If anyone has taken the time to read some of the warnings printed on products or in user’s manuals, the inevitable conclusion is that someone must have actually “done” some of the harebrained things listed as being a hazard (and sued over it) or it wouldn’t be mentioned. This should give one pause when thinking about the law and how it is supposed to protect us from grave injustices and remedy personal injury wrongs, etc.

Sadly, a great many businesses these days are under a virtually constant threat of being sued for something; incidents that could range from scalding coffee being spilled, to a person slipping, tripping and falling outside a business. Some of these lawsuits may very well be frivolous, some may not. Really, most businesses these days need to know what to do about customers or clients blaming them for client errors or things beyond anyone’s control.

Nowhere is this risk more evident than when it comes to products liability cases. In this area of the law, manufacturers are in the position where they must tell an end user how to use their product, and how “not” to use it. They are also required to warn people what may happen if they misuse an item.

Gone are the days when a product maker could assume a consumer would use the product for its intended purpose. Nowadays, the things people think of to do with some products are utterly unbelievable and may cause serious personal injuries or death.

Manufacturers are now in the awkward position of trying to “guess” what a consumer “may” do with their item that could harm them. Quite a stretch of the imagination in many cases, but that is how far the law in this area has gone. For example, who would have thought that a consumer would use a portable chain saw propped up at the top end of a metal pole to try and trim tree branches or use a hair dryer while asleep?

Simply put, the law in the 21st century mandates that a business protect itself from some really ridiculous happenstances. After assuming the worst case scenario, a business must then guess what might happen and then issue a warning. In instances like this, it’s obvious that manufacturers are going to have to also assume their consumers are none too bright. However, having said that, there is a large gap between what products liability law says and how it gets applied.

Thankfully the law doesn’t say that a business has to guard against personal injuries or a death as the result of a consumer’s bad or poor judgment. However, when a case gets to court, it may be a different story and the consumer will triumph. For this and many other reasons, it only makes good common sense to discuss any personal injury case or products liability case with a skilled personal injury attorney.

It’s best to make sense of a bad situation in the eyes of how the law is applied prior to assuming something that might not be the case in actual practice when all is said and done. Put another way, have a well seasoned business attorney create systems, procedures and company policies to deal with those “frivolous” cases that defy explanation to even a reasonable person.

To learn more, visit Lawbarron.com.

Although the CLASS Act is buried deep in both bills and has garnered little media attention, its potential impact is significant, making real changes to the way seniors may pay for long-term care.

The CLASS Act would, for the first time, create a federally run long-term care insurance program. Funds for the program would be provided by premiums deducted from workers’ paychecks. After paying premiums for five years, qualified individuals would be entitled to a modest daily benefit of between $50 and $75. In order to qualify for the benefit, individuals would have to require assistance with two aspects of daily living, such as  bathing or dressing.

Proponents of the measure see several advantages for seniors, adults with disabilities, and their families. The first of these is that the benefit paid by the program could be used at the discretion of the beneficiary. This stands in contrast to Medicaid, which must be used for nursing home care. Individuals receiving a benefit from the proposed plan could use it to pay for in-home care or to outfit a home for accessibility, thus allowing more people to stay in their homes. The cash benefit would provide more flexibility for families who do not wish to place loved ones into nursing homes.

Currently, very few Americans have long-term care insurance. As a result, Medicaid pays for about 40% of all care for seniors and individuals with disabilities. As these costs increase, the burden on states, the federal government, and families continues to grow. The price of nursing home care varies by location, with the national average hovering around $90,000 per year and some areas seeing costs of up to $200,000 per year. Medicaid also requires that individuals “spend down” their assets in order to qualify. According to supporters of the act, keeping more people out of Medicaid and in their homes would lessen the burden on families and taxpayers.

Some skeptics are concerned about the new program’s long-term solvency and potentially low enrollment. Supporters agree that whatever the final manifestation of the plan, it must pay for itself. In order to address concerns about cost and participation, some critics have offered suggestions such as requiring employers to offer payroll withholding, giving tax benefits for premium payments, and imposing a penalty for delayed enrollment, similar to that in Medicare Part D.

Although the CLASS Act remains in each of the health reform bills, its passage and the shape it will ultimately take still remain in question. However, the act deserves attention. If it does ultimately become law, it has the potential to make serious changes in the way individuals and the country as a whole pay for and provide long-term care.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more, visit Littmankrooks.com.

It was a case that rocked the legal landscape and rightfully so, as it involved a very unusual manner of wrongful death; death by consuming too much water, or water intoxication. “This isn’t something that happens too often, and this wrongful death left three young children without a mother, and a grieving husband behind,” said Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.

