If you or someone you love has been injured because of the actions of someone else, you need to waste no time in beginning your search for Alaska personal injury lawyers who will provide you with the best opportunity to obtain proper justice. The process of finding the best Alaska personal injury attorney is one that should be taken seriously, and below are a few steps to consider as you begin your search.
Odds are that everyone will need the help of an attorney at least once in their lives. While not everyone needs help from Alaska personal injury lawyers, asking people in your life who you should contact will at least start the ball rolling towards a personal referral either from your contact or from another attorney. Referrals are valuable for many reasons, as no one wants to send someone they know or someone who may contact them for other legal needs in the future to an Alaska personal injury attorney who will not provide you with the type of representation you deserve. Referrals can speak to an attorneys reputation as well, which is invaluable in any legal claim.
Contact the Firm
Most Alaska personal injury lawyers can be found online these days, and you should be able to locate the attorneys Web site rather easily. After youve taken a look at the Web site and decide to contact the firm, pay attention to how the firm handles service. If your call is answered quickly and your initial consultation is scheduled promptly, its a sign that the firm takes your matter serious.
When you meet with an Alaska personal injury attorney for what should be a free initial consultation, you need to ask questions of the attorney as much as he or she will ask them of you. Examples of these questions include:
1. How long have you been practicing personal injury law? 2. How many cases have settled out of court? 3. How many cases have gone to trial? 4. What were the general results of these matters? 5. How does your fee arrangement work?
While there are no specific correct answers to these questions, the information provided for you based on these questions will ultimately come down to how you feel. If you are confident that youll be receiving sound representation, take a day or two and make a final decision. If you are not confident, trust your instincts.If youd like to start your search by meeting with a firm that provides its clients with strong personal injury representation, contact the Alaska personal injury lawyers at Barber & Sims today to schedule a free initial consultation.
Legal Translation combines the creativity required in literary translation with the precise terminology of technical translation. Difficulties may arise due to various reasons like differences in legal systems followed in the countries where the source and the target languages are spoken, explicit nature of legal language etc. Hence there is need to approach professional
translation service providers when legal documents are required to be translated.
Legal terminology by its very nature is subject to incongruity. Legal terms have basis in country specific national legislation. The latter is a product of historical experiences and hence carries certain degree of regional asymmetry. The incongruity varies from near conceptual equivalence to complete voids. This poses a great challenge to accurate translation of legal documents. Since many source language expressions may not have precise equivalents in the target language and literal translations may not make sense, sometimes the original expression is reproduced after paraphrasing it. A translators note is usually appended in such cases.
Persons doing legal
translation need to have extensive linguistic training and knowledge of the source language. They also must be native speakers of the target language having thorough understanding of the vocabulary and syntactic structures of the language. They must have understanding of the local culture and knowledge of the legal system. They must be experienced in the legal field (novices wont do) and preferably possess certification by an accreditation organization.
The translators must have access to all legal resources like legal dictionaries, online databases, libraries, journals etc. These will be required to supplement their knowledge gained through experience in order to create translations that are legally valid in the target country. The translations must preserve the terminology, syntactical patterns and nuances of law from the originals. Reputed translation agencies make such resources available to their translators.
Another difficulty in legal translation unlike other forms of translation is certification. It is usually required when documents like birth / death certificates, immigration papers, college transcripts, police clearances, marriage licenses, divorce decrees and the like are submitted in foreign countries for acceptance by courts and other institutions as legal record. The translator or the proofreader will usually be required to affix his/her signature in the presence of a Notary Public attesting to the accuracy of the translated document.
The recent growth in international trade and increased globalization has led to rising demand for legal translation services worldwide. Opportunities exist in translating documents in various source-target language combinations. They are both challenging as well as rewarding. Persons having knowledge of international law as well as proficiency in more than one language would be ideal candidates to undertake such assignments.
