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Can You Sue the Company That Makes Mirena for Fertility Loss?

Posted by on Apr 18, 2017 in Uncategorized | Comments Off on Can You Sue the Company That Makes Mirena for Fertility Loss?

Mirena is an intrauterine device (IUD) that prevents pregnancy for up to five years by releasing hormones into the body that helps destroy sperm and/or prevents them from entering the uterus. While this conceptive is very effective, some users have experienced difficulty getting or remain pregnant after the device has been removed and wonder if the IUD is the cause. Here’s more information about this issue and the challenges involved with recovering compensation for damages and losses. An IUD Can Cause Infertility Although an IUD is safe for the most part, it is still a medical device that can cause complications and side effects. One complication that may lead to infertility is an ectopic pregnancy. Mirena is designed to prevent sperm from breaking through into the uterus to fertilize the egg. However, this IUD is 99 percent effective, which means there’s still a 1 percent chance the device will fail to do its job. A sperm that manages to bypass the IUD and fertilize an egg in the fallopian tube (rather than the uterus) would result in an ectopic pregnancy. Treating this issue can result in permanent damage to the fallopian tube, which can significantly reduce your chances of conceiving, since only eggs flowing through the non-damaged fallopian tube will make it to the uterus. Another complication that can occur which may cause infertility is the IUD can become dislodged and embed itself into the uterine wall, requiring surgery to remove. Depending on the circumstances, the device may damage the uterus or the surgery to remove it may result in scar tissue that makes it difficult for an embryo to implant. In rare cases, the damage caused by the IUD has been so extensive, a hysterectomy was required to fix the health issue. A third complication associated with IUDs is a heightened risk of infectious agents invading the uterus and making their way to the fallopian tubes and ovaries. Infections that develop in the reproductive system must be treated right away; otherwise, the disease may damage the tissues and cause scarring that may result in blocked fallopian tubes that don’t let the eggs pass or increases the risk of ectopic pregnancies. All of these issues can make it exceedingly difficult to become pregnant and/or carry the child to term. Whether the company that makes Mirena can be held liable for these issues depends on a number of factors. Challenges Associated with Suing for Fertility Loss There are many challenges associated with suing for loss of fertility, and the first one you’re likely to encounter is proving the IUD was the cause of your condition. Infertility can be caused by any number of things and can occur at any point in a person’s life. You may be required to first prove you were capable of getting pregnant (which may be easy to do if you’ve given birth before) and that the IUD directly contributed to the issue causing your inability to conceive or carry to term. This will be easier in some situations than others. Ectopic pregnancies can occur even when a person is not using birth control, for instance, so it may be difficult to blame the IUD for that, especially since the company clearly represents the product can fail. On the other hand, it may be easier to...

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What to Do if a Trespasser Injures Themselves in Your Backyard Pool

Posted by on Apr 11, 2017 in Uncategorized | Comments Off on What to Do if a Trespasser Injures Themselves in Your Backyard Pool

If you have a backyard pool, then you know how tempting it can be for strangers to try to sneak into your backyard and take a swim. Even if you have a fenced in backyard, and have posted no trespassing signs, there are still people who will sneak in and swim in your pool without your permission. The trouble arises when they end up getting hurt. You will have to deal with potential lawsuits, as well as get the police involved. Here’s what you should do. Contact The Police If you see that someone is splashing around in your pool (maybe you have just arrived home and surprised them, or you’ve woke up late at night to the sounds) the first thing you need to do is contact the police. You don’t know what the situation will turn into. The person might be just a harmless teenager from the neighborhood looking to take a swim, but they also might be someone who could get violent. So, it’s a good idea to bring the police in. When the police arrive, make sure to get a report of what happened and ask for a copy. This is going to be instrumental later when you need to retain a litigation attorney. Contact EMS If Necessary If the person is outside of the pool and limping around, contact the paramedics and wait for assistance. Don’t offer any medical advice as you are not a doctor. You don’t want the person to later claim that you interfered and made the injury worse. Let the paramedics come to the scene and handle it. Take Photographic Evidence Of Your Property You want to be able to prove in a court that you had the proper signs and fencing up. So, take photos that night to document the scene. If you are able to, take video that includes the paramedics and cops. This will help to establish a proper timeline and the injured party’s lawyer will have a difficult time claiming that you took the photos later and placed signs and fencing up that was not there. Get as much photographic evidence as you can. Contact A Litigation Attorney You will need to hire a litigation attorney to deal with the lawsuits that might arise. The trespasser might get it into their head that this is going to be a big payday for them, and they might sue you for pain and suffering. Regardless of the fact that they broke the law and trespassed, they have the right to sue you. Whether or not that lawsuit is successful depends upon the counsel you have. So, find an attorney who is skilled at litigation and can prove that the person trespassed and disregarded the posted signs, as well as illegally bypassed the fence which was designed to keep them out. For more information, contact a business such as Law Office of Shirley...

