How about an overview of benefits for family members?
Free Case Evaluation From An Experienced Social Security Disability Attorney.
How about an overview of benefits for family members?
Other members of your family may be eligible for social security benefits when you collect social security retirement or disability benefits – such as:
(1) your spouse if s/he is age 62 or older
(2) your spouse if s/he cares for your child under age 16 or child who receives social security benefits
(3) your unmarried children under age 18 – or under age 19 while a full-time student in elementary or secondary school – or age 18 or older who is severely disabled
Each family member may be able to receive up to 50% of your retirement or disability benefit amount but the amount of social security benefit payments is limited to 150% to 180%, depending on your particular circumstances. If the total of all benefits paid to family members exceeds the allowable limit, the benefits paid to the family members is reduced – the benefits paid to the worker are not affected by the limitation.
If your ex-spouse had been married to you for at least 10 years, is at least age 62, is unmarried, and is not eligible for an equal or higher on his/her own or someone else’s social security record, your ex-spouse may be eligible for benefits based upon your social security account. Although your ex-spouse may receive benefits based upon your social security account, this does not affect any benefits payable to you and your other family members.
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Categories: Family Law FAQ Tags: family
Yamaha Rhino: More & More Lawsuits Being Filed
Yamaha Rhino Lawsuit Defective Products
Yamaha Rhino: More & More Lawsuits Being Filed
Yamaha, the manufacturer of the Rhino, an all terrain vehicle (ATV), started seeing lawsuits being filed against it almost immediately after the Rhino was introduced five years ago. The number of lawsuits continues to increase as consumers continue to suffer serious injuries.
Serious injuries
Consumer groups say that serious injuries have occurred – and continue to occur – because Yamaha’s Rhino was rushed to market and is defectively designed.
Rushed to market. Experts say that Yamaha’s Rhino, which was meant to be used in rugged terrain, around a ranch or on flatland, was rushed to market after its competitor, Kawasaki, introduced the Mule – a similar vehicle. In order to get the Rhino to market quickly, Yamaha simply used the engine and chassis from its Grizzly – an ATV it already had on the market.
Experts say that Yamaha never adequately tested the vehicle before putting it on the market. While the company began seeing complaints – and lawsuits – it offered to install safety features to the vehicles. The only official recal has been for 2008 models because of problems with a brake caliper that causes brake fluid to leak.
Defectively designed. Yamaha’s rush to get the Rhino onto the market more quickly left little time for it to be effectively designed. The vehicle has a very high center of gravity and a very narrow wheel base and has a propensity to rollover – often crushing the driver or passengers’ limbs due to a lack of safety features such as doors or handles (which were only offered recently) to keep occupants inside of the vehicle. Unfortunately, many consumers didn’t realize this until it was too late.
If you’ve had an accident while being an occupant in the Rhino, click here to contact a Yamaha Rhino attorney at AttorneyPages.com.
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Categories: Personal Injury Laws Tags: accident, consumer
What are the liability issues involved in a mold case?
Mold Case Liability Issues Injury Law
What are the liability issues involved in a mold case?
The most common “theories of liability” that an attorney would look at in a mold cases might include:
· Negligence – where the plaintiff must establish that a defendant’s (or more than one defendants’) failure to live up to a responsibility (also known as a “breach of a duty”) caused the damage. When someone has been careless and has caused injury or costly damages to another person, they can be held responsible for the damage or injury under a “negligence” theory. In a mold case, an example of negligence might be if a subcontractor left wood or paper-coated sheet rock building supplies out in the rain, then used the still-wet supplies to construct the foundation or inner walls of a house, leading to a serious mold problem.
· Breach of contract – an example would be claims against contractors, architects and builders for construction defects that would not be reasonably expected based on your agreement with them. For example, when you contract with a builder to follow an architect’s plan to construct your home but the builder cuts corners on the plan, leading to a method of construction that causes a mold problem, this is likely a violation, or “breach,” of your contract by the builder. Or if your contract with a builder states specifically that your walls will be built out with Dens Glass Gold sheet rock, which has a moisture-proof coating, but the builder uses a different and inferior gypsum board that becomes moldy from exposure during the construction of your home, you would also have a breach of contract claim.
· Breach of warranty (express or implied) – claims for breach of express warranties are contract claims that focus on the terms and conditions of the contract involved. For example, if a contract between you and a builder states that the builder warrants that the finished construction product will be “free from defect,” but it turns out a construction method has resulted in gaps in your siding that cause mold in your walls, this is a breach of an express warranty. Breach of implied warranties are based upon the idea that a house or building was designed and is usable for its intended purpose. For example, if you hire an architect to design your home and the architect’s design includes a type of flat roof that is inherently prone to serious and damaging leakage, and the roof does leak, you likely have a claim for a breach of implied warranty because it is implied in the contract with an architect that the roof he or she designs will be usable as a functioning, non-leaky roof.
