Posts by George

Divorce: Dividing Assets and Properties

Posted by on May 13, 2015 in Assets

There is no way to sugarcoat the process of divorce. Going through one will surely be a trying time. No matter how amicable the decision, a couple that have decided to end their union and file for a divorce will be going through a lot emotionally and psychologically. The stress of the situation doubles when couples have to take into consideration the many legal issues they have to come in agreement on. Among such complications include the decision on how they will have their shared assets and properties divided.

According to the website of divorce lawyer from Arenson Law Group, PC, divorcing couples can decide on their own how they would like to have their assets and properties divided. However, in most cases, such decisions come to an impasse and the possibility of coming to an amicable arrangement is lost. Property division and other financial concerns are typically very hotly contested issues during divorce proceedings. There is usually plenty of baggage when couples have to decide what to do with their assets and properties, especially if one spouse had been financially dependent on the other. When this happens, the court—with the judge acting as executor—will have to step in to make the decision for the couple. It is fundamental therefore to hire a highly trained lawyer.

The court divides a divorcing couple’s shared assets and properties after taking several factors into consideration. Ideally, family courts prefer to divide assets and properties equally. However, this decision can’t always be applicable for most scenarios. The court will try to exercise fairness and examine the incomes and earning opportunities of each spouse. Factors like the age and health of each spouse can also be taken into consideration. Sometimes, family courts will also consider the how long the marriage lasted. If the couple has children together, the court will also make necessary provisions for the spouse that had been granted with physical custody.

Generally, the court will take into consideration specific details that will help them determine the best decision for a given situation. It can take some time before a judge can definitively decide how to divide a divorcing couple’s shared assets and properties. This can cause a lot of stress for the individuals involved in the process, particularly if the divorce is already antagonistic from the start. It will help if the couple can seek out experienced legal counsel on their own to learn more about how they can ease the process.

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US Statistics on Accidental Amputations

Posted by on Jan 19, 2015 in Personal Injury

We understand that loss of limbs can easily happen in serious accidents, but we don’t really know what it does to a person who undergoes accidental amputations until it happens to us. People tend to avoid thinking about horrific possibilities because it stresses them out, which is why it is so traumatic when it does happen.

Amputations are defined as the disconnection of an appendage or limb from the body in a surgical or traumatic event. Non-traumatic reasons for an amputation may be due to prevent complications due to poor circulation to the affected appendage leading to tissue necrosis (gangrene) or for a current infection that is not responding to antibiotics. Approximately 200 people have surgical amputations. Traumatic amputations, on the other hand, are usually due to some type of accident, and this happens to about 30,000 people annually. About 2 million people live with an amputated limb, a quarter of which is due to accidental amputations, of which 70% involve upper limbs.

An accidental amputation may involve part of a finger or toe or it could involve an entire leg or arm. This may be due to vehicular collisions, work-related incidents, explosives or firearms, electrocution, or building accidents among other things. The amputation may be sudden, such as forceful separation at the time of the incident, or eventual, such as when the limb of an accident victim is pinned for a considerable period preventing the blood from circulating, leading to tissue death. The latter makes amputation medically necessary.

The most common cause of accidental amputations are vehicular accidents, and to make matters worse, 22% those who have lower limb amputations are readmitted to the hospital for complications within 30 days. As pointed out on Habush Habush & Rottier S.C.® website, major limb loss racks up huge medical and related expenses and this is made worse by complications.

Accidental amputations can mean considerable loss not only in the physical, emotional and psychological sense but also financially. When it is due to the negligent act of a third party, it just makes it worse knowing that it was completely preventable.

If you suffered a negligent accidental amputation, it’s just right that you sue the responsible parties for compensation of your losses. Consult with an experienced accidental amputation lawyer in your state to take matters in hand.

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Theft in Texas

Posted by on Oct 27, 2014 in Criminal Defense

There are many kinds of theft under Texas law, and even under the same kind there are different levels that dictate the kind of punishment that a convicted defendant will have to face. For example, identity theft is one type of theft if it leads to the use of identifying information to get something of value, but it is not a physical object as we normally associate with thievery. The same goes for copyright or piracy crimes.

By definition under the Texas Penal Code (Ann. § 31.03), theft is the unlawful appropriation of property with the intention to take it away permanently from the owner (paraphrased). In layman terms, you have committed theft if you take something that isn’t rightfully yours without planning to give it back without the consent of the owner or without any acceptable justification under the law. There are fine shades to this definition as competent Austin criminal defense lawyers will be quick to detect but which may not be apparent to the untrained eye, which is the reason why it is advisable to consult with a criminal defense lawyer when charged with any crime.

