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Finance and Law

Defective Drug Case and its Legal Implications

Medicines or drugs are considered to be life savers, but that is only when the right kind of drug is given and in right quantities. There have been several recent cases of wrong or defective drugs being sold to customers. This effect of this can be very dangerous and at times fatal too. This is why it is considered to be a legal condition and consequently eligible to be filed in the court.

When such drugs are administered to people the reverse of what is intended happens, the health of the concerned person worsens instead of becoming better. This can be considered to be a case of personal injury as well. The attorneys at Olympia Law PC are very capable of handling cases of personal injury extremely efficiently. In fact they have the fame of expertise in litigation of personal injury.

Legal Implications

These veterans at this 1997 established law firm further emphasize that the claimants of such a defective drug case can file a case against more than one person. It does not necessarily have to just be the chemist, who sold it, but the manufacturers, the doctors, the labs, hospitals and all those involved in some way or the other, can be taken to the court.

Since this is a case of personal injury, it is best handled by the lawyers of the same and hence they are the ones who should be hired for the purpose. It is not something that should be overlooked or forgotten because implications of a wrong drug can range from being physical to psychological to even emotional.

There are three basic kinds of mistakes that can be made in a defective drug case:

  1. Not having enough warnings on the label of the medicine
  2. Deficiency of enough information about the medicine and
  3. Intrinsic defects of the drug.

The responsibility of giving the wrong medicine falls on the shoulders of pharmaceuticals as well as the medical examiner. But whosoever it may be hiring an attorney to handle the case is completely essential. So, it becomes a compulsion to take care in hiring the solicitor who will fight litigation on your behalf. The Olympia Law PC that holds three offices in greater Los Angeles is a law firm that houses some of the best attorneys who specialize in cases such as these.

The one major reason why a lot of people turn to this particular law firm for help in cases of personal injury, bankruptcy, real estate litigation, commercial litigation and immigration, is because they give a lot if value to their clients. Unlike other law firms who prefer to work for the elite class of the society, this firm feels the need for every common to have the right to proper and fair representation before the court.

Thus, the next time you or anyone you know is faced with any defective drug litigation, and you are looking for the best in the market, it is the veterans of personal injury litigation at the Olympia law firm that you have to turn to.

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Finance and Law

U.S. Immigration Policy is an Obstacle for Foreign Entrepreneurs

americanflagSince 9/11, U.S. immigration policy has experienced increased restrictions for foreign people entering the country compared to the past. Tighter security measures have taken place including fingerprinting, background checks and in-person interviews at consulates and embassies for visas. Although unlikely, immigration DNA testing can be a requirement in the future.

MIT’s Entrepreneurship Students

From a Forbes magazine column, Bill Aulet and Matt Marx teach an introductory entrepreneurship class at the Massachusetts Institute of Technology or MIT. Both instructors envision a graduating class of American entrepreneurs. However, most of the students are foreigners with student visas. Thus, many MIT entrepreneurial students lack visas to work in the United States because they are not US citizens or permanent residents. Unfortunately, foreign MIT students are leaving entrepreneurship classes with academic insight rather than applying what they learn to the real world.

Work visas, especially the H-1B, are a sponsorship from companies to employ foreigners for open positions. Thus, Aulet and Marx argue that the current immigration policy does not support entrepreneurship for foreigners. Not to mention, foreigners cannot have majority shareholder rights in a U.S.-based company even if it employs 25 or more employees.

Aulet and Marx mention that Australia, Singapore and Canada have more welcoming immigration policies for entrepreneurs than the United States. Thus, Aulet and Marx are arguing that the United States needs to change and improve the immigration policy.

Three Suggestions to Alter the U.S. Immigration Policy and Sentiment

Based on their expertise on entrepreneurship, Aulet and Marx suggest three facets to change the U.S. immigration policy.

First, an entrepreneur visa, such as an EB-1 status, should be created as foreigners have innovative ideas and education to establish new businesses. Currently, the United States has a similar visa for scientists. Aulet and Marx refer to the UK’s recent creation of a visa for entrepreneurs as an example of what the U.S. should do to attract immigrants.

