Jones Act is a US maritime law that has been designed to make sure that all employees and members of the crew of any water vessel are protected against serious injuries due to negligence of the employer. Individuals who work aboard a ship or any type of water vessel is exposed to higher risk of personal injury or even death, particularly if the employer does not provide the right equipment or safety measures to ensure the wellbeing and protection of everyone onboard the ship. This federal maritime law makes sure that everyone who works on a sea vessel, from the captain to the crewman, will have comprehensive coverage if he is injured or has died due to employer’s negligence.
So who are qualified to get compensation under this maritime law? The Jones Act does not discriminate. You should know that you will have protection even if you work as a wiper, deckhand, cook, fish processor, housekeeper, engineer, mate, janitors, receptionists or anyone who works in any part of the ship. You are also protected by the law if you work aboard barges, tug boats, commercial fishing vessels, tour boats, tankers, tour ships, cruise ships. Not only crewmen working aboard ships and boats navigating the sea are protected by this law as even those who work in water vessels that travel in lakes, rivers, bays and other bodies of water also get coverage.

Loss of consortium, occupational and vocational retraining, past and future medical costs, past and future lost wages, past and future suffering and pain (including psychological suffering) are some of the damages that are covered by the Jones Act. It is worth noting that there are many instances when a person’s ability to work is hindered by serious illnesses or injuries. If this is the case, seafarers or mariners are entitled to damages for lost of employment or earning capacity if the serious injury incurred by the employee is proven to be due to the negligence of the employer.

Under the Jones Act, the employer of any person working aboard the vessel must ensure that the working condition in the ship is safe and is not exposing any member of the crew to injury. This means that the employer has to take precautionary measures, provide proper safety gears and equipment to prevent accidents and injuries. It is also worth noting that mariners are also protected by the law when they are injured due to negligence in the part of their fellow crew members.

About the Author
If you have questions regarding your protection under the Jones Act and would like to talk to a maritime lawyer, SMSH is available for a free consultation by visiting their website or calling 1-800-282-2122.

Are you thinking about filing for bankruptcy? This process can seem daunting and overwhelming in the midst of an already stressful time. Here are the basic steps in the filing process:
1) Review Your Finances & Compare Against Monthly Expenses

It is important that you know how much you owe and who you owe. Sort through all of your bills and create a list of all your creditors and how much you owe each of them. Many people avoid looking at this information because it causes more stress. Ignoring it will not make it go away. Although it may be stressful for you to face this list, it is the first step in organizing yourself. If necessary, ask a trusted friend or family member to help you compile the list. The most important thing is to make sure you have everything listed.

2) Attempt to Modify Any Outstanding Loans or Debts

Contact each of your creditors. Many of them will be likely to consider modifying your payment plans or accepting a lower payoff amount. Take the time to explain to them that you are trying to take care of your outstanding debts and that you hope to work together. Often times, the first person you get on the phone will not have the authority to accept a modified payoff or change payment terms. Don’t be afraid to ask for a supervisor. Be sure to keep good records of when you have contacted each creditor and what terms were discussed.

3) Be Aware of Any Upcoming Foreclosures or Judgments

When you are facing an upcoming foreclosure or judgments, it is important to know that you are now working against the court’s timeline. It is important to know what dates and limitations they have placed on you. If you are facing a foreclosure or judgments, it is very important to contact an attorney to assist you. They will be able to tell you the next steps you should take.

4) Hire an Attorney

If you are facing the need to file for bankruptcy, this is not a time to try to take on representing yourself. Creditors are very skilled at this process. They can and will do everything they can to make this process more challenging for you. Although the idea of spending more money on hiring an attorney may seem unreasonable at this time, it is the best first step you can take. Bankruptcy attorneys can walk you through the process and help you along the way, providing the much needed relief you are seeking.

