Thursday, June 25, 2009

Top Five Reasons To Sign A Prenuptial Agreement

If you are about to wed, the issue of a prenuptial agreement is likely to be mentioned at some stage. After numerous high profile divorce cases, an increasing number of people are understandably worried about protecting their assets if the worse should happen. Yet talking about a divorce before you've even gotten married seems like a horrible things to do, and the very epitome of romance being dead. But consider this – can you really afford not to have a prenuptial in place? Here are some of the most convincing reasons to sign a prenuptial agreement before you say “I do”:

1. You may not always be in love and happy.
Right now, you're in love, you're getting married, and the birds are singing and life is wonderful. You probably can't imagine being without your spouse to be. But think back over your life – do we, as humans, always stay close and loving with those we care about? Rummage through your past and you'll probably find at least one person you once thought was amazing, but now think is a waste of oxygen. No one is saying that will happen with your future spouse; but it might. Think back to that person you now dislike; how would you feel if they walked away with half of your hard earned cash? Suddenly, a prenuptial seems like a good idea, doesn't it?

2. Love is blind
Sometimes, we can't see the wood for the trees; humans are fallible, we all make mistakes. When we're in love, these mistakes are all the more likely to occur as the chemical dopamine takes us over. As humans, we do make mistakes – but the point is to learn from them. We've all seen disastrous divorces in the media, where someone leaves with far less money than they entered the marriage with; these people were in love once, too. Learn from their mistakes rather than your own.

3. There's no harm in being prepared.
Look at it like this; when you get in a car, you put a seatbelt on. That doesn't mean you are planning to crash the car, just that you're ready for the worst should it happen. It doesn't mean you're saying you're a bad driver, or that you don't trust other road users, it's just about being safe. A prenuptial agreement should be viewed in exactly the same way.

4. Weigh up the win/lose scale.
If you do make a prenuptial agreement, you may seem unromantic and like you are trying to focus on the bad rather than the good. If you don't agree a prenuptial agreement, you could lose all of your assets, find yourself homeless and at the mercy of a judge you don't know and who doesn't know you. Most people would rather be protected and viewed as a little unromantic than risk the latter.

5. You calm the fears of others.
Particularly if you are wealthy and getting married, your friends and family may worry about what will happen in the event of a divorce. Your partner, if less wealthy than yourself, may become subjected to behind-the-back slurs accusing them of being a gold-digger. By signing a prenuptial contract, you are effectively telling the world that this is about love for your partner and not your money; and minds will be eased as a result.

Make Use Of Legal Advice

There are all manner of reasons for an individual needing legal representation. Some of these are unavoidable, and not necessarily the result of any malign circumstance. A person may feel that it is time to get a will drawn up, for instance. Some circumstances however are unforeseen, and a person may have to get representation for a personal injury claim. It is important therefore, that a person has some knowledge when it comes to the dos and don’ts of getting legal representation.

Although legal firms still exist, more and more solicitors are working for themselves in a specialist capacity. This is good for people requiring representation, as it means that they can be represented by a solicitor who has expert knowledge in regards to particular facets of law. A person can get a solicitor for instance, who specializes in medical negligence. It is always necessary to make sure that a solicitor is registered with the Solicitors Regulation Society. Every solicitor therefore should have a certificate. It is also possible to contact the Solicitors Regulation Society on 08706062555, to validate the status of a solicitor.

It can be beneficial for a person to find a solicitor that is based in close vicinity to where the person lives. If a person is elderly then travelling any significant distance in order to see a solicitor, may be a major inconvenience. This may also be the case for a person that has been badly injured, and is making a personal injury claim. Some are just demanding as clients, wanting to get their monies’ worth, and therefore insisting upon tryst after tryst.

Conditional fee is more often referred to as no win no fee. What with litigation being more common than ever, more and more solicitors are offering this service. There are still some that do not though, so it is important to clarify this with a solicitor that is being considered. Poor people are often entitled to legal aid, and this is something that needs to be defined through the citizens’ advice bureau. Once this has been defined it is a case of finding a solicitor that takes on legal aid cases, as not all of them do.

It is not nice to have to tell a complete stranger personal information. In certain situations a person has to give information to a solicitor that may be considered both recondite as well as embarrassing. When this is the case it is important to source a solicitor who is easy to talk to. Whilst some are personable, others are not. For some clients it can be difficult to talk to someone who is of an opposing gender, and vice-versa. Therefore, dependent on the nature of a case, it can be of the utmost importance to make sure that a solicitor is congenial.

