Attorney News

Those seeking a divorce – also known as a legal dissolution of marriage – should seek help from an experienced divorce lawyers. Attorneys provide clients with an informed look at the legal process that surrounds both uncontested and contested divorces and additional legal processes including child support, child custody and spouse support.

• Dissolution of Marriage (Divorce)

A Dissolution of Marriage is a “no fault” procedure that residents can undergo to legally terminate their marriage. To do this, both spouses must file a collective petition with the court requesting that the court review their agreement they have come up with regarding issues involving child custody and support, distribution of property and debt and spouse support. This petition also requests that the state legally terminate their marriage.

• Mediation

A mediated divorce is one in which a husband and wife attend sessions with a mediator who aids in their decision-making and helps the process run smoothly. This is an option for divorcing couples who wish to dissolve their marriage in a more amicable and less-conflicting manner.

• Separation

A legal separation is an alternative to divorce for a husband and wife who can’t continue living together but do not want to legally end their marriage in a divorce. In Texas, a couple is legally separated after asking the court to recognize their separation.

Understanding and compiling with TX “Helmet Laws”.

Texas Motorcycle Helmet Law

There is important information relative to Texas’s motorcycle helmet law on the Texas Department of Public Safety’s website (http://www.txdps.state.tx.us/).  Texas’s Senate Bill 1967 was signed in June of 2009 and has been enforced since September 1, 2009.  This law has modified exemption requirements specified in the motorcycle helmet law in Texas. A motorcycle accident law firm in Houston should have full understanding of these laws.

Changes to the Texas Motorcycle Helmet Law

1. The minimum requirement for medical insurance for helmet law exemption has been removed.  Previous to this bill, the minimum insurance requirement was $10,000.  The health insurance must provide benefits for health care expenses due to an accident.

2. The Texas Department of Insurance will be creating a standard proof of health insurance for those riders who are 21 years of age and older and covered by health insurance.  Motorcycle stickers will no longer be used as proof.

3. A motorcycle rider or passenger may not be detained or asked to stop by a peace officer to check whether he or she has insurance, or if the individual has successfully finished a motorcycle operator training and safety course.

To find out more about the Motorcycle Safety Unit and the training programs the Unit provides, go to the Texas Department of Public Safety website.

According to the Traffic Safety Factsheet 2007 Data by the National Center for Statistics and Analysis of the National Highway Transportation Safety Administration, there were 375 motorcycle riders killed in 2007.  Of those 375 fatalities, 60% of the riders were not wearing helmets.  Please do not be a statistic.  Wear a motorcycle helmet.

This article regarding changes to the Texas Motorcycle Helmet Law was provided by the Houston motorcycle accident lawyers of the Duke Firm, P.C.

All traffic courts and therefore all traffic tickets are scams. It has nothing to do with protection. It has nothing to do with justice. It is all about the court separating you from your money. The primary interaction many people have with government is traffic court. We all know men and women who get a traffic ticket. And we all know no one wants a traffic ticket.

The court in order to facilitate the collection of money makes the fines just low enough so people will not think it is worth their time to fight it. They figure it is simpler to just pay it. They cannot take time off work so they pay the two hundred dollar fine. This is a mind game. The court does this on purpose. It is all part of the public relations of these traffic courts. They want people to just pay.

If all people fought their tickets the whole system would collapse; that or else they would keep lowering the fines until they reached that happy medium to where people would simply pay the fines. Which is what they want but if you look carefully all tickets are invalid none have any validity at all. If you can show that the court has not standing there is no subject matter jurisdiction.

If they cannot show standing then it does not matter what I am being accused of. This is a very big issue and only one of how to show the invalidity of a traffic ticket. You have to understand that a ticket is not a cause of action which is a very specific legal term. You have to know that government is formed to protect individual rights. Courts are part of government so they are therefore there to protect and maintain individual rights. And therefore the courts jurisdiction limited to maintaining and protecting individual rights.

