Why Do People File Probate Litigation?

Why Do People File Probate Litigation?

Jun 03

Bigger isn’t always better; sometimes, bigger means bigger problems too, especially when talking about estates and benefactors. The bigger the estate, the more problems it can usually face when there are disputes among the inheritors as there can be further complications along the line if there are quite a few heirs involved. Then you add a potential wrongful death lawsuit on top of all that drama, and you’re left with a scenario that almost certainly needs a skilled attorney to navigate.

It’s a matter of life that not every family can be as harmonious as the Brady Bunch and there are always going to be little rivalries. Perhaps the person was mistreated as a child and holds a harder grudge upon adulthood and wants more of the estate. Perhaps there was a separation between the parents and there are now the second families to be taken into consideration. There are a lot of possible scenarios in which a particular beneficiary might opt to file for probate litigation.

According to the website of Chicago probate attorneys Peck Ritchey, LLC, there are several ways that litigations of this nature could exist in varying cases such as through the breach of fiduciary duty (if the trusted fiduciary betrays the professional relationship during the proceedings), lack of mental capacity (if it can be proven that the will of the departed was not sound of mind and could have been outwardly influenced by a possible heir), among many other cases. There are several possible instances wherein an inheritor or several inheritors might feel it in their best interest for the will’s contest to be put under probate litigation.

However, this course of action can be incredibly strenuous and should only be considered and pursued with the advice of a legal professional. No probate issue is identical, due to the differing variables, and so there is no surefire way to guarantee the outcome of any legal action. It is in everyone’s best interest to thoughtfully and carefully consider all the options.

The Benefits of Preventing Disabling Workplace Injuries

The Benefits of Preventing Disabling Workplace Injuries

Jun 02

It is in the best interest of both employers and employees to enforce certain protocols throughout the nature of the contract in order to ensure that both parties are well-aware of their responsibilities. The employer, for example, is responsible for making sure that the employee they hire is physically capable of the workload that is entrusted to him or her upon employment. Failure to enforce this rule can, according to the website of WorkSTEPS, result in serious injury to the point that it could cause temporary or permanent disability.

Pre-employment testing then both protects the right of the employee to benefits should a disabling injury occur, as well as the employer from employees who might abuse the right to obtain legal compensation. It benefits both parties in the long run to take special precautions to prevent disabling workplace injuries.

However, should the circumstance present itself, the employee is then legally owed rightful benefits if he or she is ever injured at the workplace. According to the website of the Indiana Social Security lawyers at the Hankey Law Office, most people rely on their profession in order to generate income for their own families. Should they suddenly be unable to work due to an injury, it then affects the entire family as well. Employees tend to work better when they know that they are treated well and that they are protected. The protection in the form of benefits then extends to their family as well.

Disability can come in both physical and mental forms – and they can be triggered by even the most miniscule of accidents that could have been due to negligence that should have been avoided. Either way, there is a lot of stress that comes with filing for benefits as well as seeking them, should the employer or insurance company be difficult to work with.

That is why it recommended to go into the situation with legal help, should the situation call for it.

I’ve Been Injured by a Dangerous Product: What Do I Do?

I’ve Been Injured by a Dangerous Product: What Do I Do?

Jun 01

Corporations have a responsibility to the masses that they sell to – that responsibility being that they make sure that the products they manufacture or develop, and distribute. If the products they then allow to be consumed by unwitting masses are dangerous, they are then legally accountable for any and all damages that the victim of the faulty product acquired.

According to the website of lawyers Pohl & Berk, LLP, a situation like this falls as a subset of personal injury. Personal injury is the legal term used for injury that has been sustained by the person instead of property due to ignorant or willful negligence. Due to the broad nature of the lawsuit, there are many different subsets under it and each subset requires a certain experience of study and specialization in order to defend properly.

Take, for instance, the example of Topamax. Information found on the website of Topamax lawsuit attorneys at Williams Kherkher, says that Topamax has been an approved drug used to treat epilepsy patients in order to prevent seizures. Soon, the U.S. Food and Drug Administration (FDA) then approved the use of the drug to treat migraines as well. (Migraines are markedly different from the usual headache in the sense that is relatively more extreme and also, in some cases, causes nausea and blurred vision, making it quite debilitating and painful.)

