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If a minor can legally get married, why is it so difficult for them to get a divorce?

Posted by on Sep 10, 2017 in Family | 0 comments

In the past two years, over twelve states have considered the question of allowing individuals of a certain age to get married in the United States. While some states agreed that under certain circumstances, minors could be married, many failed to ask, “what if a minor wants to get a divorce?”

TeenVogue explores this topic in their series called “Wedlocked” that looks into the history and practice of child marriage. The divorce lawyer and expert featured in the show, Nancy Berg, says the answer is no. A minor cannot file for divorce because they are not considered old enough, even though they were old enough to get married. This is because marriage is a contract, and only adults can enter and break contracts. If they need a change in their marriage contract, the child will need to seek a guardian or parent to help them with this process.

How serious it this? Well, between 2000 and 2015, almost 208,000 child marriages were sanctioned in 44 states. Berg noticed how minors are affected by forced marriages. She is currently working with the Third Justice Center to help advance legislation to end or slow down child marriage. She claims the law doesn’t allow minors to have a clear direction who marry and this makes divorce very complicated. “The law mimics the culture, so it doesn’t necessarily follow the same effect, meaning the statutes on in place will not always change the way society changes.”

The laws are outdated in particular disciplines and fields. The complicated part rests in the difference between the age girls can marry versus when they reach a legal age to be an adult. She wants to make these ages standard and legal everywhere. One reason that this is a concern is domestic violence is linked to child marriage. When a minor marries young, and there is abuse, hurdling the marriage and exiting may have created a chance to continue the abuse, but this means nothing to the courts. States are “no-fault divorce” states which say they do not see domestic violence as part of the problem with divorce. Trevicia Williams, a former child bride, tells Teen Vogue when she got married at 14, she wanted to get an annulment within the first 30 days of marriage. However, a minor cannot secure a divorce unless there is a guardian ad litem present to act on behalf of the juvenile and makes decisions in their best interests.

Divorce can be a complicated process for anyone, whether they are a minor who decided to get married or an adult who decides that they can no longer keep the contract they made with their spouse. Divorce proceedings can be highly charged with emotion and it is sometimes difficult for divorcing couples to reach an agreement on how their property will be divided, custody of children will be handled, and how the finances will be separated. An experienced divorce attorney in your area can help you decide the best course of action and can help you understand your rights. I researched divorce attorneys in Utah, and in North Texas (where I recently moved), and I found some great legal websites that discussed the ins-and-outs of divorce. I especially liked the website of this North Texas divorce lawyer, Karen Alexander. I recommend reading the information sites like hers and others if you are considering divorce.

Why Carrying Auto Liability Insurance is Required in the U.S.

Posted by on Jun 14, 2017 in Insurance | 0 comments

According to Philadelphia car accident lawyers, as if the shock and pain of a car accident is not difficult enough, the inevitable financial stress resulting from medical expenses, property damage, and lost time at work makes the situation substantially worse. When another driver is at fault for your injuries, you should be able to count on an insurance company to provide coverage that will allow you to recover fully. However, insurance companies often give false promises of coverage, acting in act in bad faith so they can maximize their profit while providing as little coverage as legally possible. Many times, these companies will covertly employ underhanded tactics so a policyholder does not know when they are being taken advantage of. Bad faith practices by deceptive insurance companies include:

  • Failing to attend to a claim in a timely manner
  • Failing to pay a claim that it owes
  • Requiring unnecessary paperwork or unreasonable information to process your claim
  • Denying a claim without reasonable explanation
  • Lack of communication with policy holder
  • Being deceptive about the scope of coverage

All U.S. states require drivers to have the capability of compensating anyone they might injure in a motor vehicle accident due to their fault. This financial responsibility may be shown by:

  • Carrying auto liability insurance, which is the requirement in 48 states;
  • Paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee if they decide to register their vehicle as uninsured (paying this fee in lieu of purchasing an automobile liability insurance policy, obtaining a self-insurance certification, depositing money or securities, or securing a surety bond is a practice allowed in the state of Virginia; in the event of an accident, the at-fault driver would be held personally liable in compensating the person that he/she has injured); or,
  • Depositing securities or money with the state treasurer or filing an SR-22 (these are alternatives to purchasing an auto insurance policy, a practice allowed in the state of New Hampshire).