Secondly, the U.S. approach to immigrants should be welcoming rather than alienating them. Due to fingerprinting and background checks, foreigners may feel themselves being treated as crime suspects.

Finally, Aulet and Marx infer to the drastic nature of start-ups. Thus, both professors argue that the immigration policy should consider the needs of entrepreneurs by reducing bureaucracy.

Thus, Aulet and Marx prefer immigration as a tool to promote entrepreneurship, which will result in economic growth and new jobs in the United States.

Immigration is a Long, Complex Process

Due to bureaucracy, immigrant entrepreneurs will be required to submit various documents. Sometimes documents can be lost along the way, which can cause legal issues including overstaying and deportation. Additionally, visa status changes can be difficult due to different paperwork. Thus, immigration lawyers are around to help foreigners with visa and other issues.

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Finance and Law

The Best Way to Save For Retirement

So long one is engaged in service life he leads a much secured life than that of a retired person. True, that the statement sounds a bit contradictory as service life is the most hectic time but if we look from the financial side it is very much secured. This is because one has a fixed source of income while working. But that does not mean retired life is timid. Having a certain amount saved throughout the service life one can easily make the post retirement life relaxed having the ultimate leisure.

save money for retirement

While saving for the post retirement life one must should follow some basic steps that make the task easier. Let us have a look at the best ways for saving for retirement.

  • Figuring out the retirement income and age:  Figuring out the expected income at the time of retirement helps one a lot to make proper savings plan. One can easily estimate all the needs of post retirement life and thus can save in the pre-retirement time.
  • Opening an Individual Retirement Account: An individual Retirement Account or IRA is basically operated in order to get tax advantages. A person having an IRA does not need to pay any tax for saving money in this account. Such account helps in savings for retirement and one can save minimum 5000 dollars a year in an IRA.

There are even classifications in an IRA account as well. One will find a couple of options, one named Roth IRA and the other is Traditional IRA each providing different scheme and one can select one according to relevance.

  • Investing assertively:  One must make a lot of investment to secure the post retirement life. Those who are young and have a long service life can make even a better retired life by saving from early age. Those who have only a few years left for retiring they should invest more forcefully.
  • Fulfilling responsibilities as much as possible in the pre-retirement life: People have a number of responsibilities to fulfill in life and it is always preferred not keep any huge responsibility for the post retirement life. If someone needs a permanent address for the retired life, he should try best to have it with in service life or else it will be great burden in future. Even if the person chooses to live in rent then also it will not be something sensible as a part of the rent will considered as sunk cost.
  • Clearing loans and credits:One should always concentrate on the fact that he does not have to carry any debt burden to the post retirement life.  Clearing all sorts of loans and credits within the service time will help him a lot to save for the retired life.

A retired life is for relaxing and enjoying. It is not to handle any type of burden. Therefore one must make proper plans for post-retirement period. Financial need is an undetectable part of human life and so making retired life financially secured is very important and the above tips help one to save for the retired life and thereby secure it.

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Family and Personal Finance and Law

How To Collect Your Child Support Payments Efficiently

When you are owed child support from your current or former spouse, obtaining the money you deserve can be overwhelming and seem nearly impossible, especially when dealing with a negligent parent. If you are looking for help with child support collection, you have a few options available that can assist you with getting the money you need to properly provide for your children. Working together with a child support enforcement agency is highly recommended if you are not familiar with the areas of law that include child support.

child support payment

Working together with professionals who can help enforce the child support that you are owed is possible regardless of whether or not you currently have full or joint custody. When you choose to work with an enforcement agency that specializes in child support collection, you do not have to work with traditional state or government based services which may be lacking and not willing to move forward with your case. Rather than waiting years for the government services to help with collecting the child support that is owed to you, working with a private company can assist you with getting your payments as quickly as possible.

Additionally the private enforcement agency you choose to work with is capable of filing any paperwork or documents that are necessary or required to move forward with your case. When you are not sure of how to go about filing the necessary paperwork for your child support case, it is essential to consider the benefits of working with a professional agency that can help. Many professionals who represent an agency that collects child support have degrees in business and law and specialize in understanding how to solve child support predicaments. Having a professional readily available to answer any questions you may have can ease the burden and stress of your situation.