Muslims residing in the State of New York are in a dual situation when it comes to the implementation of family law. On one hand, they are governed by the religious law of Islam, known as Islamic sharia, and on the other hand, the secular family law of the state of New York. To Muslims, the family law of Islam mandates that marriage and divorce among Muslims should be done in accordance with the Islamic sharia, regardless of whether they live in an Islamic or secular country. Civil divorce decrees obtained by secular courts are not recognized by Islamic sharia.
Under Islamic law, a Muslim man may marry a non-Muslim woman, whereas a Muslim woman is prohibited from marrying non-Muslim man. Under these rules, a non-Muslim woman marrying a Muslim man in compliance with Islamic sharia is subject to the rules of Islam in the areas of divorce, child custody and inheritance. In other words, a non-Muslim woman who gets married to a Muslim man in accordance with Islamic sharia, loses custody of her children in case of divorce, or in case the husband dies. Consequently, a non-Muslim woman marrying to a Muslim man is forced, under the rules of Islamic sharia, to surrender custody of her son when he reaches the age of seven, and her daughter at the age of nine. She also prohibited from inheritance. These rules are applied throughout Muslim countries with a system of sharia-based family law in place.
Marriage Contracts in Islamic Sharia
Under the rules of Islamic sharia, the marriage contract should include: (1) names and addresses of the couple; (2) name of the guardian of the bride; (3) names and addresses of two male witnesses; and (4) the amount of mahr, or a promise of money or its equivalent to be given by the husband to the bride. Like any other civil contracts, Islamic marriage contract should be in the form of offer and acceptance by the parties.
Contrary to the popular notion that mahr is dowry; it is not. A dowry is what the wife contributes to her marriage while mahr is an obligation on the husband to pay his future bride. Others call it a gift; it is not a gift either, because mahr is an obligation on the husband and is mandated by the Quran. The Quran calls it sadaq (Quran 4:4). If no stipulation of mahr is provided in the marriage contract, the marriage remains legal and in effect; in such a situation, the “qadi” (judge) will determine the amount of mahr, which remains a property of the wife alone. The amount of mahr can be paid partially: up-front (Arabic, muqaddam), and deferred until divorce or death of the husband (Arabic, muakhar), or it may be prepaid in full before the consummation of the marriage.
Legal Status of the Mahr Provision in Islamic Law
The most important feature of the mahr provision is that one party makes an offer and the other can accept or refuse to accept. It is a financial settlement between the couple in case a divorce occurs or the husband dies. Although, Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride.
In the State of New York, an Islamic marriage contract involving mahr may be considered premarital agreement for a divorce settlement. In legal terms, this is called a concurrence of wills or meeting of the minds of the future husband and his future wife. This also means that each party from an objective perspective engaged in conduct manifesting their acceptance, and a contract was formed when both parties met such a requirement.
The basic rule is that a premarital contract will be interpreted and enforced in accordance with the law of the state in which it was entered into. Thus an Islamic marriage contract signed in Egypt according to the Egyptian law for example, must be interpreted according to the law of Egypt. The Restatement of the Law Second Conflict of Laws 3d, Chapter 8, Contracts, is clear about the law for the state chosen by the parties to a contract. The text of the Restatement reads: “(1) The law of the state chosen by the parties to govern their contractual rights and duties will be applied if the particular issues is one which the parties could have resolved by an explicit provision in their agreement directed to that issue.”
Looking at both academic and case studies in this area of law, this article points the reader in the direction of the current trends in the treatment of mahr in New York State and to address Islamic family law issues relevant to New York State law and the working of its legal system. The mahr provision in an Islamic marriage contract has been interpreted differently in other states. For more information on treatment of mahr in other states, the individual should seek legal advice.
Interpretation of the Mahr in New York State
Muslim men and women assert their Islamic legal rights in American family courts; as a result, Islamic sharia governing their marriages and divorces becomes an important and complicated part of the American legal landscape. This leads to a discussion of court cases involving Muslim marriage and divorce litigations in the State of New York, as well as whether New York courts will enforce the terms of Muslim marriage contracts, mainly the mahr provision.