So a plaintiff to have standing in an American court has to allege the violation of a legal right. Of course they do not like to hear this in a traffic court. The court must show personal injury by the plaintiff. So is the police officer who issued the ticket showing personal injury? Does the prosecutor show personal injury of the so called plaintiff? No.

Subject matter jurisdiction is based on the violation of an individual right and since there is no personal injury, so you can see there is no validity to any of these traffic tickets. One way you can also win a traffic ticket is to impeach the witness which is the police officer.

Impeach is to show that the witness testimony is inadmissible as evidence due to lack of credibility. You need to ask simply two questions. You hand the police officer on the witness stand a copy of the ticket. You ask the police officer if he filed a valid cause of action against you. He will answer yes because without a valid cause of action the case has to be thrown out of court.

Then your next question is how many elements are there in a valid cause of action. The prosecution will object to the question saying the witness is not qualified to answer the question. The judge will sustain the objection and you will have shown the witness is not qualified to testify. You will not always have the ticket thrown out of court but this is one way to fight traffic tickets.

Many millions of us are treated each year by a series of health professionals in the NHS and private health care, including dentists, doctors, nurses and other health care professionals. Happily for most, treatment is successful and no problems whatsoever are encountered during treatment, but unfortunately that is not always the case.

During the course of diagnosis and treatment we should receive the best possible care. In the majority of cases this happens routinely but when it doesn’t medical or clinical negligence claims can arise as a result of health professionals or organizations failing to deliver an appropriate duty of care to patients.

The fall-out of medical of clinical negligence can be traumatic, not only for the patient but also for their family, who may need to care for them in either the short or long term. Indeed, in the immediate aftermath of a medical accident pursuing a legal claim for negligence may be the last thing that the victim and their family worry about. Providing immediate day-to-day care for loved ones becomes the priority and any thoughts of seeking recourse becomes a secondary concern.

However, once the issue of negligence is broached victims of medical accidents must prove that they have been subject to incompetent care or a lack of judgment on behalf of a health care professional to be successful in pursuit of their claim. That is where the problem lies for most as medical negligence claims can be difficult to prove, certainly without the help of specialist legal help.

Healthcare professionals are only human, and therefore can make occasional errors especially when they are in pressured situations such as in emergency and accident departments, or when undertaking surgical procedures. The difference between making mistakes and negligence can be a fine line, but if as a result of a routine medical procedure a loved one unexpectedly dies or suffers severe permanent damage then that the family of that patient deserves at least a thorough investigation into their demise.

If as a result of that investigation an error of judgment is determined to be the cause of the death or permanent disability, then the family should be free to pursue financial recompense through the courts, or via an out-of-court settlement.

Each year, as the holiday season rolls around, communities start cracking down on drunk driving. Checkpoints and vigilant law enforcement officers may put you at odds with the law. Even if you only had just a little to drink, you may find your self in an uncomfortable situation. Because of the damage to your reputation, if you find yourself in this situation, you should be asking yourself; why do I need a DUI attorney? Here are some points about drunken driving laws you should keep in mind.

Per Se Drunk Driving Laws

Every state in the Union has per se limits on when you are considered legally drunk, even if there is no perceivable impairment. Your blood alcohol level cannot exceed .08 in breathalyzer or blood alcohol testing. So, even if you are functioning, you may be above the limit.

In many cases, the chemical tests used to determine BAC are performed incorrectly and are inaccurate. If you are arrested after submitting to a chemical BAC test and are over the per se limit, you should retain an experienced DUI attorney to help you defend your case.

Implied Consent Laws

Most states, including Mississippi also have implied consent laws, which you agree to when you obtain a driver’s license in that state. Implied consent means that if you are pulled over and are subject to a chemical BAC test, you have already agreed to submit to the test. Refusing the test at that time usually results in the suspension of your license for at least 90 days.

Getting your license back after this type of suspension is frequently difficult if not impossible. An experienced DUI attorney should be able to help get your license back as quickly as possible.