It started out innocently enough when Jennifer entered a local radio station contest to win a Wii. The whole idea behind the contest was that those entered were to drink as much water as possible without urinating. If they won, they’d win a Nintendo Wii gaming console. What a perfect prize for Jennifer’s three kids.

The contest went as expected, with everyone drinking copious quantities of water. “Jennifer downed just about two gallons in just over three hours. She did so in good spirits, but did complain to the disc jockey’s that she was in pain,” Monroe added. She didn’t win the Nintendo Wii; she took second place and won a pair of concert tickets.

During the show there were a number of phone calls from listeners, issuing warnings that drinking too much water was dangerous and could cause death. Evidently at some point, one of the disc jockeys expressed awareness of the proposed danger, but contestants had signed a waiver, relieving the station of responsibility. After the contest was over, Jennifer left, called in sick to work, went home and died in her bathroom.

“When the case finally came to trial, two years later, plaintiff won a verdict in the amount of $16.5 million for Jennifer’s wrongful death,” explained Monroe. The husband expressed hope that the verdict will send a message to other corporations and to the public that this type of “accident” was preventable; the radio station had ample information about the possibility of water intoxication death, months prior to the contest, and proceeded anyway.

The defense suggested Jennifer should bear responsibility for knowing that drinking water, excessively, could be deadly. However, the plaintiff’s attorney pointed out she acted as any normal person would in the same situation. The jury found the phone calls to the station the most damning evidence against the station in reaching their decision to award damages to the plaintiff.

“Over the last two years, the victim’s husband has been taking life one day at a time, one step at a time. Trying to live without his wife and the mother of his three small children has been difficult to say the least. The family financial responsibilities had to be met; expenses for three small children are never ending,” added Monroe.

In other words, life goes on. The family had to struggle with funeral expenses while coping with the loss of a loving companion and parent. “It was a difficult time for them; lawsuit funding might have eased their financial burden during difficult financial and emotional times, while waiting for justice through settlement or jury verdict,” commented Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.

People in situations similar to that faced by the Stranges may be eligible for cash advances against their personal injury or wrongful death cases. Litigation funding alleviates the pressure to settle early and cheaply; it gives the attorney precious time to pursue the case and ensure the fairest possible outcome for the plaintiff,” stated Monroe.

To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

It’s when economic setbacks hit that one really finds out how well run a business happens to be. It’s essential for them to be paid on time and get the money right to the bank. Now is not the time to cut corners on things like sound advice from a Sacramento business lawyer. It doesn’t cost that much to draft a set of tightly knit terms and conditions to make sure the company is running well and in the black.

There are definitely several matters that need to be included in such a legal document. One of those is to make sure the terms and conditions laid out are the terms of the actual “business” for performing and delivering on its contract, not the terms of clients or customers.

=Definitely lay out very precisely when payment is expected for services or products. Chances are the terms the company was initially following were a tad too generous. For example, many invoices state payment is due 30 days after the date the invoice was sent.

Doing the math will reveal that those terms may delay payment by up to two months. This is a serious impediment to cash flow, so reducing the payment period to 14 days makes a great deal of sense, and this is something a Sacramento business lawyer will explain. Since cash is what drives a business and keeps it afloat, tightening up the terms and conditions of payment is a smart business move.

While some companies feel that charging interest on unpaid bills is “not the thing to do to upset a customer,” there is a legal right to charge for that interest. When doing this, include all the pertinent details, such as the amount of charges and how they are applied, etc. Interest rates should also be laid out very clearly in any terms and conditions.

Never rely on a verbal contract because despite what people may think, it could end up being a binding contract. The terms of agreements made under those conditions are enforceable under some circumstances. Instead, have any contract entered written by a Sacramento business lawyer.

The terms and conditions have been spelled out clearly, or have they? This is something that needs to be checked. If the terms and conditions are not as clear as one would think, there may be ways to circumvent them. What any business should hope to accomplish with their terms and conditions is to have them so clear that there is no way they would land in court in the first place. This can be accomplished by an experienced Sacramento business lawyer.

Never assume that because any terms and conditions that have been written for the business are clear to customers or clients. This may not be the case. The firm has to take steps to ensure anyone that does business with it are totally aware of the terms and conditions under which the firm operates. This will go a long way toward avoiding any potential disagreements. With firm terms and conditions in place and by adhering to them, economic recovery is just that much easier in the long-term.

To learn more, visit Lawbarron.com.