22 Facts, Every Plaintiff Should Know About Lawsuit Funding - Lawsuit Loan

Most of the plaintiffs involved in lawsuits do not realize they can get cash advance before their case settles. It is called as lawsuit funding and often referred as lawsuit loan, legal finance, lawsuit cash advance, litigation financing, legal financing, pre-settlement loan and plaintiff cash advance.

The following 22 facts, every plaintiff must know about lawsuit loans. I hope these will help and guide them to take a knowledgeable and judicious decision.

1. Who is eligible for Lawsuit funding?

If you are a plaintiff, involved in any of following lawsuits (but not limited to), i.e.: personal injury, auto accident, malpractice (medical, legal, construction), employment discrimination, fraud, product liability, breach of contract, Mesothelioma, negligence, workers compensation, civil rights, class action, patent infringement, whistle blower (qui tam), workers compensation (not in all states), wrongful death, commercial litigation etc.; and if you are represented by an attorney, you may be eligible for a cash advance or legal financing on your pending settlement.

2. How can I benefit from lawsuit funding?

Many plaintiffs are forced to accept a low offer due to the financial hardship that many victims experience soon after their personal injury. An advance on your settlement will allow your attorney the time needed to get the full value for your case.

3 - What types of cases are funded by lawsuit pre-settlement funding companies?

A good company would provide cash advances on mostly all types of cases. The most common types are listed in fact number 1.

4 Is good credit & employment necessary?

No, the lawsuit funding or legal financing is not based on credit history, unless there is a pending bankruptcy. Applicant may have bad credit score and no employment.

5. Why don't I just get a bank loan?

Traditional financial institutions, including banks, do not generally lend solely on the merits of a lawsuit. They deem the practice of lawsuit finance or lawsuit funding as too risky.

6. Is this a lawsuit loan?

No, this is not a loan. It is actually non-recourse cash advance on the future value of your case. Unlike a loan, if you lose your case you owe nothing in return.

7. Why is this not a loan?

Loans are repayable absolutely. A loan is type of financial aid which must be repaid, with interest. But lawsuit cash advance, legal finance or lawsuit funding is actually purchasing an interest in your settlement. So, if you lose your case, you do not owe the funding company anything.

8. Do I owe any up front out-of-pocket fees or costs? Are there any additional fees, such as monthly fees, involved?

Absolutely NO! A good lawsuit financing company should not charge any upfront fee or any application fee, processing fee or any monthly fee. There should be only a single fee for the lawsuit loan, based upon the length of time to settlement of your case. There will be a specific repayment amount, due and payable only after the case resolves itself successfully. And if the case is unsuccessful, there is no repayment required.

9. Will I have to sign any documents? Will my attorney be required to sign any documents?

Yes. You will need to sign an application and after you are approved for lawsuit loan, you and your attorney will sign the Funding Agreement.

10. How big an advance on my settlement can I get?

Lawsuit cash advances are generally limited to, from 10% to 15% of the projected case value. The minimum advance is $250 and the maximum amount available on a single case is one million dollars.

11. How would this help me get more money for my case?

The defendant, in order to save time and money and settle the case early, will offer you far less than what the case is really worth. If you need immediate financial help you may feel pressured to take an earlier (and often smaller) settlement. Lawsuit funding or so called lawsuit loan can ease your immediate financial needs and allow your attorney to continue to fight for a fair larger award.

12. Is the defendant insurance company notified?

No, the only parties who know about the transaction are you (the plaintiff), your attorney handling your case, and lawsuit funding company.

13. How long does it take for me to get the funds?

If you are eligible you can have your approval decision within 72 hours after reviewing your case documents. Funding company will wire your approved lawsuit funds into your bank account or can Fed Ex your funds within 24 hours of receiving your signed Funding Agreement via fax from your attorney.

14. How is the lawsuit cash advance paid back?

The lawsuit loan is repaid out of the financial settlement award from the case. It is paid at the same time that the proceeds of the claim are paid out to you.

15. What happens if I lose my case?

You owe absolutely nothing in return! The money advanced to you is yours to keep.

16. What can I use the money for?

Anything you like. It is your money. You pay your bills, mortgage and car payments. You can take care of education expenses of your children and pay your medical bills.

17. What if I need more money later?

If you have not received all the money, lawsuit funding company may be able to advance you more on your case. You can make another request for additional settlement funding or pre-settlement funding at a later date.

18. Does the legal finance company get involved in my lawsuit case?

NO. They have no input or control in your case. They do not get involved in the attorney-client relationship. All management and decisions pertaining to your case are made by you and your attorney. They have no role in the pursuit of your case. They only involvement is to initially review your case papers, so they can evaluate the claim.

19. Is this legal?

Yes. The claim or lawsuit is yours and you own it, just like you own a piece of property. After paying your attorney and medical liens (if applicable), the potential remaining money is yours. You may sell or assign it.