New York courts have jurisdiction over divorce cases within its territory, with specific focus on premarital contract structured in accordance with foreign laws. And, various state courts have found no public policy prohibition in enforcing such agreements. In New York, a mahr agreement may be interpreted within the context of a contractual obligation.
In Aziz v. Aziz, the couple entered into a mahr agreement which required the payment of $5,032, with $32 advanced and $5,000 deferred until divorce. The New York court ruled that the contract conformed to New Yorks contract requirements, and that “its secular terms are enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” (See Aziz v. Aziz, N.Y.S.2d at 124).
In this case, the husband argued that the mahr agreement provided in the Islamic marriage contract could not be enforced because it was a religious document and was not enforceable as a contract. The wife responded by stating that although the mahr is a religious stipulation; its secular terms can be properly enforced by the court. The court agreed with the wife and ordered the husband to pay the deferred mahr. The court found that the mahr agreement complied with the necessary statutory requirements to be recognized and enforceable as a premarital agreement and held that the secular terms of the mahr agreement were “enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” The court stated that the mahr agreed to by the couple constituted a secular debt of $5,000 and ordered the husband to fulfill the terms of the agreement.
The case was based entirely on another New York of Appeals case of Avitzur v. Avitzur involving a Jewish Ketubah in which a Jewish woman sued for specific performance to force her ex-husband to appear before a Beth Din (Jewish Court). Under Jewish Law, only a man can grant a divorce, or “Get”. Until he does, the woman cannot remarry within the Jewish faith to anybody. Her children will then be considered illegitimate. In order that a “Get” may be obtained, both husband and wife have to appear before the Beth Din. The husband refused to appear, leaving the woman in a state of marital limbo, making her an “agunah.” The New York Court of Appeals found that the Jewish ketubah constituted a valid premarital agreement that could be enforced despite the religious underpinnings of the agreement.
As the second largest religion, and with the number of Muslims immigrating to the United State on the rise, American courts are more frequently looking into Islamic divorce litigations between Muslim couples. Out of respect to Islamic law and culture, American courts attempt to apply certain provisions from Islamic sharia, such as the mahr contract in divorce cases involving Muslim couples. By doing so, American courts risk involving their arguments with gender and economic inequalities between Muslim men and women, leaving Muslim women destitute. The application of mahr agreements in Islamic divorce in the United States prevents women from exercising their rights to equitable distribution of marital assets upon divorce. If the courts need to extend their respect to Islamic law in divorce situations, they should look into whether the wife had a choice in signing the mahr agreement. Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, the Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride. Other states do not regard the mahr to be a premarital contract. Individuals seeking information on the treatment of mahr by other states should seek legal advice from a competent attorney.
DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Republishing of this article is hereby granted by the author.
Life is supposed to be unpredicted and same is the case with the accidents especially the road accidents. We can have to experience these accidents even if we are not at fault. So, in these type of accidents, if a victim has to go through a series of physical injuries and financial losses and that too due to the neglect and rashness of another person, personal injury compensation claims are a medium through which the justice can be availed.
The basis of all the personal injury claims, which are being filed for the gaining of compensations, is supposed to be the fact that the claimant is the one on the receiving end of the injuries without his or her own fault. Road accidents are no exceptions in this regard. The victim of the accident if wants to be a winning claimant then he or she has to take some measurements in order to secure a compensation claim in his or her own favor. It should be kept in mind that road accidents are of various types and the victim can be a pedestrian hit by a vehicle or the owner of an automobile hit by another vehicle driver. So, the nature of all the road accidents is supposed to differ from each other.
There are two important steps that are to be taken by a victim and a future claimant for the personal injury claim if he happens to be the suffering party in a road accident. Getting the accident scene registered right on the spot rather calling the police officials at the accident spot and getting a thorough medical examination right after going through a road accident. These two are the most important steps that should be taken by the victim.Gathering some evidences like the photographs of the scene and the contacts of the witnesses can also be very helpful in the long run.