It’s a fact that being in the construction industry is a nod to putting your life on the line to get the job done. No one wants to be hurt or injured while on the work site and most workers do use caution to avoid the most obvious of possible accidents. It’s the things that happen unexpectedly that may cause devastating personal injury or death.

Not all work site accidents are life threatening or serious. They may just relate to repetitive strain injury or pulled muscles from lifting the wrong way. Nevertheless, hazards continually stalk every construction site.
The most common accident on a construction site is falling. While the height might not be that great in terms of distance to fall, even a short distance may result in severe injuries or death, e.g. traumatic brain injury due to the head hitting a solid object. Falling objects are another very common happenstance at a work site. This could include everything from bricks to iron girders. Most often this injury comes as a surprise to the worker who suddenly gets hit from above.

Equipment failure or failure to operate it in the right manner is another area fraught with accidents waiting to happen. The older the equipment and the faster the worker tries to work, the higher the chances of an accident. As well, working on a construction site involves manual labor, often tough physical demands on a daily basis, which may result in lifting strains and overall wear and tear on a body.

Factor in chemical spills that may include lubricants, toxic cleansers, or other deadly substances that may cause either immediate problems (respiratory) or long-term difficulties, such as lung cancer. Along with spills, of course, come the real hazard of fires and explosions. What happens post-accident and how should those injured get compensation?

Post accident problems may include expensive medical bills, missed work and thus lost wages, inability to perform again at a pre-accident level, the loss of personal days and sick days to handle the injury, and the very real possibility that others on the construction site won’t want the “accident” reported, etc.
As you can see, it’s a real can of worms. This is why it is very important, critical in fact, to get a skilled Sacramento personal injury lawyer. They can run interference for you when it comes to dealing with insurance companies who don’t want to pay out on a personal injury claim. They will also explain your rights to you and what you may expect if your case proceeds to court.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

In 2001, registered nurse, Yuko Yamamoto, was hit by a taxi cab and knocked to the ground. She sustained serious injuries to her neck. Oddly enough, when she filed her lawsuit attempting to recover damages for pain and suffering, a judge said no trial was needed to deal with liability issues because it was obvious the cab driver caused the accident and was therefore at fault.

Since the question of liability was not at issue, the only issue that went to a jury was what amount of damages should she be awarded? “In this instance, as in a great many cases where neck injuries are involved, the jury is not able to “see” the damages and this may often mean a lower settlement because it doesn’t “look” all that bad, indicated Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.

Even with medical records that tracked her injuries and the significant pain that accompanies those injuries, a ride to the hospital in an ambulance, negative x-rays and her release home within a few hours, the jury struggled with an award. “There was proof of follow-up medical care, missed work, extensive chiropractic treatments, the results of a nerve conduction study, and an MRI that showed herniations and bulges at C3 through 7. There was pain and weakness, a 50% loss of extension and no surgery slated by the time of the trial,” outlined Monroe. However, none of this was observable at trial.

Unfortunately, many cases such as this get bounced out of the court room as judges feel the injuries detailed in the plaintiff’s lawsuit don’t meet what is referred to as the serious injury threshold required in car accidents in the state of New York, where this case was filed. Fortunately, even though the defendant asked to have the case dismissed, the judge on appeal held there was indeed enough evidence for a jury to come to the conclusion that the nurse’s injuries did meet the statutory standard.

“At this trial, the jury awarded $175,000 despite a request for $500,000 and despite the jury finding she had a significant limitation of her cervical spine and permanent limitation to the cervical spine. No money was awarded for future pain and suffering,” Monroe explained. On appeal the plaintiff offered evidence that she would need continuing chiropractic care and testing for an unspecified period of time at the cost of roughly $6,000 a year. The Appeals court affirmed the lower court’s decision; the original verdict stood, providing nothing for future pain and suffering.

While this may seem like an unusual conclusion – awarding damages for future medical expenses but nothing for pain and suffering – the appellate judge said the jury could have come to the conclusion that offering money for regular chiropractic adjustments would alleviate the nurse’s future pain. Interesting statement, but one that does not make much sense. Future suffering and pain should, absolutely, have been included in the award.

While all of the back and forth, legal wrangling was going on, Ms. Yamamoto had to pay her usual bills, not to mention the out-of-pocket expenses of ongoing chiropractic treatment. Even though she was able to carry on with some of her duties, do some housework and play with her child, her range of motion was significantly limited. “One thing she could have considered was accessing litigation funding. And certainly that option may still be open to her should she consider appealing once again,” Monroe added.