Seeking a private enforcement agency that can assist you with any child support matter you are faced with is possible by utilizing both local and online resources. Checking local listings and asking for a referral from friends and family members can assist you in addition your own research online. Browsing online for a private enforcement agency that specializes in recovering owed child support and debt is a great way to compare all of your options while reading reviews of the various agencies that are located near you.

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Finance and Law Insurance

Choose A Term Life Insurance Which You Can Afford

Life insurance is a requisite in today’s time. However, it is more important to have an affordable insurance. People sometimes take up policies just to make sure that their family gets the money after their death. They take up plans which have high premiums with a thought that higher the premium, higher will be the payback. Such insurance becomes a burden which he/she keeps dragging.

term life insurance

Finding Suitable Insurance Helps

Everybody has different requirements and expectations when they opt for a life insurance. The biggest mistake a person does while deciding a plan is that he does not calculate his expenses. Thus, it is advisable that you follow following steps to avoid making the wrong decision.

  • A person has some expenses which cannot be neglected and have to be paid every month. Calculate all the payments you need to make. This will include the smallest possible transaction so that you have a realistic figure with you.
  • One must always remember that life insurance is not a saving. Therefore, you must pay the premium after you save some money for the future and for emergencies.
  • Sometimes a person thinks that he/she will reduce his expenses in the future and thus takes up an expensive insurance plan. However, the reality is that if you get into false predictions and fail, you might get into problem. Therefore, aim high, but then be realistic. Move slowly and steadily.

However, premiums are not the only concern when you want to have an affordable insurance. You also need to consider the duration for which you wish to take the insurance. The insurance companies offer a range of policies with different timeframes but then it is you who need to know what you actually you expect of the insurance policy.

Types of Insurance Based on Duration

  • Decreasing term policy: This is believed to be the cheapest option you can go for. But it has certain conditions. According to this policy, a company is only liable to pay your debts to the bank or mortgage companies if you die during the term of the insurance. Here, your family will own the property which would have been sealed otherwise.
  • Increasing premium policy: This insurance is a yearly policy which can be renewed. However, it becomes expensive with time as the premium keeps increasing yearly. This is the best option if you are looking for insurance with short duration.
  • 5-year and 10-year insurance: These policies are valid and give a death benefit within the respective definite time period. These are a bit expensive than the options stated above, but then still the premiums are not very high if you study all available options and figure out the best one.
  • 20-year and 30-year Insurance: These are used mostly by business men. However, these are most expensive amongst available options though still affordable due to flexible plans.

With the right mix of duration and estimates, you can easily find the most affordable term life insurance which will help you protect the future of your family in case you are no longer there.

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Finance and Law

Motoring Offense Loopholes: Fact and Fiction

If you have been caught speeding of found guilty of a motoring offense, then a specialized motoring offense solicitors will be happy to help you with the legal issues surrounding a road traffic offense. That’s their job. However, it is still often a good idea to get to know a few basic legal facts for yourself regarding the process you will be going through. There are some requirements and loopholes which are quite simple, but often not known by those who aren’t specialist motoring offense solicitors. There are also some “facts” which are well known, but are actually not true at all.

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Speed Cameras

Fact: After you have been flashed by a speed camera, the notice must be sent to you (or the vehicle’s registered keeper) within 14 days. It is not valid if it is dated more than 14 days after the date of the alleged offense. It is also not valid if it is not signed on behalf of the police.

Myth: The above loophole is often misinterpreted, and many people believe that a notice is not valid if they don’t receive it within 14 days. However, the 14 day rule applies only to when it is sent, not to when it arrives with you. If the time it spends in transit, for example, means that you don’t receive it within 14 days this will not be enough to invalidate it.

Fact: After receiving the notice, the vehicle’s registered keeper must respond within 28 days. They must sign the declaration stating that the information is correct, and identify the driver of the vehicle at the time of the offense.

