Why Contested Divorce is Secretly Better than Uncontested Divorce

Posted by on Jun 10, 2017 in Family

Uncontested divorce has its obvious advantages over contested divorce. First, uncontested divorce has no issues when it comes to agreements, so the process is much faster. Second, the less argumentative process reduces the hard feelings between the spouses. Third, the children are also less active and involved in the divorce process, so they are generally unaffected.

For these reasons, a lot of couples settle for uncontested divorce. But do you know that, in its own ways, contested divorce is actually better?

A contested divorce occurs when the spouses involved have disagreements in the terms of the separation. According to the website of Marshall & Taylor, P.C., the most common issues include child support, custody, and visitation, spousal support, and division of assets and debts.

When you look at it plainly, a contested divorce is disadvantageous because of its argumentative nature. There will be more emotion involved. The process will be a lot longer, because you and your partner will have to come up with a compromise, and therefore the legal expenses are also higher compared to an uncontested divorce. But when you look at it deeply, it is secretly better than uncontested divorce.

You get to speak

The adversarial nature of contested divorce can be considered as an advantage. First, it means that you disagree with a legal aspect because something is wrong. Second, it means that you step up to tell the court that something is wrong and needs to be corrected.

In a contested divorce, you will have the platform to speak up, and you cannot say the same thing for uncontested divorce.

You avoid bias

In whatever kind of divorce, the spouses involved will always have his or her own interests in mind. That’s where contested divorce comes in, when you think that your ex-partner has too much or you have too little.

In a contested divorce, you are speaking up to make a compromise, to come up with legal decisions that put the interest of both you and your ex-partner into consideration. Sometimes, you cannot say the same for uncontested divorce, where a spouse may give in to bias just to get the process over with.

You get what you deserve

Getting what you rightfully deserve is important, because certain aspects of a divorce may have significant impacts in your life, especially in terms of finance and relationship with your children.

Because you speak up and avoid bias, it is likely that you will get what you deserve in a contested divorce. A relatively passive process like an uncontested divorce may have biases and the ability to block your voice, putting you in a position where you might not get what is truly yours.

Learn More

Explosion Accidents

Posted by on Mar 10, 2017 in Explosion Accidents

When gas expands abruptly and violently, an explosion is most likely to follow. Though explosion accidents do not occur often, these, nonetheless pose many serious threats, such as heavy and extensive damage to properties, severe injuries, trauma, and death. The ones who get severely injured are usually those closest to the site of a blast, those who are farther away, however, may also sustain serious or fatal injuries that hurling pieces of shattered glass or objects can cause.

Explosions create balls of flame, scorching heat, an ear-piercing loud noise, thick, black smoke that can easily suffocate a person and, shock waves with such power to knock down doors and walls, as well as smash glass doors and glass windows. These can also fling injurious items to various directions which can injure and knock people down.

Some of the most common causes of explosions are bombs, leaking gas pipelines, gas or oil tankers, propane gas, gas stoves, natural gas used in boilers and furnaces, and agricultural fertilizers, which contain ammonium nitrate, a highly explosive substance. Explosions that occur in enclosed spaces, such as inside a building or a mine, are always more intense and dangerous.

Besides severe injuries and trauma or shock, non-fatal explosion injuries can include cuts or lacerations, severe burns, broken bones, fractures, lung injury, loss of limb, traumatic brain injury (TBI) and death.

The most common causes of explosions include bombs, leaking gas pipelines, gas or oil tankers, propane gas, gas stoves, natural gas used in boilers and furnaces, propane gas, and agricultural fertilizers which contain ammonium nitrate, a highly explosive substance. Unless an explosion in open space is totally massive, one that occurs in an enclosed space, like inside a building or a mine, will remain more intense and more dangerous.

While explosions occurring inside houses and offices, where natural gas is commonly used, can destroy said structures, those that can cause huge damage to properties and loss of many lives is that which occurs in industrial factories or plants, oil rigs, or manufacturing facilities.

The May 1988 explosion of the Pepcon rocket fuel (ammonium percolate) plant in Henderson, Nevada, is one example of a very destructive explosion; it is also one of the worst explosion accidents in the U.S. The explosion of this manufacturing facility, where rocket fuel for the U.S. space shuttle program was made, killed two people and injured more than 300 others; it was also felt as far as 600 miles away and left the $100 million plant totally destroyed.