20. How will my attorney feel about me doing this?

Attorneys are sympathetic to the financial strain their clients can experience. In some states, attorneys are not permitted to assist clients financially, but they are allowed to assist in seeking third-party financing, such as plaintiff lawsuit finance or lawsuit funding.

You can apply for lawsuit funding without consulting your attorney first. However your attorney plays an important role in getting your lawsuit funding.

Attorneys are typically eager to help a client obtain plaintiff funding because it may mean that a long legal proceeding won't end with the client having no choice other than to accept a low settlement offer.

Applying for plaintiff funding does not interfere with the agreement between you and your attorney in any way.

21. Why my attorney can not lend me money?

The American Bar Association prohibits attorneys from lending money to clients for anything but case expenses. This prohibition exists to prevent a conflict of interest from arising. If you owed your attorney money you might feel pressured to accept your attorney's advise to settle your case when you really did not want to accept the amount offered. No. This would cause a conflict of interest because your attorney would now be your creditor. In fact, the American Bar Association expressly prohibits attorneys from loaning money to their clients for anything other then case-related expenses.

22. Is this process confidential?

Yes the total process is confidential, private and quick. Underwriters take a look at your case documents and determine if they think you have a good chance of collecting on your claim. These are the same documents that your attorney prepared to fight your case. If they think your chances to win are good, they will offer you a cash advance.

How To Find A Lawyer?

The average person may not even know how to begin looking for a good lawyer. There are many source of information with daunting names like the attorney public records or certified lawyer referral service, but once you get the break down of how everything words together it's pretty simply.

Referrals from business associated and / or family It sounds like the simplest place to start, but many people may be embarrassed about asking what legal professional a fellow work associate or family member users, but you don't have to be. With so many lawyers out there it's likely you can get a personal referral to someone who can help you without even having to do much a search.

Attorney public records Once you've found a lawyer or attorney you're thinking about suing, you can checked their official bar membership record which will include their address, phone number, discipline history and other marks on their professional reputation. It's easier now then ever on the Stat Bar's website. If you see anything that doesn't check out, you may want to reconsider your choice.

Certified Lawyer referral services Do a quick search online or in the Yellow Pages and you'll be sure to find a State Bar certified lawyer referral service. They can steer you in the right direction if you don't know where else to look.

Certified Legal Specialists State Bars maintain lists of attorney who are certified specialists in particular areas of law. For example the California state bar certified specialists in appellate law, workers' comp, tax law, family law, immigration, estate planning, bankruptcy, and criminal law. They may even have this list directly on the state bar's website.

Free Legal Aid Agencies Depending on your financial and personal situation there may be an entire number of agencies devoted to giving you free legal advice and basic legal resources. Many law schools also have free clinics available.

Advertisements and Professional Websites Take a Google search and you'll see tons of PPC and professional advertisements for lawyers of all types. Just be sure to thoroughly check them out, but you can shop for a lawyer the same way you would a car.

All in all there are many different viable options for you to begin your search. Just be sure not to settle for the first lawyer you find and be sure you get along with the person. Depending on your needs you may be entering into a long term business relationship with them so be sure you get along and can work together.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country.

Accident At Work Claim Form

If you have been injured in the workplace you should complete an accident at work claim form as soon as possible. This may involve actually recording it in the report book which employers are obliged by law to keep or may simply involve seeing a solicitor who will report the matter on you behalf by way of a formal letter of claim to the employers.

When accidents happen in the workplace they are often unavoidable, but this isn't to say they could not have been prevented! Your place of work must be secure and safe and your employer has a duty of care to you and all the other people who work with you. Failing in this duty of care can cost not only you but many other people, by causing injuries, accidents and maybe even death.

It's not just UK law that protects you against accidents and injuries at work. European law also stipulates that employers have to properly protect their employees and workers from accidents and potential dangers at work. Your employer must give you proper training about how to use any potentially dangerous equipment and what to do in the event of an emergency. In addition all employers must keep a record of all incidents causing Personal Injury which is available for inspection by the relevant authorities. Whilst this is not a formal accident at work claim form, it is evidence of a dangerous occurrence and may be used in legal proceedings.
Training however is not the only concern for your employer potential dangers must be highlighted as and when they appear such as a new piece of equipment or a new type of process you might use at work.

Claiming for compensation at work can be very easy. With the right legal expert beside you the hard work is taken care of. Often you need not even visit court, as the employer will accept liability for what happened and therefore you are paid compensation from their insurers as an out of court settlement.

