A Premarital Agreement is Made in Contemplation of Marriage

The pre-nuptial agreement is a legal document that marrying couples may want to consider entering before actually tying the knot. While some individuals see pre-nuptial agreements as a sign of mistrust towards the person with whom they will spend the rest of their lives; many financial experts, legal professionals and marriage counselors rather say that entering into one is rather advantageous, especially in the event that the marriage does not work out and end in divorce.

Pre-nuptial, ante-nuptial or pre-marital agreement gained popularity in the U.S. in 1848 after the Married Women’s Property Act was passed into law. Prior to this law, a legal policy known as “coverture” required that a woman who entered into marriage had to surrender to her husband whatever she owned, even her rights and identity. Thus, the right to own properties, as well as the right to sell or transfer these properties’ ownership was alienated from her.

Coverture also took away a wife’s rights from getting an education and from receiving a salary (unless she was allowed by her husband); thus, if she was allowed by her husband to work, she will have to surrender all her earnings to him. Simply put, the coverture policy took away a wife’s civil and property rights, and rendered her only as an extension of the man she married.

The Married Women’s Property Act gave married women the right to earn and keep her earnings – this, somehow, offered her a bit of protection in the event that her husband divorces her (as divorce was common thing during those times).

A pre-nuptial agreement, to be understood by both parties, will need to be discussed by them as candidly as possible. You may seek the assistance of lawyers who will see to the observance of both of rights and interests and who will prepare the necessary documents based on the decisions arrived at. Some of the benefits this agreement provides include protection:

Over wealth inherited from your family;
Of your personal and business properties and assets made before marriage;
Of the financial security of your child/children from a previous union; and,
From lengthy and costly court settlement in the event of divorce.

As explained by Kirker Davis, LLP, drafting and signing a premarital agreement remains a contentious issue for many couples. However, having a premarital agreement is the best way to protect the interests of you and your spouse. A premarital agreement is defined in the state of Texas as “an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage.” The agreement must pertain to property held before or gained after marriage, including income and earnings. It is imperative to have the strongest legal team conducting your premarital agreements to protect your best interests.

The Dangers of Wrong Diagnosis

Medical professionals are there to help diagnose health conditions and treat them, but sometimes, they also make mistakes. It is important to note that health is a very complex matter, and errors on the part of the medical professional does not automatically mean that he or she has become negligent and incompetent.

But this doesn’t change the fact that a wrong diagnosis can have serious consequences. According to a wrong diagnosis article from the website of Habush Habush & Rottier S.C. ®, you may be eligible to pursue a medical malpractice claim against a responsible party.

To prevail, there are usually three things to prove:

  • The existence of a doctor-patient relationship
  • The doctor has become negligent, like failing to provide competent treatment
  • The doctor’s negligent tendency has caused injury to the patient

Wrong diagnosis can happen in many ways, but the most common instances include the following:

  • Healthy but diagnosed as sick
  • Sick but diagnosed as healthy
  • Diagnosed with a wrong medical condition
  • Diagnosed with a wrong subtype of a medical condition

Wrong diagnosis can be very dangerous. Healthy persons diagnosed as sick can receive complications and unnecessary financial damages from medical costs. Sick persons diagnosed as healthy may experience worsening medical conditions and development of additional complications. At worst, a wrong diagnosis may even cost the life of the patient.

There are also instances where medical professionals commit wrong diagnosis because of external factors that affect their capabilities. Issues such as the lack of medical facilities may result into inaccuracies in diagnostic procedures. Management problems, like understaffing, lack of training of staff, and overcrowding of hospitals, can greatly contribute to medical malpractice cases such as wrong diagnosis.

It is tragic to realize that patients, who are supposed to be receiving adequate and dignified care from the medical staff, are at risk because of the negligence of physicians and hospital managers. It is good to know that the law is on the side of the patients, as there are a lot of lawyers out there who specialize on medical malpractice cases.

What You Need to Know About Alimony Payments

Going through the process of divorce means that the legal union between spouses effectively becomes terminated, leaving them free from the commitment they’ve made with each other. Despite this dissolution, spouses that were once married to each other do not usually part ways without having at least some sort of shared responsibility or obligation that they will need to continually fulfill. This is true for couples with children that are looking to continue parenting together, as well as for couples where one of the partners ends up experiencing significant financial turbulence after the conclusion of their union.

According to the Raleigh divorce attorneys of Marshall & Taylor, P.C., it isn’t at all uncommon to find one partner experiencing a significant decline in their standard of living following a separation. Such an outcome is common for situations where one of the spouses had to forgo professional opportunities to become a stay-at-home parent or to help the other spouse advance in their career. Whatever the case, the law provides ways to ensure continued spousal support through alimony payments.