While considering claiming for compensation from the guilty party, the most important step is supposed to be the professional consultancy being done with a specialist personal injury lawyer. This step is to be taken very wisely because a professional lawyer dealing in the field of personal injury claims is the one who can tackle the case with full command. These accident cases can be very tricky if there are not sufficient evidences to support the claimant and the guilty party has refused to own the responsibility. In such circumstances, the expertise of a skilled lawyer comes very handy in the favor of the claimant.
So, these are some things that are to be kept in mind if being a victim of a road accident, you are planning to file a personal injury compensation claim.
The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.
Personal injury” describes a type of tort lawsuit that is pursued after an individual suffers a physical or psychological injury due to the negligence of another.
The most common type of personal injury claims alleges that a defendant’s negligence was the cause of the plaintiff’s injury. These injuries are often caused by accidents at work, accidents in the home, traffic accidents, assault claims, and product liability claims
Personal injury torts can also be pursued after dental and/or medical accidents, as well as in industrial disease cases such as mesothelioma, asbestosis, and other chest diseases. Occupational stress that is caused by being exposed to harmful substances or situations in the workplace can also be the basis for a personal injury tort lawsuit.
Additionally, there are defamation torts that also are considered to be personal injuries.
When a person suffers from a personal injury, he or she often hires an attorney to represent them. Most personal injury lawyers work on a contingency basis, meaning they will not get paid unless they win the case.
Contingency fees usually range from between one-third to one-half the amount of the settlement in a case. Although that can be a very substantial amount of money, a plaintiff may prefer to pay a fee if having experienced legal representation substantially increases their chances of winning the case.
A skilled and successful personal injury attorney brings a depth of knowledge and a multitude of skills to the case that he or she developed through years of experience. An experienced personal injury attorney has most likely represented hundreds, if not thousands of plaintiffs and knows “the drill” inside and out.
Personal injury attorneys have experience in gathering the needed evidence and negotiating with the defendant’s insurance companies. They will give you the proper advice as to how your case should proceed.
A personal injury lawyer will also share his or her beliefs about how much your injuries are worth and what to expect as compensation for them. If you want the negotiations with the insurance company to be successful, this information and knowledge is critical.
In addition, personal injury lawyers will often do all the needed paperwork to prepare your case. They will get medical records, your doctor’s narratives and notes, police reports, witness testimonies, and other relevant documents.
With all that is involved in filing a personal injury lawsuit, most people believe that they will receive the biggest personal injury compensation if they hire an experienced attorney to represent them.
Executive Summary What we are going to discuss here is whether or not a creditor can come to Guatemala with a judgment from a foreign (Non Guatemala) court and enforce it or make it collectible in Guatemala. We will look at the complications involved and the chances of success which are miniscule at best. I would like to point out that this is a topic not covered by our competition. There are collection law firms that discuss international judgement collection but they are trying to sell their services. In spite of this I have never seen one collection law firm getting enthusiastic about collecting foreign judgements. It is best done through a treaty which Guatemala does not have with any country. We will discuss the matter in depth below.
What is a Judgement A judgement is a decision from a court based on a trial or it could be based on a summary judgment where there was not trial held because the odds of success for the defendant were so small the court just goes ahead and railroads him. Sometimes this happens because the defendant can not afford a legal defense. This is prevalent in the USA. In this discourse we are addressing judgments for money damages. A judgement can have other aspects to it like an eviction proceeding ordering one to leave a house. It does not matter if it is a local court or a national court for this discourse. This is because Guatemala has no treaties for enforcement of foreign judgments but more on this later. The court would need to be contained in a country that Guatemala has diplomatic relations with. Guatemala also insists that the country of the judgement allows Guatemala judgements to be enforced in that country.
