The Advantages of Having Premarital Agreements

By on 4-25-2017 in Premarital Agreements

The Advantages of Having Premarital Agreements

When you get married, you always think that the relationship will be forever, but in reality, this is not always the case. Many marriages end in divorce, and usually, the divorce process involve a variety of disputes regarding assets and liabilities.

This is understandable, because each spouse will always think about his or her best interest. But not because it is understandable it already means that it is just, because it is more likely that one of the spouses rightfully deserve a bigger cut in the division of assets. To avoid unnecessary disadvantages, it is best to get a premarital agreement. A premarital agreement is a document containing rules of the marriage and possible actions in the event of a separation.

However, according to the website of Kirker Davis, LLP, premarital agreements can be nullified because of various reasons, such as problems on the signing process, like when a party did not sign the agreement voluntarily. But when it is not nullified, it can be a force that can protect your interests.

It protects your separate properties

If you are bringing significant assets in the marriage, getting a premarital agreement is a good idea, because you can clearly state that your properties are solely your own, so in the event of a divorce, your partner will not have a legal right to claim it.

It protects you from undeserved liabilities

A marriage can be financially troubling if your spouse has huge debt. You can get a premarital agreement indicating that the debt is solely on your spouse, so you won’t receive undeserved liabilities such as debts.

It protects your assets upon death

In case of your passing, your properties may be subject to state laws, and this can be disadvantageous, especially if you have children on another marriage. By having a premarital agreement, you can indicate that some of your properties will go to these children, so they will have secured assets even when you are already gone.

It prevents divorce disputes

Having the legal backing of a premarital agreement also avoids disputes during a divorce, because the agreement can clearly contain procedures regarding division of assets, spousal support, and other possible legal issues.

Why Distracted Driving is Dangerous

By on 2-12-2017 in Automobiles

Distracted driving is an inexcusable reason for a car accident, especially because it can easily be prevented. It is as if distracted drivers are deliberately distracting themselves because they are bored in the act of driving and they are too complacent that nothing bad is going to happen.

According to the website of Woonsocket, Rhode Island car accident attorneys of the Law Offices of Ronald J. Resmini, LTD., accidents caused by distracted driving can be very complicated. But it doesn’t change the fact that the negligent parties can be taken to court for compensations.

But how exactly does distracted driving cause accidents?

It takes your eyes off the road
The most common distractions include mobile phones, GPS devices, radios, food, and drinks. These distractions put your eyes off the road, as you look at text messages, locations, and playlists. If your eyes are off the road, you have no time to react to stimulus, such as curves, turns, traffic signs and lights, and other vehicles.

It takes your hands off the wheel
These distractions not only put your eyes off the road, but they also put your hands off the steering wheel and gear. If your hands are off the wheel, you are compromising your control over the vehicle, potentially putting you in a disaster. You can accidentally change lanes and hit another vehicle. You can swerve into opposite traffic and collide with an oncoming vehicle. You can even veer off the road and crash into obstacles or embankments.

It takes your mind off the act of driving
Sometimes, distracted driving does not involve external factors such as mobiles phones and food. It may involve the mind and your ability to drive, such as when you are thinking of something else or feeling bad emotionally or psychologically. Other instances where you get your mind off the act of driving include too much talking with your passengers, singing along with your radio, and daydreaming.

Signs of Sexual Abuse in Nursing Homes

By on 1-03-2017 in Nursing Home Abuse

Elder sexual abuse refers to physical or sexual contact with an elderly person, who is most of the time limited physically and psychologically to give consent. It doesn’t matter if the contact is minor or significant. As long as it is non consensual, it is considered sexual abuse. This means that sexual abuse can range from unwanted touching to downright rape.

Sexual abuse is one of the worst kinds of abuse an elderly can experience in a nursing home. What makes things worse is that some elders are not able to communicate that they are victims of sexual abuse because of their physical limitations or fear to their abusers, leaving them to suffer in silence.

But it doesn’t have to be that way. Being the person who is not limited physically and mentally, you should be the one who is assertive toward the protection of your loved one against abusive bevariors in the nursing home. Below are physical traits that may signify that your loved one is experiencing sexual abuse.

Anal or genital issues such as irritation and bleeding
Injuries in the inner thighs or genital area such as bruises
Difficulty in sitting, standing, and walking
Pelvic injury
Sudden emergence of sexually transmitted diseases (STDs)

Aside from physical attributes, you should also observe your loved one’s overall behavior, because it can give signals that your loved one is experiencing sexual abuse. If the patient appears anxious or fearful whenever a certain person is near, he or she may be suffering some kind of abuse from that person. Also look for inappropriate sexual behaviors, suicide attempts, and withdrawal from social interaction.