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Dealing With Personal Representative Duties

Posted by on Apr 6, 2017 in Uncategorized | Comments Off on Dealing With Personal Representative Duties

You should know that only the most trusted of friends or family members are asked to be personal representatives (executors) of an estate. The person chosen for this task must oversee the deceased’s will and ensure that their wishes are carried out in an accurate and timely manner. If you are like most, you may find yourself dealing with this responsibility while still mourning the loss of your friend or loved one. If you have an idea of what to expect, it could be helpful. Read on for a quick primer on what will be expected of you as a personal representative. Search and Find These Documents: As soon as possible, attempt to locate the following. Some of these documents will be needed right away to make burial and funeral plans, while others will be needed eventually. Life insurance policy Burial policy Pre-need plan – A note about this task: It is the responsibility of the personal representative to ensure that funds are available for the burial and funeral. In some cases, plans have already been put in place, sometimes called a pre-need plan. In other cases, life insurance policies or burial policies should be located and presented to the funeral home. The will Any trusts Contents of safes, safe deposit boxes or lock boxes Real estate deeds Vehicle titles Bank account information Investment and retirement account information Tax returns Meet with the estate attorney to initiate probate: If there is a will, it must be probated. Probate is the legal process of dealing with the deceased’s estate, meaning their property and debts. It ensures that bills, particularly tax bills, are paid and that the beneficiaries are alerted to bequests. Depending on the size of the estate, probate takes several months to be complete. Take care of the estate: This means paying certain bills of the estate (your estate attorney will advise you on which ones to pay now and which to pay after probate is complete), making sure the real estate is appraised, inventorying the contents of the home and all property, and readying the home to be sold, if necessary. Follow the deceased’s wishes: Once probate is complete, you are free to allow the beneficiaries to take possession of their bequests. If your state allows for personal representatives to be paid for their duties, you will now be paid from the estate. Be sure to provide beneficiaries with copies of the will, the death certificate, and the final probate paperwork to help them take legal possession of real estate and other property. Get more information about these duties from the estate...

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Why Go Through Through The Court For Child Support?

Posted by on Mar 31, 2017 in Uncategorized | Comments Off on Why Go Through Through The Court For Child Support?

If you have a great relationship with your ex then you may feel as if the two of you will do fine just having your own verbal agreement on child support. While this can end up going fine, or maybe even going great for a length of time, it can also turn around and end up badly for one or even both of you. You can learn about some of the reasons why having a legal agreement for child support in place is a good idea by reading this article. Things can change at any moment with regards to your relationship One of the things you need to consider is when you are no longer with someone it’s hard to know when things will change due to changes in their life. For example, the two of you may have everything worked out perfectly and then they get a new mate. The new mate can tell them they are being taken advantage of and get in their head. The next thing you know the two of you can start getting in big arguments over child support. Having a legally binding agreement in place can prevent both of you from even finding yourselves in this situation. There is someone to make sure everything goes smoothly When you have had the court validate the amount of child support paid every month, there is someone there to oversee that everything goes as it should. If at any time one party stops paying what they are supposed to or the other party tries to demand more than what is stipulated, then the other can go directly to the court and ask for assistance with regards to straightening out the issue. It’s nice to know that there is a go-to party to turn to if things start to go wrong with regards to the child support plan. Child support can be changed through the court When the child support order is set through the court it doesn’t mean that the amount is set in stone forever. If the person paying support suddenly loses their job they can still go to the court and get the amount lowered so they don’t fall behind and find themselves in legal trouble. However, the court will still be there to make sure the person getting support is still receiving a fair amount of help and not being taken advantage...

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Have You Made These Bankruptcy Filing Mistakes?

Posted by on Mar 22, 2017 in Uncategorized | Comments Off on Have You Made These Bankruptcy Filing Mistakes?