Myth: Some believe that signing the declaration to state that the information on the notice is correct breaches the Human Rights Act. However, any reputable firm of road traffic solicitors will confirm this is untrue.

Being Pulled Over by the Police

Fact: There are several requirements when the police stop you. Firstly, they must advise you of the nature of the offence they believe you have committed. Secondly, they have to be in uniform. There is no requirement that they issue a formal notice if they have stopped you and issued a warning at the time of the incident.

Myth: As stated above, the police have to be in uniform when they stop you. However, many people falsely believe that they are not officially in uniform if they are not wearing their hat. This is, in fact, a myth.

Fact: If the police order you to produce your documents and you are unable to do so immediately, you have seven days in which to provide them. You must present your documents within this time.

Fact: If, at the time of the incident, the police serve you a Fixed Penalty notice, you must accept or reject it within a period of 28 days.

Fact: If no Fixed Penalty is issued, the police have a period of six months in which to begin court proceedings. There is no requirement for them to contact you before doing so. If court proceedings begin, it is advisable to seek legal aid from specialist motoring offence solicitors.

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Finance and Law

Most Common Traffic Violations

If you’ve ever been behind the wheel in the United States you’ve probably had some experience with the law. Seeing the blue and red lights flashing behind you is an experience best avoided. Traffic violations (and their punishments) run the gamut from minor infractions to major felonies, especially if they involve loss of life or property damage. It’s important to be aware of what violations are most common so you can, at the very least, have a heads up on what the police are typically looking for. The following are some of the most common traffic violations in the US.

Speeding

If you were to take a poll from nearly every police force across the United States, the number one traffic violation, hands down, is speeding. Speeding reduces a driver’s reaction time and increases braking distance. Edward McElroy, a California Highway Patrol officer, notes that officers write tickets in an attempt to control the “mileage death rate” — the number of people who die per freeway mile. It’s a morbid thought, but certainly a worthy goal.Getting Pulled Over

Many police officers agree that there is some amount of “buffer” for speeding; somewhere around 5-7 miles per hour over the posted limit is generally acceptable. Unfortunately for drivers, the buffer is totally at an officer’s discretion. In an interview with Popular Mechanics, former El Paso Policeman Mike Brucks said he would give drivers up to 20 mph leeway if the road was open and straight. He also added that if someone was going entirely too fast, say 196 mph on the open highway, then the officer has to decide if chasing him would cause harm to himself or the reckless driver. Bear in mind that the primary concern most police officers have is the safety of all drivers on the road.

Illegal Cell Phone Use

This one is a bit of a recent phenomenon. As texting has become popular as a means of communication, drivers have more and more distractions behind the wheel. According to the Governor’s Highway Safety Association, there is a range of cell phone laws across the states. Currently, 12 states and Washington D.C. prohibit all drivers from using hand-held cell phones while driving. Moreover, dating to last October, these laws will be primary enforcement, which means that an officer can you pull you over just for being on a hand-held without any other violation taking place.

Equipment Violations

Having a heavily modified car may be cool in some circles, but it’s also a good way to get a ticket. Violations include having tinted windows, broken headlights, expired tags, and driving with an improper license plate.

Driving While Intoxicated

Titled driving under the influence (DUI) in some places, this is an extremely dangerous crime. Getting behind the wheel after consuming alcohol or a controlled substance impairs your senses, and is a hazard for you and all other drivers on the road. Of all the violations listed, this often carries the steepest penalties, which may include license suspension, jail time, and heavy fines.

Reckless Driving

This is a broad category for violations. Most commonly it includes stop sign and stoplight violations, improper lane changes, illegal U-turns, following other cars too closely, not driving at the speed of traffic, passing in a no-pass zone, not stopping for pedestrians, driving on the shoulder, and many other violations.

This article was written by Robert Tritter, an aspiring lawyer who hopes to help you understand the law better. He writes this on behalf of Chernoff Law, your number one choice when looking for a trusted Houston DWI attorney. Check out their website today and see how they can help you!