5) Take a Credit Counseling Class

Part of the bankruptcy process will require you to take two credit counseling classes. These classes are necessary before your filing is complete, and one will need to be taken for your bankruptcy to be finalized. Your attorney can offer you a list of agencies that offer these courses. The cost ranges from $25 and up, per class.

Pre-Bankruptcy Credit Counseling: The bankruptcy law requires that you complete an instructional course concerning personal financial management in order to file bankruptcy. Your attorney cannot file a petition until you complete the course and obtain a Certificate of Completion from the Agency you choose.

Pre-Discharge Debtor Counseling: This course is to be completed after your credit counseling course is complete and you have filed for bankruptcy. You cannot discharge your debts until you complete the course and obtain a Certificate of Completion from the Agency you choose.

6) File Your Bankruptcy Petition

After you have completed the above steps, and your attorney has received all of the necessary documents, they will file your bankruptcy petition. The amount of time it takes to get to this point is often times up to how quickly you obtain all the required documents and get them to your attorney. Understandingly, it is often challenging to gather required documents, like pay stubs, W-2s, and other tax documents. However, your attorney can not move forward without them. Once the petition is filed, your attorney will advise you of the next steps.

7) Attend the 341 Hearing or Meeting of Creditors

Your attorney will let you know when the 341 Hearing or Meeting of Creditors is scheduled, usually about 30 days after your petition is filed. At this meeting your creditors will be able to ask you questions regarding outstanding debts. Although this meeting may sound scary and uncomfortable, you can be assured that your attorney will help you prepare for the process and will be with you throughout the meeting.

Obtain Your Discharge Order in the Mail

You should received your discharge notice in the mail approximately 60 days after the meeting of creditors, notifying you that your filing is complete. Note: Some debts are not subject to discharge, such as student loans. It is important that you are clear on what you still owe.

About the Author
Dustin Bower is the founder and owner of Bower Law Office, PLLC, http://www.bowerlawoffice.com. Dustin has experience in a wide range of legal areas, including bankruptcy, child welfare and advocacy, administrative law, criminal law, unemployment law, corporate law, and business litigation.

Your best friend, or someone you thought of as a friend, asked you for a loan of $2,500.00. You had the money, and you liked the guy, so you said okay. Two months have passed, and he bought a new house. You know he’s not hurting. You called him after you heard about the house and asked when he was going to pay you back. He said he had huge expenses now because of the new house. He said soon. Two weeks later you called again. Again he said soon. You just put the phone down. You’re tired of calling. He said soon again. What to do next?
This situation sounds like a case for small claims court. Here’s what you need to do:

1. Letter

Write your friend a letter. Tell him that he has two weeks to pay you back. Tell him you want to resolve his payment to you in a friendly manner, but if you do not receive a check within two weeks, you will see him in small claims court.

We’re hoping that the letter resolves the non-payment problem. If it does not, you’ll have to continue to step two.

2. File a claim

Go to your local small claims court and complete the forms. You can probably download the forms from your county’s small claims website. Submit the forms to the small claims court. The court will schedule a hearing.

3. Service of process

Your friend has become the defendant. He must be served at least 15 days before the hearing date if the defendant lives in San Francisco county. If the defendant does not live in the county, s/he must be served at least 20 days before the hearing date. A capable adult must serve a true copy of the claim. You cannot serve the defendant.

4. Evidence

You next gather all evidence to submit at the hearing. Evidence would include a copy of the cancelled check that you gave your friend and dates and notes of all phone calls that you made to him. You may want to take a photo of his new house.

5. At the hearing

Small claims courts are generally much more informal that other courts. The judge will ask you questions, and then s/he’ll ask your friend, the defendant, questions.

If you have presented the situation with evidence, the judge will probably rule in your favor.

You’ve won your case, and your friend is now going to pay you back, but suppose he doesn’t. Suppose he is a real jerk and has decided that he wants you to have to work just a little harder to get your money back.

6. Collecting a judgment

You have to collect the judgment. The defendant may pay the amount directly to the court. If the defendant does not have the money, the defendant may have to pay installments.