However, some years after the FDA approved of the drug for treating migraines, there has been evidence that the use of Topamax has caused birth defects in newly born children after the mother took the drug during pregnancy. It is suggested that consumption of Topamax during pregnancy increases the risk of cleft palate in the child or Hypospadias in boys, where the urethra is not in the appropriate place at the tip of the penis.

Some of these conditions are treatable with surgery but the cost of those medical expenses as well as the stress and pain that a family must go through due to this drug intake makes the manufacturers and distributors of the drug, Johnson and Johnson, as legally responsible for the damage, thereby should be made financially accountable for the recovery of all those affected by the drug. This is only one of the situations that can come from the consumption of a product that you did not know was dangerous.

If you or someone you know has been affected by dangerous products or consumer goods, do not hesitate to contact a lawyer with experience in this particular branch of the law immediately. While experience does not guarantee success, experience does guarantee an intimate and more specialized knowledge of the material, which could prove advantageous in court.

Real Talk behind Bankruptcy

Real Talk behind Bankruptcy

May 30

Bankruptcy has not received the best reputation and more often than not, people associate filing for bankruptcy as the one-all, end-all of their futures, as an absolute last resort. It is not without reason – the word itself doesn’t necessary inspire the most positive of outcomes, nor has media representation been kind to the concept. However, filing for bankruptcy need not be the end of all hope – but the start of a whole new beginning with a clean credit history.

According to the website of Erin B. Shank, P.C., many people benefit financially after filing for bankruptcy. Some of these people are elderly people or veterans of war who are not always in the best financial states and it was filing for bankruptcy that allowed for them to keep certain assets such as their homes or vehicles with paying off their dues through a payment plan that works in accordance with their income and lifestyle.

Anyone can file for bankruptcy, if the situation really demands for it. Perhaps you are drowning in credit card bills or mortgage payments or student loans. If so, a consultation with a bankruptcy lawyer can help determine if filing for bankruptcy is the best course of action for your current situation.

There are several different chapters of bankruptcy that you may qualify for and they are highly individualized in order to cater to your given circumstance or the payment plan with which you wish to uphold in order to achieve financial stability. For individuals or private citizens, one of the most sought after claims for bankruptcy is the Chapter 7 claim. In fact, it is the most filed claim in the United States – and some people, with the help of effective bankruptcy lawyers, are free from all their debts within three to four months and are allowed a fresh financial start.

The Risks of Construction Work

The Risks of Construction Work

May 29

A lot of people tend to disregard the benefit of good, honest, manual labor. The pull of comfort in air conditioned surroundings without having to have grime and dust almost permanently embedded in your fingernails can be preferable to a lot of people – and it’s true, the world of construction isn’t for everyone. The men and women who make their livelihoods through this profession, however, are commendable for the hours they do, and the blood, sweat, and tears that they give in order to get the job done. As much as many people don’t want to do the job, it is a job that needs to be done.

A construction worker’s job is mainly tied to their hands and their strength. The loss of either one of those through an accident can be personally catastrophic. Can you imagine working with your hands all your life for a job you love, only to have them suddenly paralyzed or need to have them amputated due to a construction site accident?

It is a truly physical job that, in turn, dabbles with a lot of potentially dangerous materials and hardware. There are a lot of safety precautions in place in order to make sure that there are no mishaps or unfortunate incidents that result in personal injury. Ask any personal injury lawyer and they can tell you that injuries sustained with a construction site involved can get a lot more complicated than usual due to the quid-pro-quos that come with the profession. There is due risk and if there was injury sustained that requires compensation, there is needs must for proper investigation into the matter.

According to the website of New York City construction accident lawyers at Hach & Rose, LLP, there are many varieties of accidents that are prone to happen in situations surrounding construction sites. Was the work site constantly maintained and built upon sound enough foundation that could withstand the amount of work and pressure done to it without incident? Were the forklifts or cranes or other equipment handled by a worker that knew how to handle it? Was a worker injured due to a flaw in the design plan?

There are many situations involving construction site accidents that could constitute a lawsuit of personal injury. If you think you have been the victim of a construction accident that could have been prevented with adequate safety precautions, seek a personal injury immediately.