Posts by Nestor


Divorce and House Foreclosure


Posted By on Jun 26, 2017

Division of properties, assets and debts during divorce can be very contentious as each spouse will naturally fight for what they hold to be personally theirs, as well as make a claim on what can be considered marital property. However, when it comes to debts, majority more than willingly give up any claim and let their former partner experience all the benefits in settling everything.

The reality for so many American couples is many owe a huge amount of money – on loans for their cars, mortgages on their homes, and credit card bills for either due to real emergencies or “emergency” purchases. All these debts may not present any substantial effects, at least to a few, so long as the spouses stay together; however, when their marriage falls apart, to whom do the bills go with?

Couples who file for divorce should know that courts give as much importance to debts as these do to assets and properties. A divorce judgment includes a judge dividing debts and assets between spouses. While courts generally divide assets and debts equally, these can also be divided according to each spouse’s circumstances in life. Thus, a spouse who receives more property and/or earns more might be assigned more debt.

State laws vary when it comes to division of debts and assets in divorce. While some states observe the community property rule and so divide everything to divorcing spouses equally, others observe the equitable distribution rule so that assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.

Regardless of what rule is observed,  an article posted in a website found at, www.hhzfamilylaw.com/divorce/, say that in the midst of any divorce, it is overwhelming to think about all of the legal aspects that you must account for when setting up your new life. Not only are you undergoing a formidable change within your relationship, but also you have to make arrangements to accommodate your new family dynamic. You will have to make decisions regarding your finances, estates, assets, and relationship with your children.

One major effect of divorce is actually the continuous payment of home mortgages. A house usually goes to whoever is awarded custody of the children. But what if, in this scenario, payment of mortgages will be required of the non-custodial parent? How likeable will this be to the spouse paying for a house which he or she knows he or she will never get to live in?

It is possible, of course that, due to changes in his or her financial circumstances, such spouse will no longer be able to pay the mortgages. At other times, though, he or she just decides to stop paying the mortgages. In this instance, creditors can come after the particular spouse responsible in making the payment, even though, originally, both parties were responsible for the loan. This is done to protect the rights of the creditor. If payment lapses for about three months, then the house may face the possibility foreclosure.

In the case of the second scenario above, the custodial parent can petition the court to enforce the divorce agreement for the continuation of the mortgage payments. Your former spouse will then have to appear in court to explain why he or she is not following the court order and may be punished with fines or jail time.

The Plano foreclosure lawyers know the home is the most important possession people will ever own. That’s why a foreclosure on their home can be one of the most challenging experiences to go through. Not only can a foreclosure cause lasting damage to an individual’s financial standing, but it can also deprive them and their families of the place they have called home for years. Sadly, there are far too many situations in which lenders wrongfully foreclose on a home.

 

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Serious Injuries from Car Accidents


Posted By on Mar 11, 2017

Serious Injuries from Car Accidents

Car accidents have many forms, such as head-on collisions, rear-end collisions, sideswipes, single-vehicle crashes, and rollovers. But whatever kind of car accident you experience, it does not change the fact that you are likely to sustain serious injury if the accident is forceful enough. Worse, there may even be fatalities.

According to the website of these Brownsville car accident attorneys, those who have been hurt because of negligent drivers may take legal action, like trying to get compensation for the damages they have sustained.

Head Injuries

The head is a very vulnerable body part when it comes to car accidents. Vehicle occupants may hit their head on hard surfaces, like steering wheels, roofs, windshields, and pavements. They may also be hit by debris, such as loose vehicle parts, glasses, and rocks. These may result into face disfigurement, skull fracture, and brain damage.

Neck Strains

Accidents happen unexpectedly, so the occupants of the vehicles involved will likely have relaxed bodies. If the neck is in a relaxed state, it may get damaged on the sudden shaking of the vehicle upon impact, resulting into neck fracture or whiplash. Neck problems are particularly dangerous on head-on collisions, rear-end collisions, and T-bone accidents.

Back Problems

Back injuries can be sustained the same way as neck strains. The back of vehicle occupants, when caught in a relaxed state, can be damaged because of the jolt of impact. Rear passengers can also be at risk on devastating rear-end collisions, where another vehicle has pierced through the rear end of their car. The worst back injuries involve the spinal cord, as it may cause sensory and motor problems.

Chest Damages

Airbags, seat belts, and other safety devices can save your life, but they don’t necessarily defend you from all possible injuries. In fact, they may even contribute to damages. High-impact accidents, combined with effective restraints such as seat belts, may have enough force to damage the chest area. The worst damages involve broken ribs, and how they may affect the heart and lungs.

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Swimming pools are fun. They help you counter the heat, enjoy under the sun, and have quality time with your family and friends. But sometimes, even fun things can be very dangerous.