What is Not a Judgement A tax lien is not a judgment. Tax liens can come from local or national governments. There is normally no trial preceding a tax lien. There was no judge, no jury, no due process, no right to defend yourself, no attorney present for the defendant, no right to examine your accuser, no chance of jury nullification, etc. This is a government administrative procedure that is not enforceable offshore in other countries. A tax lien would need to be reduced to a judgement by filing a lawsuit in a court of appropriate jurisdiction in the home country. It would be like any other lawsuit. The defendant would have the right to present a defense and have a jury trail. Such a judgement would also then be dischargeable in an ordinary bankruptcy case. Tax liens are practically never converted into a judgement for these reasons and of course the expense involved, time delay to go to trail and so forth.
Guatemala Has No Treaty for the Enforcement of Foreign Judgements It is good that Guatemala has no such treaty. If a treaty like this was present the process of collecting a foreign judgment would be simplified. The judgment itself would be sufficient evidence to proceed with collection. With Guatemala, foreign judgements are anything but a cost effective easy thing to collect on.
Guatemala Corporations and Foreign Judgements Before we get into the ins and outs of the nightmares associated with collecting foreign judgments in Guatemala lets look at the initial problem a judgment creditor would face. We always have our clients use corporations for asset protection. This applies to banking, real estate, cars etc. We prefer to start with fresh corporations formed in the jurisdiction as long as they are anonymous bearer share corporations. Guatemala has very anonymous bearer share corporations. The names of the owners of the corporation do not appear in any public registry, database and the government does not know who owns the corporation. In places like the USA where the legal system has run amuck you will hear a lot of talk concerning piercing the corporate veil. This piercing the corporate veil tactic is nasty and effective in the USA. Try it in Guatemala and you will fail and have one angry judge to deal with who will be less than appreciative of your attempts to import sleazy legal tactics from the USA into his or her courtroom. The corporate veil is not going to be pierced for foreign cvil judgement collection matters. So how does the creditor attack real estate or a bank account owned by a corporation in Guatemala? He doesn’t! You are the owner of the corporation but he does not know that and cannot prove that. Ownership of Guatemala corporations is not in any public registry or database. Going to court and saying well the judgment debtor wired funds from his home country bank account to a bank account owned by this corporation, is not going to prove a single thing in Guatemala regarding corporate ownership. The judgment debtor may have invested in this corporation, he may have bought real estate from this corporation or bought a boat, a plane a car, etc. It does not prove any ownership. The judgement creditor is not going to be able to get into any Guatemala banking records using a foreign judgment as grounds. Guatemala has serious bank secrecy. You must understand that in Guatemala a corporation is a free standing judicial person (artificial person) that has its own assets and liabilities. Your liabilities are not the liabilities of the corporation. This means personal debts do not transfer over to a corporation.
Fraudulent Conveyance The catchall used to attack offshore bank accounts is fraudulent conveyance. A fraudulent conveyance references activity where funds or assets were removed from a jurisdiction to prevent a creditor from recovering the debt. The term can also apply to transferring title of real estate or a car to another to keep it from being attached by a creditor. Panama allows a creditor to pursue a fraudulent conveyance action based on a foreign judgment and this even applies to their foundations. As a comparison Guatemala is not a fraudulent conveyance friendly jurisdiction. Such cases are seldom ever heard of in Guatemala because the chances of success are extremely slight. The plaintiff would need to show that the transfer was specifically designed or intended to remove the assets from the reach of the creditor. If the defendant could show this was not the case then there is no fraudulent conveyance. The money could have been moved to say a Guatemala corporation to pay for services, goods, make an investment, buy a residence, invest in real estate, buy a boat, and so forth. Please bear in mind that in Guatemala the creditor is in the dark. He cannot just subpoena bank records like in other countries. He has no idea who owns the corporation. There are a lot of just about insurmountable obstacles in the path the creditor has to follow. This is why we do not really see these cases in Guatemala.
Foreign Judgement Enforcement Complications in Guatemala There are a lot of conditions that need to be met to enforce a judgment in Guatemala from another country.