· Fraudulent misrepresentation/concealment – in a sale of real estate, the seller has a duty to disclose latent defects to the buyer which are known or should be known and that are not necessarily discoverable to the buyer upon reasonable inspection. This duty also extends to a realtor when known conditions are not disclosed or are concealed. For example, if the sellers of a house know of a serious mold problem such as the presence of fungi and black within the main walls of a house but there are no outward signs at all of this hidden problem, the sellers, and the sellers’ realtor, must disclose this problem to potential buyers or be at risk for a claim against them for fraudulent misrepresentation once the problem is discovered. The sellers and realtor could also face a fraudulent concealment claim in the case where outward signs of mold, such as damages sheet rock, are replaced and painted-over, to hide the underlying problem without fixing it. An attorney can advise you as to what types of claims you may have that are worth pursuing. You should contact an attorney as soon as possible, since each state limits has a statute of limitations which limits how long you have to sue. If you would like an experienced lawyer to assess your case at no cost or further obligation, please fill out Free Advice’s case evaluation form, and an attorney will contact you directly.
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Categories: Personal Injury Laws Tags: C, estate, example, injury, Lua, real estate
I have no property or assets to turn over to the trustee. Can I still file?
no property consumer bankruptcy
I have no property or assets to turn over to the trustee. Can I still file?
Yes. Typically most Chapter 7 cases involve individual debtors who have no assets to satisfy any portion of their creditors’ claims. These are called “no-asset” cases. In this event, the court will hold a discharge hearing, and if there are no objections to discharge filed by creditors, the court will cancel (discharge) the debts covered in the petition. You are then no longer responsible for those debts.
To qualify for a Chapter 7 bankruptcy and dismissal of your debts, your income must be below your state’s median level; if higher, your option is to repay a portion of your debts under a Chapter 13 plan.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer
What if I license others to use my trademark?
Trademark Licenses Trademark Law Intellectual Property
What if I license others to use my trademark?
The licensor of a trademark should also require that its licensee clearly and frequently declare the license relationship on packaging and advertising materials. For example, “Manufactured by XYZ Co., under authority of ABC Co., owner of the trademark DEF.”
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Categories: Intellectual Property Laws Tags: C, example
What about ‘living together’ contracts for couples who do not plan to marry?
Living Together Pre Marital Agreement
What about ‘living together’ contracts for couples who do not plan to marry?
The same concerns and considerations by couples who do plan to marry and who draw up a premarital contract apply to couples who never plan to marry.
As with prenuptial agreements, safeguarding income and assets – and negotiating an agreement — in the event of termination of the relationship or death is far easier to accomplish when neither party is angry, under stress and/or hostile. The agreement should cover all the property (and debt) you had at the beginning of the relationship as well as any property you accumulate. Normally, you would add provisions for support (or lack of support), on keeping each person’s property and income separate, sharing expenses, living arrangements, personal belongings, and so forth. Some include provisions for arbitration or mediation to deal with future disputes.
To accommodate both parties’ interests and assuage any worry about the legality of the contract, we suggest having the document drawn by lawyers representing each partner, or checked by separate lawyers if you have created your own contract.
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Categories: Family Law FAQ Tags: lawyers, legal
Violence Domestic03 – In the event of domestic violence, what should a person do?
In the event of domestic violence, what should a person do?
First and foremost, it is important for the person to get away from the aggressor. S/he should seek the assistance of a friend or a neighbor. In the event of domestic violence, immediate police assistance should be requested. Often, local police officers and sheriffs have received special training with respect to domestic violence and can be extremely helpful to a victim. In addition to local law enforcement personnel, city and district attorneys may be very helpful not only in prosecuting the crime, but also in providing referrals to other local assistance – emergency shelters such as “safe houses,” counseling, and legal assistance.
A victim of domestic violence should never try to “go it alone.” The usual profile of an abusive person is an aggressive, dominant personality that is both manipulative and controlling. The victim of domestic violence is often very vulnerable and can be persuaded from attempting to obtain assistance. Outside assistance is often essential in protecting a victim of domestic violence.
As a final word on this subject, a victim of domestic violence should never shy away from requesting assistance because of a perceived stigma attached to being a victim of domestic violence. Domestic violence pervades all socio-economic classes. A “rich” person is just as likely to be a victim of domestic violence as a “poor” one. Whatever your background, if you been abused, get assistance with a domestic violence situation immediately for your own health and safety, as well as the health and safety of those close to you.
Related video below.