Investigators believed that the explosion was caused by welders, who accidentally ignited drums of ammonium percolate, while making new storage containers. The problem was that the place was stacked with sealed drums of ammonium percolate.

Chemical or manufacturing plant explosions are accidental; however, an innocent victim, who is left with severe or disabling injuries cannot and should never be left to suffer the consequences of an accident that is a result to someone else’s carelessness or negligence. A lawsuit filed against a person liable for an accident is civil in nature and, under the law, a civil lawsuit that is decided in favor of an innocent victim will allow such victim to seek and receive compensation from the person and/or company at fault.

It is mentioned in the website of the law firm Williams Kherkher, “If you or someone you love has been seriously injured, or someone close to you has been killed by an explosion, you, no doubt, are fighting through an extremely difficult time for several reasons. Perhaps the last thing you want to think about is the prospect of taking on a corporate giant in court, but before you shy away from that possibility, you owe it to yourself to contact an explosion attorney, who may be able to help you plan out the best course of legal action to take, to hold the responsible party liable for their negligent or reckless act.

Learn More

Embezzlement, a White-Collar Methodical Crime

Posted by on Feb 5, 2017 in Fraud

Embezzlement is a form of white-collar crime. It is committed when a person misappropriates the assets entrusted to him/her. Despite the amounts of money that have been or continue to be embezzled, which often reach millions or billions of dollars, it is shocking to know that this crime often gets discovered only when a relatively large portion of the funds is needed at one time or if a complete and independent accounting of all real and liquid assets is suddenly required.

Some of the biggest embezzlement cases in the U.S. include:

  • The embezzlement of billions of dollars of investor money;
  • Embezzlement of employee retirement funds and billions of dollars in accounting fraud;
  • Fraud, embezzlement and ponzi scheme totaling to $8 billion; and,
  • Embezzlement of $20 million of investor dollars.

Embezzlement is usually a deliberate crime that is methodically performed. By repeatedly embezzling only a small fraction or proportion of the total resources or funds and falsifying records in order to minimize risk of the detection, an embezzler can continue committing this crime for years or even decades without being detected. Some past embezzlement schemes are deemed very successful as these went on for many years before detection. This is due to the embezzler’s skill in concealing the nature of the transactions or in gaining the trust and confidence of investors or clients.

Laws on embezzlement may be federal or state-based. On the federal level, embezzlement laws target those who steal from the government. On the state level, laws go after public officials working for state and local governments, as well as people who do not work for the government.

Under federal statute 18 USC 3282, an embezzlement case may only be pursued within five years of the commission of the offense. Those convicted will be punished based on a point system. Base Offense Level, which is six, is the point assigned to those who have embezzled $5000 or less; the highest offense level is 36, which can be assigned to those who cause losses above $400 million.

According to the law firm Truslow & Truslow, no matter the offense, criminal charges at any level should be taken seriously. If charged with a crime or if you are under investigation for a crime, then contacting a criminal defense attorneys immediately may help safeguard your livelihood, property, and freedom, as well as save you from jail.

Learn More

Explosion Accidents: Causes of Severe Injuries and Fatalities

Posted by on Oct 14, 2016 in Personal Injuries

Natural gas is highly combustible and, therefore, extremely hazardous. Without it, however, furnaces, boilers, gas stoves, ovens, clothes dryers, air conditioning systems, and a lot of other things will not be able to function. This is why about 657 billion cubic meters or 657,000 liters of natural gas is used in homes and offices (all throughout the U.S.) annually.

The U.S. Pipeline and Hazardous Materials Safety Administration, a branch of the Department of Transportation, says that pipes used to distribute natural gas extend more than two million miles through cities. These pipes connect natural gas distribution sites to consumer sites. In order to help ensure total safety and avoidance of accidents, such as leaks, which can very well lead to an explosion, distribution companies implement safety programs, such as:

  • One Call System, which refers to the “call-before-you-dig” 811 telephone number. Contractors, excavators and customers should know this number, which needs to be contacted before any digging (for pipeline installation), is made. This is to make sure that no facility or other pipeline is damaged in the digging process;
  • Emergency Preparedness, which is a way that will help make sure that distribution companies and local utilities are prepared for any possible natural disaster. These distribution outlets are necessitated to participate in local emergency preparedness and community programs;
  • Technicians on Call, a program which makes sure that, in the event of problems, like leaks, a group of well trained technicians can be relied on 24/7;
  • Safety Education Programs, which are aimed at making sure that customers are informed through seminars held in community centers, schools and other associations about natural gas safety procedures; they are also told what measures to take during emergencies; and,
  • Leak Detection Equipment, which include the latest leak detection tools and equipment that will enable distribution companies to detect and immediately locate leaks in the distribution network. Natural gas odorants are also used to make leak detection easier and faster.