If your friend refuses to pay, you can complete an Application and Order for Appearance and Examination which would require your friend to appear in small claims court to have his income and resources examined.

You could also consider wage garnishment by completing a Writ of Execution. This writ could also levy your friend’s checking or other bank account.

If your friend has a business with a cash register, a sheriff can go to the business for a till tap. The sheriff can take enough money from the cash register to pay the judgment debt. The typical sheriff’s fee for a till tap is $85.00. We hope your friend doesn’t put you in this situation, but if you are ever in this situation, the purpose of small claims courts is to resolve small problems without the expense of an attorney. This is the do it yourself legal remedy.

Disclaimer: This article is not to be considered legal advice. If you need legal advice, seek out a licensed attorney. Remember that small claims courts do not require an attorney. If, however, the losing defendant appeals the small claims court’s decision, the new venue is a superior court. In a superior court, you will need an attorney.

About the Author
Aaron Language Services on the web at http://www.aaronlanguage.com is a translation and editing business primarily serving a Japanese client base. We are always looking for experienced editors specializing in medicine and the hard sciences. Click personnel on the menu on our top page.

Without a doubt, even after all the necessary safety measures have been deployed by the employers, there will always be possibilities of accidents still happening in a workplace. Despite of the strict discipline performed by all employees, they are still prone in obtaining injuries while exercising their works. Well, all we can do is to hope that these tragic incidents will not happen to us or even to our loved ones. However, as a form of consolation, workers like us were entitled of benefits to cover our incurred injuries as stated under various federal and state laws.
The Worker’s Compensation laws are drafted and ratified in order for the injured or disabled employees to have the assurance of having continuous financial benefits without undergoing any court procedures. This also bestows grants to the surviving dependents and beneficiaries of the employees who died due to any type of job-related accident or ailment. Moreover, some provisions of the laws provide protections to the employers by restraining the injured workers to recover large amount of money higher than the set limits. The co-workers are also freed from any liability in most cases of accidents. While the Federal worker’s compensation statutes are restricted to federal employees or those individuals employed in some important positions of interstate trade and commerce, various laws are enacted to deal with certain type of jobs.

? Federal Employment Compensation Act

This law imparts financial benefits limited only to those non-military or federal employees who suffered disability or died while performing their tasks. Nevertheless, these should not result from deliberate actions or from alcohol or illegal substance intoxication. The law covers the cost of medical treatment and rehabilitation brought by the disability and may oblige the worker to go through a retraining program.

Generally, the disabled workers collect 2/3 of their regular monthly income until the impairment was fully healed. They may accept even larger compensation in cases of permanent injuries or if they happen to be the breadwinner of their families.

If the worker died, his or her surviving family or beneficiaries will get the benefit.

* Federal Employment Liability Act (FELA)

This act provides benefits to the railroad employees who were injured in an accident.

* Merchant Marine Act (Jones Act)

This act provides protection for the seamen from negligent employers.

* Black Lung Benefits Act

This law provision provides benefits for workers in the mining industry who suffered from black lung disease.

* California’s Worker’s Compensation Act

This statute serves as a model of a complete state worker’s compensation insurance program. The state of California obliged the employers to have insurance policies for their workers that will cover future compensation claims.

The laws on Worker’s Compensation are very much broad and intricate. Thus, for the injured or disabled employees to obtain their claims, they may need to appoint the legal services of a qualified and proficient personal injury lawyer. A legal advocate’s expertise in handling this specific type of claim case will make it easier for the victims to uphold their rights.

About the Author
For more information about worker’s compensation and other personal injury related cases, visit www.personalinjurydefenders.com.

I hope that this will not happen to you, but there might be a time when fate decides to be malicious and decides for you to get in trouble with the law.
So let us assume that you are driving down the road and suddenly sirens accompanied by flashing lights greet you. You pull over to the side of the road and wait while the officer exits the vehicle and approaches the driver side window and asks you a series of questions. Your mind is in confusion, you have never been in trouble with the law before so this is a completely new experience to you. However as long as you can keep yourself calm you can get through this without any incident. Here is a list of how to make it though.