“Contacting a lawsuit financial company with a good reputation and qualifying for funding would make her wait a lot easier. Lawsuit funding removes the pressure to settle early and inexpensively and allows the attorney the time he/she needs to get the litigant the fairest possible result,” said Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.

To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

While it might seem like a straightforward thing to do – setting up a company – there are a lot of options that you may choose from and that becomes confusing without the assistance of a Sacramento business lawyer. This is even more essential if you don’t happen to have a lot of experience running or setting up a business.

The bottom line is that you might be really surprised to discover the various options you do have, each with differing tax consequences that will directly affect how you raise capital. Hang on for the ride and talk things over with a highly qualified Sacramento business lawyer, so you can get on with the business of doing business in a manner that is profitable.

The least complex arrangement for businesses happens to be sole proprietorships, and with an added bonus, they are also the least expensive legal entities to set-up. If you opt for a sole proprietorship, what you have is a company that is unincorporated and only owned by “you.” Being a sole proprietorship means you are not a distinct legal entity, so guess what, you don’t file annual business taxes, as they are incorporated into your annual personal income tax filing.

Another nice benefit of sole proprietorships is that the tax rate on your earnings is usually lower than the income of a corporation. Really though, this particular legal entity is mostly for solo owners and consultants, etc. It is not suited for a business with more than one person or for one trying to source capital from “Angel” investors. There is one thing you should be aware of as it relates to debts incurred during the operation of the business. Sole proprietors face unlimited liability for any debts. This is just one of the reasons you need to consult with a skilled Sacramento business lawyer.

If you’re setting up a business with two or more people, this would be classified as a partnership. A partnership is an unincorporated venture and is also not a distinct legal entity. Any profits or losses in this situation are included in the partner’s personal income taxes and then billed according to the “Articles of Partnership.” In this instance, there is a contract between the partners.

When it comes to divvying up the losses and/or profits, the “Articles” kick in and outline how this is to take place. They also settle on a partnership name, date of partnership formation, the length of the partnership, and how any disputes are to be handled, should they arise. While this may not sound too bad on the surface, there are some drawbacks which need to be thrashed out with your lawyer. For instance, partnerships aren’t very helpful raising investment capital and they face unlimited liability for the all the debts of the total partnership. Put another way, if one partner can’t meet an obligation under the “Articles,” the others are then liable for the obligation.

Something else that not many people are aware of is that if you form a partnership, the actual business entity – the partnership – is limited to the physical lives of the partners who formed the company.
This is a lot of information to absorb as you are trying to set up a business. Make sure you consult with a fully qualified and expert Sacramento business lawyer to find out what your options are and how they will benefit you before making any decisions.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

The facts of this case are that the littlest member of the Rutherford family, Jared, was born in 2001 with shoulder dystocia, a result of medical negligence during labor and delivery. In this instance, the injury was permanent. Jared experienced pain and suffering, disability, disfigurement, loss of normal life and medical expenses as a result of his delivery. His first eight years on Earth had been difficult ones for him.

The foundation of this medical malpractice case was that the two attending doctors for Mrs. Kara Rutherford should have known the baby would weigh more than 10 pounds at delivery. As it was, the baby’s shoulder got stuck behind his mother’s pubic bone after his head was delivered. This meant his body did not easily follow the head during delivery. This complication caused a stretching injury to the nerves in Jared’s shoulder.

In reading further about this case, it is clear that there were other allegations that came into play, including failure to decide if a vaginal delivery was safe for Mrs. Rutherford, failure to do any appropriate testing and failure to use delivery techniques to reduce the risk of harm to the baby.

Furthermore, the plaintiff alleged the doctors didn’t appropriately dislodge the baby’s shoulder once it was stuck; instead they pulled and twisted the child. In addition the doctors also did not tell the parents the delivery could be hazardous to the child, nor did they offer Mrs. Rutherford the option of having a cesarean section.

In a nutshell, the case was a contentious one, and thousands of hours were spent in court laying a foundation to an eventual award for the Rutherfords of close to $900,000. This award was broken down into $228,084.88 for past medical and health bills; $255,600 for future health expenses and medical bills, $110,000 for loss of future earnings and $300,000 for past and future pain and suffering, disfigurement and disability.

During the period the Rutherfords waited to get their case resolved, they were faced with ongoing medical expenses on behalf of Jared in addition to their usual household expenses. Even with one or both of the parents working, the medical bills would have continued. Had the Rutherfords known about lawsuit funding, they may have had an easier time handling all the necessary everyday expenditures without the crushing worry of how the bills were going to get paid.