Default judgments are not enforceable in Guatemala. The defendant must have been served personally. This means a live process server gave them the legal papers. If the service was by mail, by courier, by publication it invalidates the entire lawsuit and judgement as far as Guatemala is concerned. Dropping the papers on the doorstep or taping them to the door is not going to work. This right off the top eliminates a large amount of judgements.
The judgment must be final in that there is no more room for appeals. This is usually going to mean a few months in most cases.
The court that issued the judgment has to have had proper jurisdiction over the matter. Frivolous cases filed in foreign jurisdictions with incorrect venue or authority are not going to be enforceable. The debtor can always argue that the jurisdiction or authority the court asserted is incorrect. This can then make it a triable issue of fact in the Guatemala courts. The defendant would try to get the plaintiff to retry the entire case in Guatemala if he could not find another way to dispose of the matter. To do this means two sets of lawyers for the plaintiff, one in Guatemala and one from the foreign country. Think big money. Remember that Guatemala has no treaties for the enforcement of foreign judgments. This opens up the playing field to counter attack the plaintiff attempting to collect the judgement. When there is a treaty the judgment itself stands as admissible evidence and the grounds for objecting are most limited.
There is no enforcement if no such claim would be possible under Guatemala law. Guatemala will refuse to enforce the foreign money judgment if the claim on which the foreign judgment is based could not have been brought in Guatemala. The foreign case has to be consistent with Guatemala law. Guatemala law is not as crazy as USA, UK law. If you were sued for sending out faxes that were unsolicited, this judgment would be void in Guatemala since they have no such law in Guatemala. Many USA lawsuits are for civil violations that are absent from Guatemala law and thus not enforceable in Guatemala. This means the foreign attorney will have to retain foreign counsel to review the case and see it is consistent with Guatemala law. Can be expensive. He may have to have the entire matter translated into Spanish by a certified translator at a cost of $10 to $15 a page. Some cases are hundreds of pages. Then the Guatemala lawyer has to read the case which means billable hours. He will ask questions to the foreign attorney so now we get into double billable hours. In any event to enter the judgment into the Guatemala court system in an effort to collect there would need to be a translation of the judgment into Spanish. Then when the debtor started making objections the entire case file would most likely need to be translated into Spanish.
If the judgment was for contempt of court it makes the judgment not valid in Guatemala. This sort of judgment would not be collectible in Guatemala.
The judgment has to not be for default. In other words if you failed to respond to a foreign court action and were in domicile in Guatemala and they got a summary judgment that would not be a valid judgment.
More Foreign Judgment Collection Obstacles in Guatemala The creditor wishing to collect on a foreign judgment in Guatemala is basically on a financial mission, to collect funds. His path is like walking through a minefield. He can hit a number of unexpected or hidden tactics presented by the debtor that will make a financial recovery very unlikely.
First, we have to look at the appeals process open to the defendant. These are the things a creditor will be advised to consider before proceeding with an expensive and time consuming foreign judgment matter in Guatemala. Please bear in mind the defendant (debtor) can appeal any negative decision from a lower court two ways. The defendant can appeal to the Supreme Court claiming the law was not followed correctly applying any of the above noted objections, or all of them. He can also claim procedures were not followed correctly. He can claim the case is not consistent with Guatemala law. He can attack the way he was served. There are many things he can do. He can even file a counter claim against the creditor. The other appeals option is to appeal to the special Constitutional Courts Guatemala has to just decide constitutional issues. How hard would it be to argue that the defendant had some constitutional rights violated in the process somewhere.
If all that fails after years of waiting for the process to work its way through the courts, then there is the bankruptcy option. Guatemala has a complex bankruptcy court system that could be utilized for shelter from creditors. Using these appellate processes is going to run up the bill for the plaintiff substantially. Without the appeals system, the time required for cases can run up to the 3-5 year mark easily. Then add in appeals. and the bankruptcy for even more years. The plaintiff could conceivably go broke or die of old age before the appeals process runs out. They might recover nothing especially if a bankruptcy is used. The plaintiff might never prevail. The expenses involved could be more than the amount of the judgment. By the time all the appeals are used, the time limit for the judgment may have expired (7-10 years usually) and then the case could be dismissed because the judgment is not longer valid, thus not enforceable. And on and on it goes. Such collection efforts are indeed rarely ever seen in Guatemala.