There may be potential complications with any legal case and trusting someone who is not a trained specialist to do your legal work is not a prudent decision to make. The high street lawyer may be an excellent family lawyer but is unlikely to have the years of experience necessary to know the specifics of personal injury claims procedures. If we deal with your accident at work claim form you can rest assured that your case is in secure experienced hands.

We have a network of specialist solicitors who are all vetted members of the Law Society Panel of personal injury experts. The vital first step in considering whether or not you should make a compensation claim for an accident you suffered at work is to seek legal advice. We offer free legal advice to members of the public who are seeking some insight into how the law may view their case. We always give honest answers as it is not in our interests to take on cases which we do not feel will win. Simply complete the online form on this website or just ring the helpline number. We look forward to helping you with you legal questions soon, and to helping you discover how much compensation you might be entitled to under law.

Dissolution of marriage

Dissolution of marriage raises many concerns and issues that must be addressed and to which a satisfactory resolution must be found. In some cases, the relationship between the couple has deteriorated to the point that they are unable to work together in a cooperative manner to resolve these issues. This is not always the case, and some couples are able to reach mutually agreeable solutions to divorce issues. Regardless of the situation, when spouses in San Jose, Santa Clara County, California decide to enter into divorce proceedings retaining the services of an experienced San Jose Divorce Lawyer is recommended.

Divorcing spouses must determine how to divide personal, family and business assets. In addition to deciding how property will be divided, spouses must also determine child custody, child support, and spousal support. Divorcing spouses should be prepared to fully discuss the divorce situation and be prepared to offer solutions that will best fit the needs of the spouses and the children. The divorce agreement should take into account both the current and future interests and needs of the spouses and their family. A San Jose Divorce Lawyer can assist his or her clients in negotiating or mediating an agreeable divorce settlement when possible. If negotiation or mediation is not possible or fails to produce an agreement satisfactory to both parties, litigation will be the next step.

When divorcing spouses can work together with the help of a third party mediator, such as a San Jose Divorce Lawyer, to reach a divorce agreement both the spouses and the children benefit. Reaching a mutually satisfactory agreement through collaborative efforts can help maintain a positive relationship and open communication between spouses. Litigation creates an adversarial environment which can be damaging to the spouse’s future relationship and harmful to the children. An attorney will work to negotiate, mediate, or litigate to the best interests of their clients.

It is important that the legal rights of both spouses are protected throughout the divorce process and that the divorce proceeds in both a timely and efficient manner. In San Jose, Santa Clara County, California, attorneys representing divorcing spouses want to ensure that the strategies and courses of action during the divorce process are based upon the specific needs of the spouses. Whether the marriage is dissolved through mediation, negotiation, or litigation, a San Jose Divorce Lawyer will work aggressively to make sure that the solutions to the spouse’s financial and legal situations are both practical and effective.

Lawsuit Loans Give You Options

Serious debt is a common reason that plaintiffs don't file a lawsuit when they have been injured in an accident. Pre-settlement funding provides plaintiffs with options so that they can move ahead by filing a claim if they wish to. Lawsuits can take a very large financial toll, but help is available for those who need it. Don't let justice go unserved because of your financial situation.

Lawsuit loans, while not actually loans, are designed to help people seek compensation they deserve for injuries, pain and suffering, and other costs. These are actually more of a cash advance given by the litigation financing company. If the plaintiff does win their case, they pay the financing company back a pre-determined amount. When the outcome results in a loss of the plaintiffs case, no money is owed to the lawsuit funding company.

Pre-settlement funding can potentially help plaintiffs avoid serious debt and bankruptcy. US civil court cases can take months and sometimes years to reach a verdict, which puts many people in financial straits. By obtaining lawsuit loans, the plaintiff can continue to pay monthly household bills, medical fees, attorney fees and other costs while pursuing justice.

Serious accidents can cause injuries that may prevent the plaintiff from working for an extended period of time. This is why it is impossible for many victims of accidents to file a claim. They don't have the money, and don't realize that help is available so that they can get the compensation they deserve. Your attorney can discuss the advantages of litigation financing with you, and help you determine what steps you should take.

Obtaining a lawsuit loan is a very simple process. Usually, the plaintiff or their chosen attorney will contact a company who offers this service, and submit the necessary documentation and information so that the lawsuit funding company can determine if your case merits their services. This process is quick and usually only takes a couple of days to decide.

When you choose to take out a lawsuit loan, it is a non-recourse debt. This means that you will only repay the money to the litigation financing company in the event that you do win your lawsuit. Often, plaintiffs feel a sense of relief knowing that if they do not win their case, they won't be even deeper in debt because of repaying the advance. Pre-settlement funding is definitely a course of action you should consider if you have been injured in an accident and cannot otherwise afford to file a lawsuit.