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Finance and Law

What to Expect When Filing a Lawsuit After a Motorcycle Accident

Approximately 90,000 motorcycle riders are in accidents every year. If you are a victim of an accident then you should considerably lucky to be alive, because fatality rates are about 35 times higher than those for automobile drivers. You have probably suffered from serious injuries and should consider filing a lawsuit against the other party if they are at fault.

Motorcycle Accident

Should You File a Lawsuit?

You deserve compensation if you are injured due to another driver’s negligence. However, you will need to make sure that you can prove your case before filing a lawsuit. There are two things that you need to do when filing a lawsuit against another driver:

  • Prove that the other driver was at fault in the accident.
  • Prove that you sustained damages.

Collect all the evidence that you can before going to court. Here are some things that you will need to gather:

  • All police records related to the accident. This includes both the police report and any records of infractions that were given to the other driver.
  • Any photos that were taken of the accident. You may have been too shaken up to take any pictures, but some of the witnesses may have photographed the scene for you.
  • Contact information of any witnesses.
  • All records that document the cost of the accident. This includes medical bills, statements from your boss on the amount of time that you needed to take off and any testimonials on the types of activities that you weren’t able to participate in.

It will take time to collect all the evidence that you need to make your case. Make sure that you do so before contacting a lawyer to help you file a motorcycle injury lawsuit.

Contact the Other Party

Your lawyer will need to review the evidence to see if you have a case. If they feel that they can prove that the other party is at fault then they will proceed.

You and your lawyer will need to contact the other party to seek restitution. You may be able to negotiate a settlement with the other party. This is usually easier when the costs aren’t significant and the other party is insured. However, many parties aren’t willing to settle. If this is the case then you will need to go to court.

What to Expect at Trial

Court should usually be the last resort to settle a lawsuit. The other party will usually settle without going to trial. However, there are times when court is the only recourse available.

You will need to file a lawsuit and specify the damages that you are seeking. You will need to select a jury, present the evidence and wait for a finding. The process can be very long and cumbersome, but it is worth it if you have a case. The challenges of the lawsuit can sometimes work to your advantage, because the other party may feel compelled to settle with you.

About the author: Kalen is a passionate legal blogger. He shares tips about winning lawsuits.

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Finance and Law

Medical Malpractice FAQs

ID-100214986When we have been injured, and believe that injury was due to the negligence of another person or entity, we have the right to pursue compensation for medical bills, loss of income and other problems resulting from the injury. Medical malpractice is one such issue that falls under the scope of personal injury law, and here are some frequently asked questions about it.

What is Medical Malpractice?

Claims of medical malpractice purport that a professional health care provider failed to provide a reasonable standard of care that would be expected in that circumstance, a level of care that would have been provided by similar professionals had they been treating you. You must prove that the provider was negligent and did not provide an accepted ‘’standard of care.’’

What is Standard of Care?

State law defines what constitutes ‘’negligence’’, but the ‘’standard of care’’ is defined by the medical community. The goal is not to define optimal care or what the provider should have done when looking back on the situation. It is to provide a framework on what actions reasonably should have been taken in that given situation. This ‘’standard of care’’ is not some official document that exists somewhere, but is gathered from many sources, like expert experience and literature from medical organizations. In most instances, however, the plaintiff must rely on the testimony of an expert to prove the provider did not offer the proper care in that situation. In fact, most states require you acquire such testimony before you can even file a lawsuit.

What Falls Under the Umbrella of Medical Malpractice?

A large number of incidents can be considered medical malpractice. They include, but are not limited to, misdiagnosis, failure to diagnose, improper treatment, treatment delay, failure to treat, not providing proper follow-up treatment, failure to get appropriate consent, failure to provide important information to a patient (such as failing to inform a patient a drug is only experimental), medication errors, leaving an object in the body, nursing errors and improper monitoring while in surgery. Medical malpractice is not limited to doctors or other individual health care professionals

There are always risks when it comes to medical treatments and suffering an injury in and of itself is not grounds for malpractice—there must be negligence through deviating from the established standard of care. Likewise, getting an unsatisfactory result is not grounds for malpractice.

What is ‘’Contributory Negligence?’’