The purpose of financial responsibility, or liability coverage, is for at-fault drivers to be able to compensate an accident victim for the bodily injuries that he/she has been made to suffer and for all other costs or losses resulting from his/her injuries.

Carrying auto liability insurance is required in all states except in New Hampshire. The type of insurance coverage that drivers need to carry depends on the “liability” system recognized in the state where they reside. In states where the “fault” system is recognized (also called “at-fault” or “tort liability” system), the tort insurance coverage is what drivers will need to purchase.

Under the “fault” system, accident victims can claim compensation from the at-fault driver’s insurance company; the victim may also decide to file a civil lawsuit against the at-fault driver. Compensation that a victim is legally entitled to receive should cover cost of medical treatment, loss of income, pain and suffering, and damage to property.

In “no-fault” states, accident victims can recover financial losses from their own insurance providers, regardless of whose fault the accident is. Two major advantages this system has over the “fault” system is that, one, the victim will no longer have to file a lawsuit just to seek compensation (from the at-fault driver) and, two, seeking compensation will no longer be a problem for: victims of hit-and-run; those whose are hit by a driver in a stolen vehicle; or those who are hit by a driver who is either uninsured or underinsured.

 

 

 

Common Defects in Childcare Products and Toys

Posted by on Mar 21, 2017 in Product Defects | 0 comments

Common Defects in Childcare Products and Toys

As the adult, you should be the one who makes sure that your child is not at risk of dangerous childcare products and toys, but sometimes avoiding these things is difficult, especially if the designers, manufacturers, and distributors of the product are negligent.

According to the website of the Benton Law Firm, those who have children who have been injured because of somebody else’s fault may have legal options. They may get compensation from the damages that they have sustained from the negligence of the parties mentioned earlier.

Age-inappropriate products

Childcare products and toys should have labels on them indicating the age group they are for. The labels should factor in the possibilities with these products. Will the child be able to use this product without supervision? Does it have any dangerous parts? Many age-inappropriate products have the following traits:

  • Dangerous materials, like harmful chemicals and combustible parts
  • Harmful parts, like fans, motors, and sharp and pointy edges
  • Overly sexual or violent content
  • Small objects or detachable parts that can cause choking

Choking hazards

Children can be too curious and reckless that they may put anything in their mouths, and that includes childcare products and toys. Designers and manufacturers should take this into consideration before even creating a product. Choking hazards may come in many forms, such as:

  • Detachable parts
  • Objects that are too easy to break
  • Objects that are too small
  • Parts that can easily be broken off
  • Parts that are too small

Lead paint poisoning

Childcare products and toys are regulated by standards, enforced by the federal government, state, or the industry itself. Excessive use of harmful materials, such as lead, may make designers and manufacturers liable for the damage that an exposed child may sustain. The worst damages include comatose and death. The following are just some of the instances where the child can get enough lead:

  • Eating or chewing chips of lead paint from products
  • Getting exposed to products with lead on its paint or plastic
  • Putting the said products in their mouths

Get the Best Car Insurance Policy that Fits Your Budget

Posted by on Aug 6, 2016 in Uncategorized | 0 comments

Car accident victims should never worry about getting compensated for whatever losses and damages they would suffer as the financial responsibility law is enough guarantee that the driver at-fault in the accident has the financial capability to pay them. This is the major reason why all U.S. states have financial responsibility laws which require drivers to demonstrate their capability in compensating those who they injure and whose property they damage in an accident wherein they are at fault.

Proving financial responsibility may be done either by carrying auto liability insurance or by complying with any state-approved means. In the state of New Hampshire, for example, as the only state that does not mandate the carrying of auto liability insurance, it is enough for drivers to either carry an SR-22 filing or deposit securities or money with the state treasurer.