It can be overwhelming to discover that your loved one is experiencing sexual abuse in the nursing home. It is painful. But it is much more painful to the elderly person who is already frail to begin with, but still suffers from the abusive behavior of the medical staff, resulting into physical, emotional, and psychological damages.

Losing Weight for Good through Hypnotherapy

By on 11-20-2016 in Hypnosis

The idea that one is beautiful has always been erroneously associated with body shape and size. This is why many people, especially those who are overweight and obese try so hard to look for the easiest and fastest remedy that will enable them to cut corners, solutions like extremely tiring and demanding exercise regimes, fad weight loss diets and diet pills. These quick, temporary solutions, however, are most likely to fail because these do not address the real source of the problem.

Well, let’s face it. Being heavier does have negative effects. First, it is unhealthy and increases a person’s risk of developing severe conditions, including type 2 diabetes, high blood pressure, high cholesterol, heart disease, stroke, heart attack or cancer. Second, it has social repercussions, like verbal/emotional bullying and/or discrimination, which can lead to low self-confidence, stress and/or depression.

Some of those whose resolve to lose weight is sincere (like through dieting) achieve what they hope to accomplish. However, diet and nutrition plans focus only on the food they eat – specifically, the food’s nutritional value and the amount consumed. Eat plenty of non-nutritional food, though one may enjoy, he/she will suffer his/her act’s consequence: additional body fats and weight. On the other hand, diet and eat only nutritional food, one may dislike the lack in taste, but he/she would not be sorry for the results. The only concern he/she would have is how long he/she will have to keep eating this way.

Hypnotherapy as a solution for weight loss is an alternative, a very effective alternative, in fact to dieting and exercising too much (well, exercising, not too much, should never be taken out of the picture, though, due to the tremendous benefits it has). While hypnotherapy does not make one stop from eating nutritional food, what it does exactly is make him/her enjoy the food he/she is eating. It makes a person change his/her thinking pattern, allowing him/her to gain control over his/her cravings in a way that will not depress him/her.

As explained in the website of the Orlando Hypnosis Clinic, hypnosis is not a magic pill or solution that will make a person drop thirty pounds in a week; this is neither realistic nor healthy. Positive suggestions, instead, is what will serve as the roadmap to success. While in a comfortable trance state a hypnotist will give verbal positive suggestion to eat healthy food instead of junk food. He/She will help replace bad behavioral habits with healthy ones.

After hypnosis the person hypnotized may even become aware that he/she always has a choice when it comes down to what to eat: nutritional meal, fruits, and vegetables. That’s it. Hypnosis is a very effective tool for normalizing weight naturally – without surgery, drugs or pills.

Domestic Violence: A Crime Wherein Both Women and Men are Victims

By on 9-09-2016 in Domestic Violence

Domestic violence, according to the National Coalition Against Domestic Violence, affects millions of American households each year. Though majority of victims are women (about 1.3 million women are abused by their partner every year), a survey conducted by the Centers for Disease Control and Prevention (CDC) says that 40% of the total number of victims of severe, physical domestic violence are actually men. These men, however, are not those who are too weak to fight back, rather, they are those who do not wish fight back; those who would rather be hurt than hurt their partner.

Anyway, whether the victim is a man or a woman, the fact that domestic violence or domestic abuse causes pain and destroy lives cannot be contested. No uniform definition of domestic violence exists in all U.S. states; some definitions say that domestic violence is an abusive, or a pattern of abusive, act/behavior committed against a person (the victim) with whom the perpetrator of the act has an intimate or sexual relationship with, such as a spouse, a dating partner or a sexual partner. Some definitions, on the other hand, include all persons in a domestic relationship; thus, besides a spouse, this will include children and other relatives living with the aggressor (some other states even include in their list of persons protected by domestic violence laws, a former spouse, a former sexual or dating partner, an in-law, a step-parent, and a step-child.

Domestic abuse can be physical, emotional, psychological, sexual, or economic in nature. It can also be threats of action that can influence another person; these threats include actions intended frighten, hurt, injure, intimidate, terrorize, humiliate, or manipulate another. Specific actions that are considered as abuse include punching, hitting, kicking, shoving, pushing, sexual assault, intimidation, stalking, withholding money, constant or repeated name-calling, isolating a partner from others, wielding a weapon against someone, and so forth.