Traffic Stops without Cause

Law enforcement officers cannot pull you over without justification. There must be a reason to stop you and subject you to a blood alcohol test. Some of the common reasons you may be pulled over include:

• Making a turn too wide
• Straddling the center line
• Weaving
• Driving too slowly
• Speeding
• Driving with your headlights off

There are many other driving behaviors that might give an officer reasonable suspicion of intoxication, most of them rely on the common sense and experience of the officer. In addition to pulling you over for suspicion of drunk driving, you may also be subject to a BAC test secondary to some other sort of traffic stop.

• Failure to yield
• Not using a turn signal
• Expired plates

Once the officer suspects you may have been drinking, they can request a test. Regardless of the reasons you were stopped, you should hire a lawyer right away to ensure that your rights were not violated during the stop. A DUI arrest has serious consequences and legal representation is imperative.

Being arrested for DUI in Mississippi affects your ability to get around and may affect your job. When charged with DUI, a knowledgeable DUI attorney should be retained as soon as possible.

“There is no safe place to speak of”, a phrase that is relevant and true in this vulnerable world. Hard as it may, everyone who lives in this planet can become potential victims of any sullen event, whether brought about by accidents or wrongful death or from any natural catastrophe. This is an unpleasant unpleasant fact that we should accept and take concerns of, even preventively.

Take the case of a premature death scenario, where it has become prevalent nowadays. This is something that should caused us alarm and be wary about, as it can happen to us or to any members of our loved ones or family. Thus, with these concerns, it would be worthwhile to tackle and understand the hurdles of a Wrongful Death, in its terms, lawsuits, and Attorney representation.

To understand legal topic fully it is of great importance to know the meaning of the legal terms to be used. Thus commencing with its meaning:

Wrongful death, definition

Several meaning relates to the term Wrongful death. Each state has in its statute, provided their own definition of the term. However, the term is regularly defined as a claim in tort against a defendant who can be held liable for certain liability in causing premature death of another. It usually occurs when one person is killed because of the negligence or wrongful act or misconduct of another individual, company or entity.

Wrongful death, basis

As a fact, in a sullen death nothing will ever bring a loved one back. With these, the law has given the decedent’s surviving dependents or beneficiaries the right to recover monetary damages or financial compensation as a result of the negligent, willful, or wrongful act of another. This is the basis of a wrongful death lawsuit. Thus, unlike in the past where claims for wrongful death is dissolved with the death of the victim, right now, the surviving family now has the right to claim for damages, independently of their own for their loss.

Wrongful death causes

There are varieties of circumstances and events that can bring wrongful death. The most popular and celebrated causation of this type, belongs:

• Car, Motorcycle, Bus, Train or Airplane Accidents

• Animal Attacks

• Pedestrian accident

• Dangerous property

• Industrial or construction site accidents

• Nursing home abuse and Neglect

• Hospital negligence or Medical Malpractice

• Birth Injuries

• Explosions

Wrongful death elements

To be successful in the hurdles of wrongful death lawsuits, the following elements are generally required irrespective of jurisdictional boundaries:

• The death of the victim was caused either in whole or in part by the conduct of the defendant (negligence)

• Proofs of negligence or strict liability of defendant

• Presence of surviving beneficiaries and dependents who are suffering monetary injury as a result of the death (usually comprises the spouses, children and parents)

• Proof of financial or monetary damages that have resulted from the victim’s death

Wrongful death, lawsuit

Whenever any member of the family is the victim premature death, it is within the right of the surviving family to seek accountability by filing a wrongful death lawsuit.

This type of claim is wage to compensate families for their financial losses and the medical costs associated with the death of a loved one. This claim seek monetary damages for lost wages, pain and suffering, mental anguish, the loss of a relationship, and lost future earning capacity.

Wrongful death lawsuit Attorney

As soon as practicable, after the resentful death of a loved one, it is important that you speak with an experienced Wrongful death lawsuit Attorney to help you assess your option at the soonest. The lawyer will help you understand your rights as the survivors, and give you the basic understanding on the hurdles of a Wrongful Death Lawsuit and will help you recover the financial compensation you deserved.