Bankruptcies are not as clear cut as they seem. There is a great deal of paperwork involved and if you make one mistake, the judge could dismiss your filing. If that occurs, you could be faced with legal challenges from your creditors. To keep your bankruptcy moving forward, you need to avoid the following mistakes.   Paying Creditors Before Filing Although it might seem logical to try and pay off some of your debts in the immediate period leading up to a bankruptcy filing, it can actually hurt your case. When you file, a trustee will review your financial history. If he or she believes that payments made to certain creditors were questionable, he or she could send a formal notice requesting the return of the payment.   For instance, if you paid your parents back for a loan, the trustee could view this as an attempt to play favorites with your creditors. As a result, the trustee could ask your parents to return the funds.   If you must pay a debt before filing, talk to a bankruptcy attorney before doing so to determine if the payment could be seen as questionable.   Failing to Pay Taxes One of the possible delays you could face in your bankruptcy case relates to your taxes. As part of the review of your financial history, the trustee will verify that you have filed your taxes over the years. If you have any tax returns that were not filed, your case could be delayed or denied.   Before filing, review all of your tax records and ensure that the taxes were filed. If there are any years missing, now is the time to file those returns. You will likely face late fees and other penalties, but your bankruptcy should not be derailed.   Transferring Assets to a Family Member In an effort to recoup some of the funds that are owed to creditors, the trustee could seize some of your assets and liquidate them. Knowing this, some people try to transfer some of their assets to family members to hide them from the trustee. Of the many mistakes you could make in a bankruptcy, this is one of the worst.   If the trustee finds out about the transfer, he or she might believe that you were attempting to commit fraud. If that happens, not only could your bankruptcy be denied, but you could face fraud charges.   To avoid these mistakes and the many other sins that could lead to a delay or denial, work with a bankruptcy attorney like Fessenden Laumer & DeAngelo, PLLC on your...

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Getting Additional Car Accident Evidence in Your Favor

Posted by on Mar 14, 2017 in Uncategorized | Comments Off on Getting Additional Car Accident Evidence in Your Favor

If you’ve been involved in an accident without many public witnesses, it can be hard to prove your point. There’s evidence that police will gather that can determined what happened, such as skid mark direction, the area of vehicle damage and toxicology reports. There still may be some room for doubt, and since you have some insight into the incident, you should start looking for other areas that could hold evidence. Without disturbing said evidence, here are a few angles to consider after being involved in an accident when evidence can make the difference.  Local Business and Facility Recording Was your accident near any businesses, or at least within line of sight? Many security cameras point within their own property, but may have cameras facing major roads that could single out a collision. It may be blurry in some cases, but if you’re sure it wasn’t your fault and simply need more proof to show the other party’s fault, the footage can help. Before canvassing for evidence, you’ll need to be prepared to receive the evidence. With cameras, you’ll likely only get a copy rather than the original. If someone tries to get you an original, by all means be positive about the situation and arrange for the evidence to go to your lawyer or law enforcement with your lawyer present. If you accept the evidence without proper authority, it’s too easy for the other party to claim that you tampered with the evidence. Such tampering can be detected and debated if you didn’t do anything, but it’s a delay that you don’t need and an issue that you can avoid by going through the proper channels. You have few concerns if you simply receive a copy, and even if the original is surrendered to authorities, you can still ask for a copy for your own records. For newer security cameras, having a USB storage device/thumb drive to copy information is fine. You should also have a CD or DVD-holding book or set of cases in case the system uses discs. Lucky Recording on Smartphones Don’t underestimate the speed and quality of passersby. Your accident could have been recorded by someone’s dashboard camera or by a passenger just recording the day. The next best thing would be recording after the accident, which can show what happened before cars were moved out of the way if positioning is being questioned. Social media is your friend here. The people with the evidence can come forward easily through Facebook, Instagram, Twitter, or other social media platforms and garner a bit of social attention through sharing. It’s news, after all, and they’ll have an interesting scoop with someone involved with their video. Contact a car accident lawyer like those at Brownfield Law Office and discuss the evidence you plan on tracking down, along with anything you may have found...

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What Happens if Your Spouse Never Responds to the Divorce Papers They Were Served?

Posted by on Mar 9, 2017 in Uncategorized | Comments Off on What Happens if Your Spouse Never Responds to the Divorce Papers They Were Served?