1. Keep calm. As previously mentioned, keeping calm will not give the officer a reason to forcefully detain you. Don’t have sudden outbreaks of emotions such as cursing, screaming, crying or anything else that might give the impression to the officer that you did something wrong.

2. Do not run away or walk away. Doing so will only get you in more trouble. Keep your hands where the officers can see them. Never put them in your pockets because in doing so you are giving the police the impression you might have a concealed weapon.

3. Be polite and respectful. The police want to get through the day without incident but if they think that you are about to retaliate they will forcefully detain you.

4. Give your name and address only when they ask you for it, but do not give them any other information. Anything you say or do can be used against you later.

5. To search you or your, vehicle or arrest you, they must have a warrant or probable cause that you committed a crime. They may ask you if they can search you or your vehicle. If you give them permission then you cannot say later in court that they performed an illegal search.

6. Try to remember the officers’ descriptions. Try to memorize the officers’ badge numbers, names, license plate numbers, and police car numbers. Once the officers stop questioning you, write down this information as soon as you can.

7. Ask bystanders to stand at a discreet distance and observer. Having bystanders to start complaining and repeatedly asking questions is police interference so it is better to have them observer from a distance rather than be up right in front of the officers’ face.

8. If they do happen to abuse you, do not resist. Resisting will only make it worse for you as it will only encourage them to make it worse and they can slap on the charge of resisting arrest onto their statement.

9. If you happen to be injured after the incident, try to record the injuries by taking pictures but also remember to receive immediate medical attention.

10. If you feel that your rights were violated, then file a written complaint. Keep a copy of the complaint and have close family members or friends also have a copy of that complaint.

About the Author
incorporation documents
Wade Knoxville

With a growing number of cars in the world countries like Canada or the United States and European countries, also experience a growing number of car accidents. Auto insurance became one of the main things that protects the driver from financial losses. Auto insurance is a legal contract between driver and insurance company, that not only provides ongoing protection to the driver, but also can be a constant reminder of the possible dangers on the road. While the driver pays the premium to the company, the company provides coverage in case of an accident. There are three types of coverage available in any insurance: property, liability and medical coverage. Property coverage pays for damage done to your car and in some cases repays the costs in case of theft. Liability coverage pays for your legal responsibility to others for causing bodily injury or property damage during an accident. It is calculated according to the fault of the driver and it is important to remember that in case of an accident the fault can be distributed among two or move drivers involved. Medical coverage pays for the cost of treating injuries after the accident, the process of rehabilitation and in some cases also lost wages and even funeral expenses, for this type of coverage it is important to provide all the checks and bill for medical expenses. As for auto insurance in Canada several Canadian provinces (British Columbia, Saskatchewan, Manitoba and Quebec) provide a public auto insurance system, while the rest of the provinces provide private insurance. The basic auto insurance is mandatory throughout Canada, still the government of each province defines which benefits are included as minimum required auto insurance coverage and which benefits are options available for those seeking additional coverage. The coverage itself is also different from province to province, for example accident benefits coverage is not mandatory in Newfoundland and Labrador.
While on the one side car related laws and regulations are constantly being updated to handle the growing number of accidents, alternative solutions for handling the situation are also being developed and used. In 1994 a study conducted by Jeremy Jackson and Roger Blackman showed that increasing the costs of one accident leads to reduction of the number of accidents. A driver must understand that and accident could not only lead to injuries or casualties, but will also lead to compensations even after the smallest accidents. A modern driver starts to pay for the possible accidents even before he gets behind the wheel, with the means of Compulsory Insurance. Compulsory Insurance is one of the insurance mechanisms that drivers must file proof of insurance and make a payment before they receive their vehicle registration. Compulsory insurance is used for two scenarios. First in case of an accident involving two or more vehicles it covers the damages done to vehicles, irrespective of who’s in responsible for the accident. It also covers the most common damages that can occur from problems like theft, fire or vandalism.