However, due to the high cost of insurance coverage, a study by the Insurance Research Council says that more than 25 million drivers continue to drive freely on US roads and highways without insurance. The study also shows that, of all states where there are uninsured drivers, the top five are California, Florida, Texas, Ohio and Tennessee.

The high cost of insurance policies is due to the types of coverage required in the state where a driver or a car owner resides. Besides Bodily Injury and Property Damage Liability coverage, some states also require drivers to purchase Personal Injury Protection (PIP) and Uninsured Motorist Coverage (UM). Due to these, plus all the other reasons factored in by car insurance providers to make policies still more expensive, the average monthly premium policy holders are required to pay range from $100 to $200.

Due to the high cost of premiums, millions of drivers and car owners have learned to require the help of independent car insurance firms for all of their insurance needs. These car insurance firms provide customers with many different free online insurance quotes to help them find the best policy that will meet all their needed coverage and at a price that will fit their budget.

According to the website of Second Gear Magazine, there are some car insurance firms that provide customers with many other benefits, like 24/7 roadside assistance, multiple payment options, bilingual customer service representatives, and low monthly premiums. Their non-affiliation with any insurance firms is what enables these independent car insurance firms to protect the interests of customers rather than the interests of insurance providers.

Understanding Alzheimer’s disease

Posted by on Mar 9, 2016 in Elder Issues | 0 comments

When an elderly relative has started to forget many things in his or her life, he or she might be suffering from Alzheimer’s disease. In the U.S. alone more than 5 million individuals whose age is 65 and above are affected by the incurable mental disorder, an article of SeniorAdvice.com said.

Though this type of dementia may also occur to younger people, it is a serious disease that commonly affects elderly individuals. Until now, medical experts and scientists do not clearly understand how protein buildups in the brain that causes damage and how to cure it. However, this serious brain disorder has various symptoms and any family members may find out if their elderly loved one is affected. A person might have Alzheimer’s disease when he or she already forgets to do the things he or she is used to do every day. When an individual’s thinking skills has deteriorated, it may be impossible for him or her to perform basic household chores like cleaning. A person afflicted with Alzheimer’s disease cannot even take a shower, eat a meal, or even wear clothes because of forgetfulness. Other signs of Alzheimer’s disease include forgetting names of family members, trouble of finding way home, and being temperamental. According to the U.S. Centers for Disease Control and Prevention (CDC), there are various factors for a person to possibly have Alzheimer’s disease. Though the best known factor for a person to have Alzheimer’s disease is through age, it may also affect individuals who have other family members already have the mental disorder.

Individuals who are diagnosed with Alzheimer’s disease are required undergo various kinds of treatments to improve their lifestyle. To lessen the progress of Alzheimer’s disease, a patient may be prescribed to take medications. There are also memory care facilities that offer therapy sessions to lessen the depression feeling of a person who have a severe Alzheimer’s disease. Patients’ condition may possibly improve when they are continuously introduced to music and arts.

Injuries from Dog Bites

Posted by on Oct 25, 2015 in Personal Injury | 0 comments

Owning a pet is a luxury that numerous U.S. citizens enjoy. However, reckless proprietors and creatures that are temperamental can lead to the public to severe results. Of these, are children and another 20% of assaults are serious enough to need medical care. Thousands of the resulting harms require reconstructive surgery that is costly.

Physical damage isn’t the single trauma that puppy attacks can trigger. The average cost of a clinic visit for a dog-bite related injury is $18,200, greater than the general hospital visit. In case, you have been injured and or a beloved one have already been attacked with a puppy, call a personal injury attorney in your own state to seek the compensation you deserve.

It’s important to be careful when reaching any creature so that you can avoid injury that is physical. It is strongly recommended to spay or neuter all pets to limit hostile behaviour and properly socialize them with other creatures and folks.

Aggressive dog types, for example, pit bulls account for 86% of assaults that cause bodily injury. As stated by the site of the Hankey Law Office, the owner is required to be mindful of their dogs and know if the animal has exhibited aggressive behavior before.

Dog bite injuries may be serious enough to bring about lifelong injuries, chronic health conditions, and yet the passing of the sufferer. Daily, about 1,000 Americans need emergency treatment for dog-bite injuries and 20 -30 individuals are murdered every year from these types of injuries.