Summary If you have read this you are looking for a secure offshore asset protection jurisdiction and structure. We have several excellent options. Please bear in mind the perfect jurisdiction and structure does not exist. There is always going to be a give and take scenario. We have managed to isolate a few excellent options but there is no perfect solution that meets the needs of everyone. We do try though!
So often we hear about how high the rate of divorce is in both the United Kingdom and the United States. Divorces can be emotional, time consuming, and expensive affairs. More than ever, couples are being encouraged to use mediation services in order to solve their difficulties, in order to avoid all the difficulties of a divorce.
When emotions are running high and couples don’t know how they can possibly make things work anymore, divorce can seem like the only way out. Communication is the key to all good relationships and when communication breaks down, relationships tend to break down too. Mediation services are great because they teach you how to talk to each other about how you’re feeling in an open and honest fashion.
It can be difficult to talk about our feelings, even to those who are closest to us. Having difficult conversations can be uncomfortable, and sometimes we need a helping hand. Despite the fact we are arguing with our partner, we generally don’t like upsetting other people.
Conflicts between loved ones can be particularly difficult to handle because relationships are so steeped in history. Mediation is future focused, so an independent mediator will attempt to move the relationship forwards rather than allowing the couple to dwell on past events. Bringing up old arguments and past mistakes does not resolve anything and is no basis for a healthy relationship.
This is one fundamental way in which mediation and divorce differ. Divorce courts do not accept ‘irreconcilable differences’ as a valid reason for couples wanting to split up. They instead insist that fault is blamed on one of the parties involved. This is perhaps why mediation is becoming such a popular option for arguing couples. Divorce is not as simple as one person being wrong and the other right; it is infinitely more complicated than that.
If children are involved, then mediation could be useful for a couple as well. If talking about your differences doesn’t solve them, it could at least bring some civility to proceedings. If you still decide to divorce then it is best to do so in a civil manner, so the children are not left feeling anymore confused and upset than they need to be. Deciding on how often children are to be seen and who stays with who is another big issue when it comes to divorce, and it is better if this can be settled outside of the divorce courts in order to avoid as much distress as is possible.
Ultimately, divorce sometimes is the only option for some couples. However, it is certainly better to do everything in your power to attempt to reconcile the relationship outside of the court room to begin with.
Once a plaintiff wins a personal injury lawsuit, he or she may be entitled to recover some damages from the defendant.
This could include compensation for lost income, pain and suffering and hedonic damages.
There is no exact amount as personal injury damages are determined by a jury in a case-to-case basis.
However, the most common types of damages awarded are the following:
Compensatory damages are meant to make up for the losses the victim sustained as a result of the personal injury.
There are two types of compensatory damages; the economic and non-economic losses.
Economic losses refer to damages that automatically have a dollar figure.
Medical expenses This may include past and future medical expenses. Future medical costs represents the amount needed for the patients medical care for the rest if his life or until he recovers from the injury.
Lost Income This will include all wages or salary that the victim lost as a result of the personal injury.
Property Damage This covers the cost of repairing or replacing damaged property like a vehicle from a car accident.
Cost of living with disability If the victim sustained injuries that prevents him from engaging in any substantial gainful activity, then the costs of altering the victims lifestyle to suit his disability will be shouldered by the defendant.
Non-economic losses on the other hand are damages that do not have a dollar value but will be assigned one by the courts.
Pain and suffering This include compensations for actual physical and emotional pain that was brought by the personal injury. Emotional distress can come in the form of anger, fear, frustration and other negative emotions that resulted from the injury.