About the Author
For more information regarding Insurance lawyers, Patent Lawyers, Intellectual Property lawyers and legal services please visit: www.lawyerahead.ca

After almost a decade of changes in the federal estate tax code, and many states changing their tax structure in response to the federal changes, clarity appears to be on the horizon. Congress’s recently passed budget resolution would make the current estate tax rules permanent, taxing only estates over $3.5 million in value with the tax rate set at 45 percent. Although no actual legislation has yet been voted on, the nonbinding budget resolution sets guidelines for Congress to follow when writing tax and spending legislation later this year.
In light of this and other changes, taxpayers need to review their estate plans - with a qualified Florida estate planning attorney - with the following issues in mind:

Simplify if possible. The increase in the tax threshold from $600,000 at the beginning of the decade to $3.5 million today, coupled with the drop in most taxpayers’ net worth over the past year, means that many people who had taxable estates no longer do. They may be able to significantly simplify more complicated estate plans that were necessary in the past to eliminate or decrease taxes due at death.
But beware state tax laws. As a result of changes in the federal estate tax, many states that were tied to the federal system found that their estate tax revenue was dropping to zero. As a result, the states “decoupled” and established their own estate tax plans. Taxpayers need to learn what the law is in their state and whether their existing plan is up to date. This is especially true for taxpayers who have moved from one state to another since signing estate planning documents.
Review life insurance. All consumers should have their life insurance policies reviewed if they have had them for more than a few years. Some universal life policies that were based on projections made when the economy was stronger may be “underwater” and may need more robust premium payments to sustain them over the long term. With other policies where the premiums were based on old tables measuring life expectancy, the consumer may be able to lower her premium payments or increase the death benefit. Finally, consumers should never simply drop policies they no longer need or can afford. They may be giving up a large benefit for their heirs and they may be able to sell the policy for a larger return than the policy’s cash surrender value.
Refocus estate planning. The threat of the estate tax had the beneficial effect of prompting consumers to do estate planning. But it also diverted them and their advisors from the real purpose of estate planning: to leave the legacy they want. The estate plan people leave can benefit children and grandchildren for decades to come, or it can cause familial strife that tears the family apart. The choice of executor and trustee and the terms under which heirs will receive property are vital issues that deserve full consideration.

About the Author
Howard S. Krooks, J.D., CELA, is a partner with Elder Law Associates PA, with offices in Boca Raton, Aventura, Weston and West Palm Beach. Mr. Krooks is certified as an Elder Law Attorney by the National Elder Law Foundation. He serves on the Board of Directors of the National Academy of Elder Law Attorneys. Mr. Krooks may be reached at (561) 750-3850 or visit the firm’s web site at www.elderlawassociates.com.

Many people know that the birthmother has many rights but, as an adoptive mother you have rights too. At first you will have very little to no rights over the choices that are made. However, once the paperwork has been finalized and you are officially the child’s parent you will have a lot of rights too. You may want to consult a local lawyer to help define all of your rights and responsibilities as they are vast.
Many people who are looking to become and adoptive parent go into the process with little to no knowledge on the subject. It’s important that you do research on what rights you have and when you get them. You also need to remember that every state has different laws when it comes to adoption. Therefore if you have recently moved to a new state or plan on it you should find out that state’s adoption laws.

There are also a lot of common adoption myths that people believe are laws that really aren’t. It’s important to distinguish the myths from the laws as you don’t want to put yourself in a bad situation. For example many people believe that the biological father has no rights when in fact he does. This can cause a big conflict of interest with an adoptive parent if the biological father’s rights are ignored. Even if you’re the adoptive parent, you may lose the child you worked so hard to adopt.