Swimming pool accidents are not that uncommon. When you look at it, a swimming pool is not the safest place to be in. There are a lot of factors that may not go your way, and that may result to injury or death. Below is a list of the common causes of swimming pool accidents.

Impairment or lack of swimming skills

Alcohol and drugs can have physical effects, including comprehension and coordination issues. These issues may result into the victim not being able to properly make decisions in the pool area and cause an accident to himself or the others around him.

Not knowing how to swim is also a major factor in many swimming pool accidents, primarily because the victim will not be able to save himself.

Lack of adequate barriers

Owners should have the responsibility of making their swimming pools not too accessible, and the best way to do this is by putting barriers or fences around the pool, to prevent easy entrance from children and other people who can be very vulnerable near water.

Having a barrier or fence is not enough. Owners should also make sure that these are actually strong and high enough, or else we might be seeing a drowning accident in the area.

Lack or improper use of signage

There should be proper signage and warnings in and around the pool to inform patrons of possible dangers. These may include reminders of not diving on shallow waters, not running on the edge of the pool, or signs that indicate the depth of water in a particular part of the pool.

The absence or improper use of these signs put unsuspecting swimmers at risk, especially those who lack swimming skills and those who have the tendency to be reckless on the edge of swimming pools.

Defective Design

Defective design may refer to unintelligent design of the swimming pool or a malfunction in its components. Defective designs may include pool drain issues, sump pump issues, and other problems that may be a sign of failure to comply to reasonable safety standards.

According to an informative article on the website of Russo, Russo & Slania, P.C., swimming pool accidents are covered in product liability laws. But you should also remember the fact that swimming pool accidents can still happen because of your own doing. So in the end, your first line of defense against swimming pool accidents is diligence.

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It isn’t surprising that most individuals with criminal records find it difficult to get back on their feet and pursue better opportunities. One’s personal reputation will often take a serious hit due to any criminal offense, whether or not the individual has done what they can to accomplish their mandated penalties. Having any criminal offense on your record can hinder employment and educational prospects, as well as your ability to take out loans or move into a new place of residence.

One way you can overcome this extreme prejudice is by petitioning for a legal process called expunction. According to the Texas Code for Criminal Procedure, individuals that meet a certain set of qualifications may be afforded the privilege to have their records cleared of offenses that could seriously hinder their ability to move forward and become productive members of society.

In general, expunction in Texas is typically granted to individuals that have been charged but not convicted of a crime, or those that were convicted of misdemeanors and other minor offenses. There are, however, special circumstances that allow individuals who fall outside these criteria to still be able to pursue an expunction petition. For example, individuals that have been wrongfully convicted of crimes, as well as those that committed certain juvenile offenses, are entitled to have their records. In some cases, Texas law also allows individuals with certain kinds of felonies to pursue expunction. However, it should be expected that individuals that were found to have committed grave crimes won’t qualify for expunction.

Overall, record expunction is a legal avenue that could prove useful to many individuals. Considering that any record of a criminal offense can do plenty of harm to someone’s lifestyle and reputation, the fact that the law provides such an option is important to know. If you think that expunction may help you in your current situation, do not hesitate to consult with a criminal law attorney to learn more about how you can clear your criminal record.

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Road Defects and Motorcycle Accidents

 

One of the biggest advantages of a motorcycle compared to a car is maneuverability. It allows the rider to ease pass the traffic and reach their destination in the quickest possible way. But while it is more convenient than a car, motorcycles also place riders at a greater risk of getting involved in an accident. The website of Karlin, Flrisher & Falkneberg, LLC reveals that motrocyclists are more susceptible to road conditions than their counterparts.

There are different kinds of road conditions that can put in danger a motorcycle rider. A loose gravel from a construction project or a deep pothole can make a motorcycle wobbly and cause the driver to lose control. No matter how safe you drive, you will remain at the mercy of road conditions. Other conditions that may impact motorcycle accidents include confusing, damaged, or missing signs, lack or poorly placed traffic signals, blind curves, and others.

So who can be held liable for injuries or fatalities due to poor road conditions? The main agency tasked to assist state and local governments with guidelines for the safe design and construction of roadways is the Federal Highway Administration. It monitors accidents and inspects accidents where road designs, maintenance, and other defects were the main cause.

Accidents due to road conditions are governed by the theory of “sovereign immunity.” Under this principle, governmental bodies are immune from lawsuits by private individuals. However, if a government entity acted highly negligently or recklessly in performing their duties, they can be held liable for accidents. Likewise, if a stretch of road has been deemed unsafe and the agency responsible for it did not take action within a reasonable timeframe to rectify that hazard, they can be liable to the victims.

With a motorcycle accident, the statute of limitation is much shorter than a car accident. Whereas other accidents involving motor vehicles have a limitation of 2 to 5 years, the statutory period for motorcycle claims is less than six months.

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