Basically, the severity of an offense is directly proportionate to the financial value of the property or service that was appropriated but in some instances may also be based on the type of property taken. Below are some of the general classifications and criminal consequences for theft in Texas.

  • Less than $50 – Class C misdemeanor, fine up to $500, no jail time
  • More than $50 but less than $500 or property stolen was an identity card i.e. driver’s license – Class B misdemeanor, fine up to $2,000 and/or jail time up to 180 days
  • $500 or more but less than $1,500 – Class A misdemeanor, fine up to $4,000 and/or jail time up to one year
  • $1,500 or more but less than $20,000 or certain property such as livestock or firearms valued at less than $20,000 – state jail felony, fine up to $10,000 and/or minimum jail time of 180 days but no more than 2 years
  • $20,000 or more but less than $100,000 or certain property such livestock or firearms valued at less than $100,000 – Third degree felony, fine up to $10,000 and/or jail time of two to 10 years
  • $100,000 or more but less than $200,000 – Second degree felony, fine up to $10,000 and/or jail time of two to 20 years
  • $200,000 or more – First degree felony, fine up to $10,000 and/or jail time of five to 99 years

In addition to criminal penalties, a convicted defendant may also be held civilly liable under the Texas Theft Liability Act.

If you are being charged with theft, don’t try to sweet talk your way out of it because anything you say can be used against you. Seek the advice of a criminal defense lawyer in your area before making any moves.

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Low-T Therapy is not for Everyone

Posted by on May 3, 2014 in Medical Tests, Product Liability

Hormone replacement therapy (HRT), which is normally associated with women who are suffering through the effects of menopause or other health conditions that result in hormonal imbalance, is a risky proposition for either gender. The mechanism and effects of HRT is not well understood, which is why some doctors decline to put their patients on it until more is known.

But to hear the marketing pitch of drug companies to men who find themselves more interested in sleeping rather than sleeping with someone, Low-T medications is the easy solution for low libido and energy. Low-T therapy is not a magic pill and it definitely isn’t safe for everyone. This is the thinking that has landed a lot of men who believed the hype in trouble with their health, and fueled the recent momentum in testosterone supplement lawsuits. There are cases where Low-T therapy has had a beneficial effect on a patient, but there are no guarantees that it will not make bad to worse.

Although the products in question, specifically Androgel which is manufactured and marketed by Abbvie Inc., have been green-lighted by the Food and Drug Administration (FDA), the regulatory agency emphasizes that the approval was contingent on a finding that the low levels of testosterone is due to injury or health disorder. But the FDA is nevertheless currently conducting a review of these Low-T supplements.

The defendants in ongoing Low-T lawsuits, meanwhile, insist that the health risks of using the products are included in the warning label. It is suggested that the labels need to emphasize these dangers more strongly to prevent harm to at-risk patients. Ongoing studies outside of the FDA investigation are also looking at other health effects that these supplements may have.

If you have been prescribed with Low-T supplements which you believe may have caused your current cardiac problems, you should find a lawyer in your area with experience in handling product liability cases. Pursuing a case against a drug company is always an iffy situation; you want to deal with a law firm with an established reputation for getting results.

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Proving the Case: Going Beyond the Law

Posted by on Nov 24, 2013 in Criminal Defense

Knowing and proving are often two different things. One may know the law but may not be able to prove its relevance in a particular case. In the US, the prosecution has the burden of proof in a criminal or civil charge. All the criminal defense lawyer has to do is to disprove the evidence against the defendant, or to introduce reasonable doubt.

In jurisprudence, the reasonable doubt standard in the jury system is actually instructions to members of that jury that as reasonable people they must believe in the guilt of the defendant beyond a reasonable doubt. This may seem like a very vague and highly subjective standard, which is why in most cases brought before the jury or judge, it is important that the lawyer on either side is able to present their arguments persuasively and convincingly. It is not enough that the lawyer knows the law and how it applies to a case; the jury or the judge must understand and see it in the same way as well. This is not to say that lawyers have to deliberately mislead; rather, they need to be able to make the jury members or judge see the case from a particular perspective.

While perhaps not as dramatically portrayed as on television, in a real court case the bare facts of the case in point can take on a radically different meaning depending on how it is presented. The defense lawyer has to be able to find a plausible explanation for the facts as they appear to the advantage of the defendant. This is not to say that the prosecution’s interpretation of it is wrong; it merely suggests that another explanation is possible. And this introduces reasonable doubt. In a court case, it is important that the lawyer establishes a relationship with the client, the jury and the court officers in order to determine the right approach to a particular case. As pointed out by a co-counsel of Bryan Bleibdrey on the website of The Woodlands based BB Law Group PLLC, his interaction with the client and his cross examination of witnesses helped to prove the case in point.

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