Criminal prosecution of domestic violence charges fall under assault and battery laws, menacing, harassment, or false imprisonment (a tort and a common-law felony due to the act of restraining a person in a restricted area without justification or consent).

According to a Nashville domestic violence defense attorney, when police officers respond to an incident of alleged domestic violence, state law mandates that the preferred response of officers is to arrest the primary aggressor. Though this law is intended to protect victims of domestic violence, it may also force the hand of the police to make arrests that they may not have to do otherwise. Regardless of the events that led to an arrest, the severity of a domestic violence accusation, whether it is true or baseless, will require an accused to hire a highly-competent domestic violence defense attorney for the best possible defense that may save him/her from conviction, as well as for him/her to clear his/her record of the charges made against him/her – for the protection of his/her rights and future.

How To Find Car Insurance For Drivers With Bad Record

By on 5-23-2016 in Automobiles

Having a bad driving record does not mean you will not be able to apply for a car insurance. It could be a challenge to find an insurance provider that will provide you an affordable insurance policy but it is not impossible. According to the website Karlin, Fleisher & Falkenberg, even if you have a not so perfect record, there are still options for auto insurance coverage.

If you have a bad driving record, you will be charged with higher premium rates in contrast with those with a clean and spotless record. This is because most insurance companies will consider you as a high risk driver hence the high premium rates. Since having a car insurance is a requirement in the United States, you might have no choice but to go for the premium with the high rate.

Don’t be discouraged if you were given an insurance with high premium rates. Use your bad driving record as an opportunity for making an improvement. This is your chance to show insurance companies that you can be a responsible driver. When you have a bad record as a driver, try following traffic rules and avoid involvement in traffic altercations as this will only compound your woes.

If you have a bad driving record, you might want to take the necessary steps to improve your status so that next time you apply for car insurance, you will get the standard rates that insurance providers normally charge. Yes, it can prove to be a burden to you but making an effort to erase your bad record can pay dividends in the long run. Following traffic rules, avoiding collisions, and reducing the number of traffic tickets can go a long way in helping you remove your bad record. Who knows? You might get the right car insurance premium that is right for your budget.

Understanding Erb’s Palsy

By on 11-27-2015 in Medical Conditions

Erb’s Palsy, also called Erb–Duchenne palsy or brachial plexus injury, is physical paralysis of the arm from upheaval as a result of hard labor, producing primarily. The damage is predicated on the primary nerves of the arm which are part of the brachial plexus. When shoulder dystocia occurs during childbirth because of the irregular position of the child or inferior contractions of the womb Erb’s palsy from birth trauma might result. Consequently, excessive power may be applied by the obstetrician in supplying the baby, inducing the C5- C6 nerves stretched, to become pulled, split.

When the damage is slight, Erb’s palsy may solve without medical input over several months. To the hand, more serious cases might require surgery or real therapy, and has to be performed since possible. Older infants are not worked as successfully on by such procedures. In most cases where the nerves are divided, recovery of function is incomplete. Also, then it might take a group of processes plus several years in addition to rehabilitation. Nerves that are avulsed, can’t be fixed.

Managing Erb’s palsy where the nerves were torn or avulsed is difficult. One shoulder is  typically effected, and may involve hand and the arm too. According to the website of the Driscoll Firm, the affected limb will expand while the child ages but in a slower rate, and because it doesn’t perform, it will become clearly smaller as the child grows older. Apart from the functional impairment, kids may influence their societal and mental development and with Erb’s palsy might experience besides their friends. It’s generally agonizing for almost any guardian to watch a child experience through no-fault of its.

Obligation for a birth injury including Erb’s palsy is difficult to identify. In some cases, it may not have been unnecessary for the doctor to use pressure so that you can conserve living of the child. However, you can find situations where the physician was simply incompetent, reckless or liable, in which case it could not be impossible to create an action of medical malpractice against perchance a medical facility and the doctor. This may aid in creating life easier for your child, who will not need intensive and long-term health care bills.

The Causes and Consequences of Dog Bites

By on 8-21-2015 in Animal Attacks

Dogs are integral members in millions of American homes. These pets make for an easy fit in family environments thanks to their sweet and friendly dispositions. Unfortunately, there are also moments when dogs can pose a great risk to the people around them, especially children. It isn’t uncommon for these beloved pets to become aggressive when faced with something that they perceive as a threat. Oftentimes, this perceived threat and fear can causes the dog to lash out and attack. These attacks can quickly become dangerous and cause serious injury to those that become affected by the dog’s sudden change in behavior.