Alimony payments are expected to be made by the partner that is known to be in a better financial position. In most cases, this is determined by the court based on a number of factors. The most common factors that a judge will consider when making a decision regarding alimony are each spouse’s income and employment status, their age, as well as their current health status. The court is also expected to decide how long alimony needs to be paid, and in what sum.

When alimony payments aren’t promptly made, it’s wise to consult with an experienced family law attorney to avoid protracted disputes. Expert legal assistance is also required in cases where one or both couples experience lifestyle changes that might prove that there has been a significant change in their financial needs.

Rights of a Worker In A Workplace Accident

Rights of a Worker In A Workplace Accident

When employees report for work, they assume that they are safe from any harm or injury. In general, employers have the responsibility to ensure the safety of their promises and working conditions for their workers. When companies fail on this responsibility, employees have valid grounds for suing their employers. According to the website of Williams Kherkher, injuries can have a huge impact on their workers not only physically but financially as well.

When you get injured in your workplace, you have legal rights that you can exercise to make your employer liable for the injuries you incur. While they may vary from one state to another, there are a number of rights that is common in majority of states.

  • You have the right to claim workers compensation for injuries or illnesses in a court
  • It is your right to consult a doctor and seek medical treatment
  • If cleared to return to work, you have the right to return to your job
  • If temporary or permanent disability keeps you from returning to work, you have the right to be paid disability benefits
  • If you do not agree with any decision by your employer, its insurance company, or the court, you have the right to appeal the decision
  • You have the right to an attorney who will represent you in court

Your employer is required by law to report any accidents or injuries, no matter how minor it is. They should record such in an accident book. The Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations (RIDDOR) requires your employer to report workplace accidents. On your part, you need to ensure that such is reported correctly.

Aside from reporting injuries, your employer also has the responsibility to conduct a risk assessment and ensure the health and safety of their employees. As an employee, you will be entitled to receive compensation which includes:

Sick Pay

Your injury or illness would cause you to be absent from work so you have the right to be paid Sick Pay. Aside from that, your employer may have a payment scheme for additional benefits due to accidents or may pay extra depending on the accident.

Compensation

If you think that your employer can be held liable for your injury or illness, you can file a personal injury claim. You need to file it within three years after the date of the accident or you will not be able to recover anything beyond that.

Knowing your rights during a workplace accident can help you recover potential lost income due to your accident or injury.

 

Sharing Roads and Highways with more than 20 Million Uninsured Drivers

According to the Insurance Research Council (IRC), an independent, nonprofit research organization, in 2012, the number of those who continued to drive despite not having insurance dropped to 29.7 million (a decrease of 1.8% from the 2009 total). The top three states with the highest number of uninsured drivers then were: California, with 4.1 million; Florida, with 3.2 million; and, Texas, with 1.6 million.

The Financial Responsibility Law is in effect in all US states. This law requires drivers to demonstrate financial capability to compensate victims of accidents that are due to their fault. This financial capability may be demonstrated by:

  • Carrying auto liability insurance, which is actually a mandate in 48 states
  •  Complying with alternative financial responsibility requirements (if the driver chooses not to purchase auto liability insurance coverage), which is the case in the state of New Hampshire
  • Depositing cash or securities with the state’s Department of Motor Vehicles (DMV) rather than carrying auto liability insurance, as what is allowed in the state of Virginia

The types of auto insurance coverage mandated in 48 states are the tort liability car insurance and the no-fault liability car insurance (this is also called Personal Injury Protection or PIP). In tort states, where drivers need to carry tort liability car insurance, victims of accidents can claim compensation from the at-fault driver’s insurance provider; they are also allowed to file a civil lawsuit against the at-fault driver (usually to determine whose fault the accident really is and to settle their claims).

In no-fault states, insurance companies pay their own policy holders, regardless of whose fault the car accident is. There are 9 states that require the no-fault liability car insurance on drivers, while another three, Pennsylvania, New Jersey and Kentucky, allow drivers to choose either the tort liability car insurance or the no-fault liability car insurance. The nine no fault states are Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, and Utah.

The high cost of premiums, according to Habush Habush & Rottier S.C.®, an independent car insurance company, is no excuse for drivers not to carry car liability insurance. There are three reasons why this is so: carrying car liability insurance is a mandate; it will be more costly not to carry one when they are caught by traffic enforcers or when they get involved in an accident; and, if they do get involved in an accident and they have no financial capability to compensate their victim, they may lose their property since this will have to sold to enable them to pay for damages.

To find the best insurance deal that is within their budget, drivers can seek the help of independent car insurance companies, which can provide them with insurance quotes patterned according to their needs.