years, it can be useful to know in advance just how long a wait you are likely to be in for.…

No Picture
Sister In Law

Despite Estate Tax

The gift tax is imposed each calendar year on the transfer of property by gift made during that calendar year. There are exclusions from gift tax in the amount equal to $12k per person per calendar year. The marital deduction excludes an unlimited amount to your spouse. Any outright gift or transfer to a spouse qualifies for the marital deduction. The property will be included in the spouse’s taxable estate and will be subject to tax when the spouse dies. Gifts made to qualified charities are also deductible. Payments of tuition and medical expenses are excluded as long as they are paid directly to the institution.
When valuing intellectual property for estate tax purposes, the taxable amount is generally accepted to be the fair market value of the intellectual property on the date of the creator’s death. For example, the fair market value of copyrights will generally be considered their income producing potential, discounted for net present value. A common method for determining a copyright’s fair market value is to determine the likely annual earnings for the intellectual property for a future period, often between 5 and 7 years. A multiple, often between 3 and 7 is then applied to that number for the current valuation. Much of the valuation analysis is largely subjective, so determining the accepted method with the lowest valuation is usually the best choice, at least in terms of estate tax purposes.
As of January 1, 2009, you can pass upon your death $3,500,000.00 to anyone without having any Federal Estate Tax imposed. This exclusion amount is an increase of $1.5 Million Dollars over the $2 Million Dollar exclusion available in 2008. Thus, it is now possible for a married couple to pass a total of $7 Million Dollars to their children without triggering the Federal Estate Tax. That is the good news.
Opinions on the estate tax range wildly. The major criticism that is often heard is that it is unfair to tax people twice for the money they have earned. When a person is paid, they are forced to pay an income tax on that money. However, for the wealthy, they are essentially taxed again on this money that they have accrued during their lifetime. Another issue with this tax is that some people see it as a punishment for dying. When someone dies, now the government will swoop in and swipe away their money.
A new ‘portability tax exemption’ applies to the estate tax. This simply means that the unused exemption of the first spouse to die can be added to the exemption of the second spouse to die. So if the first-to-die spouse uses only $2 million of his $5 million exemption, his wife can add his remaining $3 million exemption to her $5 million exemption when she dies for an $8 million exemption.
Unfortunately, it is probably too late in the year for the Senate to take any further action on the estate tax. However, Democratic leaders have made the issue a “top priority,” and promise to work on a solution in the beginning of 2010. There is even talk that they may attempt to make the tax retroactive, meaning anyone who inherits a large sum of property or assets could be vulnerable to the estate tax.
There are many forms of estate taxes, but the most common forms of estate taxes are taxes that deal duck the property that you have inherited or that has been given to you. This is something that varies from different states to different states, and also within the states. Also, you obtain to look at the type of property, what humanitarian of condition it is in, besides also where it is to determine what types of estate taxes you are alacrity to have to be paying on it.
If Democrats, who still have their big pre-election congressional majorities, had the power to get what they wanted, the law would already have been passed. But they did not have the votes to keep the estate tax from expiring a year ago, and it does not look like they have the votes to bring it back right now. It looks like the Republicans can hold their ground and win this fight.
Recently the Wall Street Journal did opinion piece on the amount of times that a dollar really gets taxed. This information opened Pandora’s Box with regards to real estate investing, and the level of taxation that is placed upon a real estate investor’s dollar.…

No Picture
Sister In Law

Are You Seeking The Services Of A Lawyer? Check Out These Helpful Tips!

Dealing with lawyers is a little bit worrisome for people that haven’t had to do so before. It is much easier once you learn what to look for, however. You just need to fit the lawyer to your needs. Keep reading if you want to know why having a great attorney is important.

You might feel like choosing the first lawyer you visit. Instead, research several attorneys to find the one best suited for your case. Ask around, and find out everything you can about lawyers that you’re interested in.

If there is a lawyer that’s looking for you to hire them and you didn’t ask them to, stay away from them. These guys are usually scammers and will take you for a ride, making your issue worse than it already is. Hire someone you find on your own.

Decide what specific legal services you need ahead of time. The first thing to consider is whether you really need a lawyer or not. Divorces, criminal charges or being part of a lawsuit mean you do. No matter your reason, you need a competent lawyer.

Although a lawyer specializing in a particular area of the law may cost more upfront, they generally save you money in the end. A lawyer who just handles general legal matters may have to spend more hours learning about the legal implications of your case. A specialist will spend less time and, perhaps, be cheaper.

Talk to your inner circle before you do the research on your own. By speaking with friends, neighbors and family, you may be able to get a great suggestion on a lawyer that successfully dealt with a case of theirs. This can really save you a lot of stress and money down the road.

Ask the lawyer any questions you have. A reliable lawyer will have no problem giving you any information you need and will update you whenever you ask. If your lawyer is not doing a good job of explaining what he or she is working on, you should consider hiring someone else.

Don’t sign up to work with a lawyer when you don’t feel very comfortable with them. This also goes for their fee structure. Stay away from signing over blank checks to lawyers, especially ones you do not know well. Prior to hiring them, ask them for estimate so fees do not get too steep.

Always make notes of sessions with your attorney. Jot down what you spoke about, what the date and time was and whatever you discussed about payments or bills. This can help you deal with any problems which might come up later, like unexpectedly large bills or fees you don’t understand.

Needing a lawyer’s service is not a position anyone wants to find themselves in. While it is not a desireable situation, you must approach your search with diligence and energy so that you can find the lawyer that will give you the best possible results. The tips included here should be of great help to you.…