When you finally reach the last straw and decide to serve your spouse with divorce papers, there’s a huge sense of relief that follows. But this sense of relief can be short-lived if, like many obstinate spouses, yours does not respond to the divorce papers in any way. They have not signed and returned the papers, and they refuse to communicate with you about the divorce that you so desperately want. This situation can be incredibly frustrating and emotional, but it’s important that you take a deep breath and maintain your composure. Here’s what will happen—and what you need to do next. Make sure the papers were legally served. Simply dropping off the papers at your spouse’s residence, mailing them to your spouse, or giving them to a friend to deliver does not legally count as “serving them” in most jurisdictions. In most cases, either you or a police officer need to have legally handed the papers to your spouse in order for them to be considered served. If this is not how you provided your spouse with the papers, then you need to obtain a new copy of the divorce papers and contact your local police station to have them formally served. Otherwise, your spouse could just argue that they never saw the papers—and there’s no proof otherwise. File for a motion to proceed without your spouse’s participation. Once your spouse has been properly served with divorce papers, he or she has 20 days to respond by signing the papers and turning them into the court. On day 21, if your spouse has not responded, you can file a motion to proceed with the divorce in your spouse’s absence. You’ll typically need to go to your county courthouse to do this. They may process your motion that day, or you may need to schedule a court date and have a judge approve your motion to proceed in your spouse’s absence. The divorce proceedings will go on without your spouse. Once your motion to proceed has been approved, it will be too late for your spouse to participate—even if he or she changes their mind. You and your attorney will present all of your information, financial and otherwise, to the court. Your spouse may be subpoenaed to provide certain info, but he or she will not get the chance to “argue their side” in divorce court. The judge will decide, based on your testimony and the information provided, how the assets should be fairly split and who should be awarded custody of the children. If your spouse has not replied to your divorce papers, don’t get too worried. As long as you apply for a motion to continue without your spouse, your case can be heard—and the judge will make a fair decision based on your testimony only. Learn more by contacting attorneys through firms like Begley Carlin & Mandio...

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Why Having A Personal Injury Attorney Increases Your Chances Of A Better Settlement Offer

Posted by on Mar 6, 2017 in Uncategorized | Comments Off on Why Having A Personal Injury Attorney Increases Your Chances Of A Better Settlement Offer

If you have recently sustained injuries that resulted in lost wages, hospital and doctor bills, and an intense amount of pain and suffering, you most likely want to make sure that the responsible party is going to financially compensate you with a nice settlement offer. Settlements are great because they provide you with the quickest access to cash that you may desperately need. However, you want to make sure that you are retaining a personal injury attorney to assist you with the collection of this offer in order to obtain the best possible deal. They Know You Mean Business Right away, you want the guilty party to know that you are taking this very seriously and so should they. With an attorney by your side, it is obvious that you are going to have more information regarding your rights and how much money you can really get from them. This tells the guilty party that if they are not able to reach a settlement agreement that you like, you will be more likely to push the issue all of the way to the court house for a judge to decide on the case. They may not want that because of the possible negative publicity that would come from the case and the entire thing would cost them more money. The Stress Is Taken Off Of Your Shoulders It can be hard to try to figure out what to say, how to say it, and when to say it when you are trying to handle your own personal injury case. After all, a few wrong words can ruin an entire case so you need to be extra cautious. Generally speaking, hiring a skilled personal injury attorney will allow you to no longer have to worry about that. Plus, you will be able to put forth more effort into resting and following all of the orders from your doctor. You will simply wait to hear back from your attorney with any offer that is put forth by the guilty party. You can then discuss whether you want to accept that offer or reply with a counteroffer in order to receive compensation that is more in line with what you deem as fair. It is important to make sure that you are hiring your personal injury attorney, like Bennett & Sharp PLLC, as soon as possible. The sooner you can have an expert handling the case for you, the sooner you will end up with the result you...

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What Can You Do To Try To Avoid Being Part Of A Traffic Injury Or Fatality Statistic?

Posted by on Mar 2, 2017 in Uncategorized | Comments Off on What Can You Do To Try To Avoid Being Part Of A Traffic Injury Or Fatality Statistic?