As the Jeff Sampson Law Firm notes on its website, dog bites can very often lead to a number of different injuries that require hospitalization and immediate medical attention. Some of the most common consequences of dog bites include broken bones, severe lacerations, hemorrhaging, puncture wounds, bacterial infections, viral infections like rabies, and severe contusions. These injuries are become even more alarming when one considers that most dog bite victims are children. Younger kids are particularly vulnerable to such accidents because they might not be able to properly perceive the changes in an animal’s behavior indicating that it is feeling threatened and starting to become aggressive. Children are more likely to let these signs go unnoticed and continue interacting with a volatile dog.

Fortunately, there are a number of methods that pet owners can use to prevent dog bites from happening. For one, pet owners should take responsibility in ensuring that their dogs receive proper training and socialization to foster positive behavior. A majority of the United States have also imposed laws requiring dog owners to make sure their pets are properly leashed when out in public areas. Some states also regulate the ownership of some of the most aggressive dog breeds to ensure that they are properly looked after without posing any risk to the public.

Truck Accidents: Who is More at Fault?

By on 4-14-2015 in Automobiles, Injury

All drivers would surely want to get to their destinations safely, especially if they find themselves sharing the road with a big truck; but if they end up driving at the truck’s blind or “no zone” area, tailgate it or cut in front of it, then the likelihood of an accident wouldn’t be remote.

About two million semi-trucks, big rigs, tractor trailers, and 18-wheelers ply major US roads and highways. And, every year, close to half a million of these trucks figure in an accident, based on a report to the US Department of Transportation. An estimated 130,000 of these accidents result in injuries, while about 5,000 end in fatalities.

Despite the big number, accidents involving trucks are very much smaller compared to car accidents and, surprisingly, in accidents wherein a truck and a car are involved, fault is most often blamed on the driver of the smaller vehicle.

Due to their big size and very heavy weight trucks are considered threats on the road. They can easily crush, like tin cans, anything that would block their way. They require longer breaking distance, carry heavy (sometimes even toxic) cargo, and require federal standard and not worn-out tires to ensure traction, especially during emergency breaks. Truck drivers also regularly drive cross-county, often for at least 10 hours straight, and would usually ignore fatigue or sleepiness due to truck operator’s pay-by-the-mile rule. These are some of the reasons why applicants for a commercial driver’s license are made to go through tough training and tests (written and a three-part skills test on vehicle inspection, basic control and road test) to make sure that they are equipped with the necessary knowledge and skills required in operating a truck safely.

It is obvious, however, that despite drivers’ training and readiness to handle their trucks safely plus car drivers’ own set of requirements before being issued a driver’s license by their state’s Department of Motor Vehicles (DMV), someone is still very likely to act negligently on the road.

The website of The Law Offices of Crowe & Mulvey, LLC, could not have put it more clearly when it said that we all have a “moral and legal obligation to ensure that we do not recklessly endanger others.” Thus, if by a person’s actions someone gets injured, then that person becomes legally responsible for the results of his/her carelessness or recklessness.

Keeping Your Storage Safe

By on 2-01-2015 in Safe Storage

Storage tends to be used for things that you care about but do not necessarily want to look at every day. If you put something in storage, odds are you care about it since you are going out of your way to not throw it away. Burglars know this, which is why storage robbery is so common. Here are a few tips on how to prevent your items in storage from being taken.

It should go without saying, but make sure the storage space you are renting has adequate security. Ideal security would include security cameras and key fobs. Although a traditional lock and key or punching in a code could suffice, they are easier systems to infiltrate. After all, it is an investment for your possessions.

The website of Ben White Mini Storage says you should check your storage unit once a month. However, if possible you should check it more often than that. Storage burglars tend to seek out spaces that seem abandoned, so they more you visit your storage space, the more likely they will see you and avoid that area. Visiting your storage space often reaps other benefits other than security. If you keep vehicles in storage, you can run their engine every once in awhile to keep them working properly. It will also remind you what you stored, making it easier to keep track of all of your items. You should also never keep a vehicle’s keys with it in storage. Doing so only makes it easier for a burglar to steal it.

Finally, if you have smaller valuable possessions in storage, find creative ways to hide them. For example, you could keep them in the glove compartment of a vehicle, the drawer of a dresser, or underneath a couch cushion. Sometimes burglars are just looking for something quick and easy to take, so they will not bother with larger items.