When evaluating any sort of personal injury case, including those of medical malpractice, contributory negligence will be taken into account.  This means the court will look at whether you may have contributed to your current ‘’predicament’’ in some way. For example, if your doctor recommends you get a certain type of test to confirm whether you suffer from a certain disease, yet you fail to actually get said test, that may affect your compensation, or whether you even have a case at all.

How Long Do I Have to File a Claim?

All personal injury claims are subject to a statute of limitations. This means you only have a certain amount of time to file a lawsuit. This varies widely between states, and ranges from one to seven years. There may be some specific circumstances that allow for exceptions, but this is not common. Between the statute of limitations and the fact that it can take awhile to investigate claims, it is important to meet with an attorney as soon as possible if you believe you may be a victim of malpractice.

What Should I Know about Choosing an Attorney?

When you are looking seeking out attorneys for representation in a malpractice case, it is important you go with someone who has extensive experience in not only this specific area of personal injury law, but in the exact type of case you have. These cases are highly, highly complex and you cannot leave your fate in the hands of an inexperienced lawyer.  A lot of money goes into preparing these cases, and for this reason, almost all will work on a contingency basis, meaning they advance these fees and only will get paid if you recover damages. Make sure you know how much money this entails and whether there are any expenses you may still be responsible for in the event you lose.

About the Author:Kelli Cooper is a freelance writer who focuses on various areas of law, from personal injury to securities.

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Finance and Law

Choosing a Charitable Organization to Support

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The world is rife with causes that are in need of financial assistance. If you are thinking about making a monetary contribution to a charity, whether as a one-time thing or on an regular basis, you will certainly not be lacking for choice.  Choosing which organization to support can be a difficult decision. Some charities mean well, but their efforts are poorly executed. Some are just downright shady and do little to nothing to actually help who they are purporting to help. Then there are those whose administrative fees are so high, very little actually goes to those in need, and this should give you pause. But, doing a little bit of homework can make you an informed giver who supports reputable organizations producing real results. Here are some helpful tips for deciding where to send your donations.

What Issues are Important to You?

There are countless problems in the world in need of fixing. When it comes to choosing a charitable organization to support, it is important to clarify which ones are most important to you, which ones you feel most strongly about addressing. Maybe you are all about empowering people in poverty to start their own businesses with microloans. Maybe you are passionate about promoting equal rights, education or protecting endangered wildlife. Are you more concerned with addressing problems in your local area or are there international issues that are more pressing to you? Clarify your beliefs and what matters to you to execute a more focused search on charities you wish to support.

Where Will Your Money Make the Greatest Impact?

The nature of the cause and the location where these good works are being performed greatly impact the financial need of the organization. While any money you can give to any cause is a good thing—after all, lots of little donations can add up to big results, you should take into account the impact of the amount of money you are able to donate on the organization’s efforts. Many charities located in poorer areas of the world can accomplish a lot with a small amount of money. One charity I work with in Vietnam for disabled children can provide food, treatment, assistance to the parents and every other element of the care program for a mere 60 dollars a month.  So, while I don’t have deep pockets, I am happy to know the money I am providing is really helping the organization achieve its goals.

Do Your Research

Read up on the various charities you are thinking about supporting to gauge how well they are accomplishing their mission.  Peruse the websites. They should provide clear information on the mission, the program, their goals and what they have achieved. Are the accomplishments described in concrete terms?  Many websites provide detailed information on the financials of various charities to make it easy to gauge the efficiency of their efforts, as well as how transparent they are in making financial information available to donors—examples include GuideStar and CharityNavigator. One thing to keep in mind, however, is that a higher overhead cost does not necessarily mean a charity is being run inefficiently. It takes money to make money, and this is true in the non-profit world as well. There will be expenses that must be taken care of, or the organization will cease to operate. Ultimately, you have to look at the whole financial picture, and ultimately, you may decide that supporting an organization in meeting its overhead costs so it can continue to carry out its mission is the best use of your money.

About the Author: Kelli Cooper is a freelance writer who blogs about a variety of financial topics from managing debt to supporting charitable causes.

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