Loss of Consortium Wives and husbands can also receive compensation for the loss of intangible things they get from marriage such as loss of solace, affection, comfort, companionship and sexual relations.
Hedonic damages This refers to the amount equivalent to the loss of enjoyment of life. Examples include, participating in sports and hobbies, sensory experiences, and unencumbered movement. While some states consider this as part of pain and suffering, some California courts recognize it as a separate form of damages.
This is usually awarded when the conduct and behavior of the defendant has been intentional or just simply outrageous.
While the damages are awarded to the victim, the real aim is to punish the defendant and deter other people from committing the same or similar acts.
In cases where there is very little injury or damage, the court may decide to award the victim some amount of money to acknowledge that he or she has been legally wronged by the defendant.
Legal matters need to be handled by the experts. Talking about experts, no one can match with the expertise that Rahul Manchanda has in the field of immigration law. It will not be wrong, if we say that Mr. Manchanda has dedicated his entire life striving to make law business work for people who need help.
Rahul Manchanda is nothing less than a star, in his own terms, who has succeeded in helping a number of people in complex immigration situations. With his law firm, Rahul Manchanda Law Offices & Associates, he has achieved an unsurpassed repute in the field of immigration law firms in the country. He has been a part of some trailblazing decisions about family laws and legal litigations.
Leading the firm with examples, he has been an immigration lawyer who has always won accolades for his contribution in the field of civil, immigration and federal law.
His talks, as a speaker, are known to fetch a lot of crowd and are highly acclaimed by the critics. Lawline.com is one such online portal where he delivers lectures on a regular basis. The website focuses on providing outside the classroom education related to immigration law and deportation to people.
His skills as a speaker are recognized on an international level, when he was invited as a keynote address speaker at the 60th Anniversary of the United Nations Declaration of Human Rights held at the Hamline University School of International Law as well. He was also the Chief Speaker for the Civil Rights Litigation Update Seminar on Balancing Inalienable Civil Rights and National Security in the post 9/11 era.
He is currently the Mentor at Law Mentor Program at Pace Law School. He also teaches immigration law at the John Jay College of Criminal Justice at the City University of New York.
All these facts clearly reflect that Mr. Rahul Manchanda Law has established himself not only as a lawyer but also as a teacher who is willing to share his experience and knowledge with others to encourage them towards achieving success in the field of law.
If you or someone you know has been a victim of medical malpractice, it can be one of the hardest things in life to deal with. Everything about your normal life can quickly change due to the professional negligence of a health care provider. It is definitely not fair, and not something that you should have to deal with on your own.
There are attorneys that have been specifically trained to deal with medical malpractice and you should look into working with them to help you gain justice in pursuing the lawsuit. If you are looking for a malpractice attorney near St. Petersburg you can look online. There are many qualified professionals available with experience in the medical malpractice field and a high rate of success stories.
If you are the patient that was injured due to medical malpractice then it is important to understand the steps you will need to take to be successful in your lawsuit. You are going to be the plaintiff in the lawsuit, and therefore you must establish four elements to prove that the health care provider acted with professional negligence. If you fail to prove one of the four elements of the tort of negligence, then you simply lose the case. While this may be a bit overwhelming and discouraging, you should be assured that malpractice attorneys in St. Petersburg have a lot of experience in proving these four torts and will help you in your pursuit of justice.
The first part of the tort says that you must prove that a legal duty was owed. Whenever you take step in a health care provider setting, it is their duty to take care of the patient. The second step you must prove is that the duty was breached. Basically, you must demonstrate that the health care provider did not follow the guidelines and regulations that state law requires of them. In the court system this is called the relevant standard of care. You can prove this by having a good testimony and by pointing out the obvious errors that the health care provider did.
The third tort you must prove is that the breach made by the specific health care provider caused an injury. This is usually not difficult to prove, especially if it is a serious injury. The last tort is proving that you suffered damages because of the medical malpractice. This can include a variety of different things. The medical malpractice attorney in St. Petersburg will be able to further assist you on this tort.