Burn Injuries due to Someone Else’s Negligence

Posted by on Jun 9, 2015 in Personal Injury | 0 comments

Burn is a very common type of household injury besides cuts and falls, and it can be very painful, especially if it damages the layer beneath the skin where the sensory or afferent nerves (which convey sensations of heat and cold) are located.

Estimates by the National Burn Repository (NBR) of the American Burn Association (ABA) show about 450,000 burn patients receiving treatment in emergency rooms and hospitals each year (not included in this number are those treated in community health centers and private medical offices). Roughly 3,400 of these patients die due to infections or other complications resulting from the burn.

From the 450,000 burn cases, 73% occurs in the home, 8% in workplaces, 5% happens on street or highways, another 5% takes place in recreational or sport centers, while the remaining 9% happens in other places. Majority of the burn victims are children and senior citizens, while its identified causes are fire or flame, scalds, direct contact with a hot source, electricity, chemicals and others.

Third-degree burn is the most serious kind of burn because of the extent and depth of the injury it causes (some burn classifications, however, wherein a fourth kind of burn injury in included, state that the most serious kind of burn is fourth degree burn); yet, despite its severity, pain is no longer felt by the burn victim because it damages the nerves, along with the muscles and bones.

There are cases wherein the part of the body that has been affected by this type of burn will need to be amputated to save the person from any possibility of further harm; however, there are instances when the body becomes too weak to bear the pain or fight off any resulting complications, resulting to the death of the person.

Unbearable pain or death – these are sometimes the consequences of burn injuries. But what is infuriating and painful about accidents that lead to this type of injuries is that in many instances these are results of people’s careless or negligent acts, making these totally preventable. Under the law, wherever negligence is a factor in an accident-causing injury, the victim has the right to file a civil lawsuit against the liable party to seek the compensation that he or she may be entitled to receive. According to the website of the Chicago personal injury lawyers at Karlin, Fleisher & Falkenberg, the results of accidents can not be undone. However, under the American justice system, victims have the right to take legal action against the liable party to make them answer to the consequences of their irresponsible actions.

Civil lawsuits take time, besides being complicated. These also require forms and (medical and other legal) documents that need to be filed and submitted within a specified statutory time. During the litigation itself, evidences and arguments that will establish the defendant’s real accountability are necessary, as well as the computation of all the damages suffered by the victim which the proven liable party will have to compensate.

Penalties for Identity Theft Crimes in Texas

Posted by on Mar 17, 2015 in Crimes | 0 comments

Identity theft is a growing problem in America. According to the Bureau of Justice Statistics, 16.6 million individuals experienced at least one identity theft incident in the year 2012. In Texas, regulations against the crime of acquiring and using another person’s information for illegal use are under anti-fraud laws in Chapter 32 of the Texas Penal Code. Additional regulations are also mandated through the Identity Theft Enforcement and Protection Act.

Because identity theft is a white-collar crime that typically involves large financial sums, the penalties it involves can be pretty extensive. White-collar crimes aren’t commonly referred to as serious crime. Because it doesn’t involve causing any physical harm to other individuals, most people tend to think of it as something that’s easy to beat and overcome. However, those who are charged with identity theft or similar crimes will be surprised to learn that the consequences they’re facing are a lot more serious than expected.

Penalties for identity theft will differ based on particular circumstances of the crime. Depending on the specific situation, a person facing a charge for identity theft could end up getting incarcerated, having to pay fines, or serving probation. For example, a conviction for unauthorized acquisition or transfer of financial information could lead to up a year in jail. Meanwhile, conviction for fraudulent use or possession of identifying information could result in paying a maximum of $10,000 fines. In specific situations, the court can also decide to reduce penalties to a probation sentence.

Identity theft is a serious crime not only in Texas, but across the rest of the United States. If you are facing charges for identity theft crimes, it’s important to seek out legal counsel and gather appropriate advice immediately. You can click here to learn more about consulting with an experienced criminal defense attorney.