Automobile-related fatalities are the leading cause of death among people aged 3 to 33, according to statistics by the National Highway Traffic Safety Administration (NHTSA). However, studies also indicate that drivers could be doing more to protect themselves and others from the dangers of the road. Here are the most common causes of traffic accidents and what you can do to prevent becoming part of the statistics. 1. Distractions A lot of people equate distracted driving only with texting, but it isn’t quite that simple. Texting while behind the wheel is certainly one example of distracted driving—however, so is talking on the phone, trying to work the GPS system while in motion, looking for a better channel on the radio, eating lunch after running through a drive-thru while navigating traffic on the way back to work, and chatting with friends about your plans. 2. Speeding Speeding is actually the second most dangerous traffic habit. However, it’s important to understand that speed limits aren’t arbitrarily assigned—they’re actually researched and designed to accommodate the traffic patterns on the road with the maximum efficiency and minimum fatalities. Keep yourself under the speed limit by watching for posted changes, especially in urban areas where school zones and rush hour traffic can cause the maximum allowable speeds to vary depending on the time of day. That helps reduce auto-pedestrian accidents as well. If you have to pass a slower vehicle, like a bus, make sure that you do so when the bus is in motion, not letting passengers on and off. 3. Fatigue Driver fatigue, also known as drowsy driving, is one of the top causes of accidents in the United States. At a certain point, sleep deprivation becomes similar to intoxication—and drowsy drivers can fall asleep even while traveling at high rates of speed. You can avoid being a drowsy driver by trying to get more sleep (drivers who get 6 hours of sleep or less are at the most risk) and making sure that you don’t allow any sleep disorders, like sleep apnea or insomnia, to go untreated. In addition, if you find yourself yawning, drifting across lanes, hitting the rumble strip, or missing your exits, consider pulling off to the side of the road to nap before you go any further. If you’re on a long trip, prevent drowsy driving by making frequent stops to get out of the vehicle and stretch or plan to break the trip out over a couple of days. While you can do your part to avoid being part of the problem, you may still not be able to avoid being in an accident with another, less safety-minded driver. If that happens, consider contacting a car accident attorney for advice on what you might need to do to recover fair compensation for your...

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Is it Possible to Get More Money if Your Condition Worsens After Settling With Workers’ Comp?

Posted by on Jan 6, 2017 in Uncategorized | Comments Off on Is it Possible to Get More Money if Your Condition Worsens After Settling With Workers’ Comp?

Most people settle their workers’ comp claims with the expectation their injuries would heal. Unfortunately, sometimes things happen and the person experiences additional and often unexpected medical problems related to the injury. Since their claims have already been settled and closed, people in this situation may wonder if it’s possible they can reopen their cases and get more money. It depends on the circumstances. Here’s what you need to know about this issue. Clincher Deals One thing that will have a major impact on whether you can get more money for your worsened condition is whether your settlement included a “clincher” clause. Also known as a “full and final release” or “compromise and release”, this clause basically states the only money you’ll get from workers’ compensation insurance for your injury is what you negotiated for at the time your case was open. Essentially, this clause forces you to give up any rights you may have had to future compensation related to the same injury. Before you do anything else, peruse the settlement papers you received for your claim to determine if it includes this clause. Don’t be disheartened if it does. It may still be possible to defeat this clause in a few different ways. First, clincher deals aren’t legal in every state. For instance, Minnesota doesn’t allow final release agreements except in very rare instances. It’s a good idea to contact an attorney who can help you research the laws in your state to determine if the clause is allowed. If it isn’t, then you could file a lawsuit to have the court overturn the clause so you can reopen your case and request more money for your ongoing medical costs. Second, even in states where clincher deals are allowed, these agreements often must be approved by a judge or the workers’ comp board. For example, the Workers’ Compensation Appeals Board must approve all compromise and release agreements in California. If the agreement wasn’t approved or the contract doesn’t adhere to the requirements of the law, it may be possible for you to get the settlement voided and reopen the case so you can negotiate a new agreement.  A third way to get around this clause is to prove there was some type of fraud involved in the settlement of your claim. For instance, if your employer lied about the facts which resulted in you obtaining less money than you would’ve been awarded, you can have the clause set aside and get your case reopened. It’s important to note that this can be challenging to do, especially if several years have passed since the case was heard. It’s essential that you have evidence of wrongdoing before proceeding with this option. Statute of Limitations If your contract doesn’t have a full and final release clause, then you are typically able to reopen your case to get more money for a worsened injury. The challenge here, though, is that the state may limit how long you have to reopen your case after it’s been closed. In Washington, for instance, you have seven years from the date your claim was first closed to petition the court to reopen it. Additionally, you typically must be able to prove that your condition deteriorated significantly since the time when you settled your claim. This...

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