Finally you should try to keep up to date with the adoption laws. Like all laws they change from time to time and it can be hard to keep up with the change. The best and easiest thing to do is to hire an adoption lawyer to help you stay current with these laws.

About the Author
Many people know that the birthmother has many rights but, as an adoptive mother you have rights too. At first you will have very little to no rights over the choices that are made.

If you suffer a whiplash injury during a car accident, how much compensation can you expect to receive?
The starting point is that it is a relatively straightforward process now to assess the amount of compensation payable to you. The court’s job is to try and put you back in the same position that you were in prior to the accident. Obviously they cannot remove the pain that you suffered, but they can award you compensation for your pain and suffering. So how do they assess the amount of whiplash compensation?

Assessing The Amount Of Whiplash Compensation

The main process is to review a booklet called the “Judicial Studies Board Guidelines for the Assessment of Damages”. This provides the following “brackets” of compensation payable:

Minor Whiplash Injury

A minor whiplash injury might include only moderate neck pain symptoms that completely recover within a matter of weeks or up to two years. In these cases, you can expect to receive in the region of:

£750 to £2,500 if you make a complete recovery within 1 year

£2,500 to £4,250 if you make a complete recovery within 2 years

Moderate Whiplash Injury Pain

This applies if your pain is more than minor and it takes longer to recover. There may also be an increased risk of future vulnerability. For this type of whiplash claim you can expect to recover:

£4,250 to £7,750

Severe Whiplash Pain

If you have permanent symptoms causing you ongoing pain and suffering then you might expect the following bracket of compensation:

£7,750 to £13,750

Other Factors To Take Into Account

In addition to reviewing these guidelines, your claims solicitor will also look at recently settled claims where the victim had similar injuries to your own. This ensures that the figure that you solicitor looks to obtain in settlement of your whiplash claim is as accurate as possible.

Other Parts Of Your Whiplash Claim

As well as your award for your whiplash pain, you can also claim compensation for losses and expenses, including lost earnings, travelling expenses, medication and treatment. Any loss incurred as a result of the accident can be reclaimed.

Conclusion

This article explains the general rules that allow you to work out how much your whiplash claim is worth, but every case is judged on its own merits. Once you instruct a whiplash claim solicitor to help you they will provide you with a detailed estimate of the amount of compensation that you are likely to receive. This article should only be used as a rough guide.

About the Author
Need expert Accident Whiplash Solicitors? Visit http://www.grayhooperholt.co.uk/personal-injury/accident-whiplash.html ? To find out how much for a whiplash claim, see http://www.grayhooperholt.co.uk/personal-injury/how-much-for-whiplash-claim.html . Nicholas Jervis is a solicitor (non-practising) and a legal marketing consultant to Gray Hooper Holt Solicitors.

When making a will, there are several things to consider when choosing a guardian. This is the person who will be parenting your offspring. So, prior to making a will consider that a guardian will make decisions about your children’s wellbeing, education and moral guidance. There are many things to consider before making a will and selecting someone to perhaps be named as a guardian in your will is by and large one of them.
Whilst making a will consider if the person you are considering as a guardian is sensible and up to the challenge of raising your children? o Is the person a reliable adult, who is 18 and over? o Is the persons home near to the child’s current home or is there a long distance to be relocated to? o What is the person’s home state of affairs? Is the potential guardian in a stable relationship? o Are the people from the same religious background? o What is the persons current economic situation?

Making a will involves you selecting somebody to name as a guardian. It is important to discuss it with him or her before making a will because, although most people are pleased, some are unwilling to agree to the responsibility or have previously unknown reasons for which they might be unable to take on the role. It is also wise to think about appointing an alternative guardian when making a will.

You can always adjust or amend the will you have both made at any period as conditions and the children get older.

About the Author
I have a blog which highlights the importance of Will writing and covers the reasons as to why one should write a will. It was stated that over 70% of the UK population do not have a Will, therefore i set out to create a source of information online to assist those that do not have a Will and point the reasons as to why you should write a Will.