Categories: Family Law FAQ Tags: legal
What is a ‘legal separation?’
What is a ‘legal separation?’
The term “legal separation” is more colloquial than legal in nature. It can involve a court order declaring that a couple is no longer living together, and that all the issues concerning the marriage have been resolved (child custody, child visitation, child support, spousal support, distribution of property, attorney fees, and personal conduct) with the exception of marital status. Spouses who are separated are not free to marry since neither has been returned to the legal status of an unmarried (single) person.
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Categories: Family Law FAQ Tags: legal
Yamaha’s Rhino ATV: Injuries and Deaths Continue
Yamaha Rhino Death And Injuries Defective Products
Yamaha’s Rhino ATV: Injuries and Deaths Continue
The Yamaha Rhino, an all terrain vehicle (ATV), continues to cause injuries and deaths across the nation – and many of the victims are children. The latest fatality is 8 year old Michael McCloud of Richardson, Texas.
A needless tragedy
According to news reports, the 8 year old boy and a 59 year old woman were passengers on a Yamaha Rhino ATV driven by the boy’s 12 year old brother. The ATV overturned and Michael suffered a massive trauma and died. Police reports stated that the vehicle “was turned sharply to the left as the three were riding on dirt in a pasture” and that “the ATV was reported to have then rolled onto the passenger side ejecting both front seat passengers” where it came to rest on top of Michael.
Hundreds of rollovers, but no recall
Even though the Yamaha Rhino has been linked to hundreds of rollovers, the manufacturer still hasn’t recalled the vehicle and is now defending itself in several lawsuits. In fact, one lawsuit was recently filed by a California man whose Rhino overturned at a low rate of speed and caused serious and permanent injuries to his right leg. He is alleging that the Yamaha Rhino is a dangerously unstable and defective product.
Since coming on the market in 2003, the Rhino has been linked to many injuries and deaths due to its high center of gravity and a very narrow wheel base and has a propensity to rollover and crush the occupants’ limbs, cause severe injuries – or in the case of 8 year old Michael – death. Many of the earlier Rhinos lacked safety features such as doors and handles. Unfortunately, these vehicles continue to be used. Although Yamaha claims that its offered to install the needed safety features, without a recall, many consumers simply don’t know about it.
Have you been injured in an ATV accident?
If you’ve been involved in an ATV accident, contact an experienced lawyer who understands the dangers of the Yamaha Rhino and other ATVs. Contacting a lawyer doesn’t cost you anything as consultations are free, without obligation and are strictly confidential. Most accident attorneys work on a contingency fee basis, which means that they don’t get paid unless and until you recover.
If you would like to discuss your situation with an experienced lawyer, please click here.
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Categories: Personal Injury Laws Tags: accident, consumer
Our new house had a terrible mold problem that we discovered soon after we moved in, and we had to get the problem fixed immediately. Can we recover money to compensate my family and I for the physical symptoms we suffered and for our costs to make our home livable?
New House Mold Problem Injury Law
Our new house had a terrible mold problem that we discovered soon after we moved in, and we had to get the problem fixed immediately. Can we recover money to compensate my family and I for the physical symptoms we suffered and for our costs to make our home livable?
Maybe. In addition to your actual costs of mold remediation, you should be able to recover for your physical symptoms and illnesses resulting from exposure to toxic mold. If your medical claims are measurable and you can demonstrate a direct relation to the mold, you can be compensated for them.
When you bring a personal injury claim for physical problems, you will have to have expert testimony to establish a causal connection between mold exposure and your injuries. You must not only show that mold can cause the type of injury you have, but also that you (and your affected family members) had sufficient mold exposure to cause your injuries.
You might be able to recover against your homeowners insurance, and/or against whomever may have been responsible for the underlying problem or potential construction defect, whether was a developer, an architect, a general contractor or a subcontractor. You might also be able to sue the previous homeowners if they knew about the mold but failed to disclose the problems at the time of the sale; the same goes for a realtor, or maybe even the lender backing the sale. Did you have an inspector who should have detected the problem? He or she might be partially responsible as well.
Depending on the severity of your symptoms, the amount you stand to recover will vary. If, for instance, you have simply suffered from a runny nose and periodic headaches, you do not stand to gain a huge recovery. On the other hand, if your son has developed a permanent asthmatic condition that will affect him for the rest of his life, the damages stand to be much higher (to take into account future medical costs as well as loss of the quality of life). An experienced attorney will be able to help you determine who might be responsible and what your personal injury claims are likely worth. You should contact an attorney as soon as you can, because each state limits how long you have to sue through a statute of limitations. If you would like to have a knowledgeable attorney review your case at no cost or further obligation, please fill out Free Advice’s case evaluation form.
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