This kind of situation does not need to happen. In many cases, help is a phone call away. Do online research on litigation funding. You may qualify for a cash advance against your personal injury case. Lawsuit funding may be used to pay important bills such as car payments, mortgage payments, tuition, food and medical bills. Find a reputable lawsuit funding company that will provide the financial assistance necessary to permit you to wait for a fair and equitable verdict in your personal injury case.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

While many think that whiplash is a silent wound and not that serious because it’s not visible, it is one of the more common injuries sustained in car crashes. Whiplash damage turns the most mundane of tasks into a painful activity and affects daily living. This is why a great majority of whiplash victims tend to file personal injury claims with a Sacramento personal injury lawyer.

What usually happens when two vehicles collide is that the impact causes you to be propelled forward rapidly (acceleration) then slapped backwards suddenly (deceleration). This whipping movement strains back muscles, shoulders and the neck, violently pulling these muscles out of shape.

Whiplash symptoms don’t always show up immediately. It may take a couple of days for the victim to realize what has happened. This kind of damage also takes a long time to heal, depending on the violence of the impact. When it comes to whiplash injuries, no two people are alike and they may act and react differently to the injury, based on their pain threshold and the flexibility of their neck muscles.

Hit from behind? If that is the case, then the person who collided with you is always liable for the crash. If you suffered whiplash because of this accident, then in most cases, you have the option to file a whiplash injury claim. If you’re not certain what to do, speak to a highly skilled Sacramento personal injury lawyer.

While there are places that represent themselves as being a whiplash claims company, you are best advised to speak to a qualified Sacramento personal injury lawyer who knows the law. When it comes to the possibility of negotiating a settlement with the insurance company or even proceeding to court, having a competent Sacramento personal injury lawyer representing you will go a long way toward a fair and just settlement.

Whiplash claims companies are only in the business of collecting information to pass along to an attorney. Why waste time and money with these claims companies when the first consultation with a knowledgeable lawyer is free?

Some of the things that your Sacramento personal injury lawyer would discuss with you are the details of the case, find out how much time you lost from work, get your medical records and get a detailed list from you about any other expenses you had to pay out of your own pocket, e.g. massage therapy or paying for a neck brace.

While it’s true that getting compensation won’t take the pain away from a whiplash injury, it will help pay for lost wages, doctor’s bills and other expenses. This is one of the main reasons you need to consult with a Sacramento personal injury lawyer to know what your rights are in relation to a whiplash claim.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

In most instances where a lawsuit is going to take a long time to settle, the plaintiff may find themselves in a real bind financially. Whether the suit involves injuries sustained in a car crash, a slip and fall case, from a defective product, an on the job injury, or as the result of medical malpractice, waiting for a resolution may be a painfully long and drawn out affair. In the meantime, how does the plaintiff pay their bills and get on with life as they now know it?

Some people may well have access to the resources that would keep them stable until a verdict is delivered in their case. Not everyone is that fortunate however. For those who have a meritorious lawsuit, the plaintiff may be dealing with a waiting time of months or years. Yes, years and this will definitely put a crimp in your ability to pay bills, as you may not be able to work any longer. Your accident may have turned the whole family structure upside down if you were the sole breadwinner and are now unable to hold a job. How will the bills get paid, and who will pay them?

These are good questions, and questions that nightmares are made of when plaintiffs are waiting for their cases to wind their way through the court system. While they may despair when thinking of how to handle their finances, there is a solution that may suit them to a T; a lawsuit pre-settlement loan.

Here is how a lawsuit pre-settlement loan works. It’s fairly simple. A company buys an interest in a pending meritorious lawsuit by giving cash loans to the plaintiff. This loan, plus fees and interest, is then paid back “if” the plaintiff wins their case. While this sounds simple on first blush, you should know that not every plaintiff that may apply for this type of funding is approved. This is due to the fact that lawsuit settlement loans are regarded as non-recourse funding.

Non-recourse funding mean if you lose your case and the judgment is in favor of the defendant, you are not obligated to pay the loan back to the company that lent it to you. Yes, you read that correctly. If you lose your case, you don’t have to pay the money back. You can see why a lawsuit settlement loan provider would make sure they don’t take frivolous cases.

Keep in mind that if you do win your case and are required to pay back the loan, plus fees and interest, you will be looking at a fairly high fee. This is because the loan provider is taking on a significant risk and their fees would reflect this. The fees do vary and its best you discuss that matter with the company you choose to approach. There are other facts and figures you would need to know before making a decision that lawsuit funding would be the right thing for you.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.