Unmaintained pipes and unchecked leaks can result to explosion accidents, the effects of which can be severe, even deadly. It is not hard for the law firm Habush Habush & Rottier S.C. ® to identify the great and serious threats posed by an explosion accident due to its first hand knowledge of the severity of injuries suffered by those who have been victims of it. Though the tragic effects of an explosion can never be undone, said law firm explains that, if any of these catastrophic incidents can be proven as a result of someone’s negligence, such as a property owner or a product manufacturer, then such person or party may be held accountable for his/her carelessness. The victim, on the other hand, may be eligible to pursue financial compensation for all present and future damages he/she may suffer due to the injury

Learn More

Myths About Car Accidents

Posted by on Jun 30, 2016 in Motor Vehicle Collisions

Myths About Car Accidents

Car accidents can happen any time. The bad news is that no matter how responsible and safe driver you are, the negligence or bad behavior of other drivers can leave you injured or worse dead because of such acts. According to the website of Williams Kherkher, these injuries can leave a mountain of finances on your part. What makes matters worse is the plethora of misconceptions about car accidents that can leave the victims confused. Let us take a look at some of these myths and debunk them.

  1. Accidents are always due to bad driver behavior

There is a popular misconception that accidents are caused by negligence and risky behavior of other drivers. However, there are other factors that can contribute to accidents such as defects in the car and road conditions.

  1. You cannot sustain serious injuries in minor accidents

While they may seem only minor injuries, they could still lead to more serious or life-threatening conditions. That is why it is best to seek medical attention after an accident to uncover any underlying conditions.

  1. If There Is No Immediate Injury, You Cannot Sue for Injuries Later

Some injuries such as whiplash may only show up after weeks or months to show symptoms. As long as the claim is within the statutes of limitation, you can recover damages. So it is best to seek medical attention right away. After all, it is better to be safe than sorry.

  1. Accident Attorneys Charge Expensive Fees

Not hiring an attorney will put you at risk of being shortchanged as far as your claim is concerned. Most lawyers won’t charge fees until the case has been won.

  1. The Police Will Determine Fault During The Accident

Although a police report can come in handy in court proceedings, it is not enough to determine who is at-fault. There will be a lot of squabbling over liability so you should supplement your police report with evidence.

Misconceptions can hurt your chances when filing for car accident claims. It is best to do your research first before believing them.

 

Learn More

Symptoms of morcellator induced cancer

Posted by on Mar 7, 2016 in Personal Injuries

In an effort to remove noncancerous fibroids and other tissues, many women undergo a hysterectomy or a myomectomy. According to the University of California San Francisco Medical Center, a myomectomy is an operation to remove fibroids while preserving the uterus. In the past, power morcellators were used in many of these procedures as a minimally invasive way to mince up these tissues for removal.  However, there was soon shown to be a strong relationship between development of dangerous cancers and these morcellators.  As power morcellators diced up tissue into smaller pieces, potentially malignant tissue was spread into other areas of the body.  The cancers caused by these morcellators are potentially deadly in women, such as metastatic leiomyosarcoma, uterine cancer, uterine sarcoma, and endometrial stromal sarcoma. According to Williams Kherkher, 1 in every 370 women who underwent a procedure using a power morcellator later developed one of these types of uterine cancers.

Forms of uterine cancer can go undetected for some time as the symptoms can often be confused for other less serious issues.  Symptoms of morcellation-induced uterine cancers include nausea and vomiting, swelling of the abdomen or pelvis, and pelvic or abdominal pain.  Women may also experience increased vaginal discharge or vaginal bleeding or spotting.  Other signs may be external changes in appearance such as weight loss or changes in vulva color or skin, including warts or rashes.

Morcellators can actually not only spread cancer cells, but cause it to progress into later and more deadly stages.  Despite a morcellator recall by Johnson & Johnson, the makers of the device, and an official “black box” warning by the FDA, the warnings came too late for many women.

Learn More