Archive for August, 2010

Choosing a structured settlement in a wrongful death case may be what you need

Tuesday, August 24th, 2010

It’s never easy to file a wrongful death lawsuit. However, the financial recovery may help you get on with your life.

There is no real way to effectively cope with the sudden and unexpected death of a family member, particularly if their death was as the result of the negligence of another person. If you were successful in going to verdict and were awarded a significant amount of money for your loss, there are a couple of things you need to know about that settlement. These are things you should also discuss with your Austin personal injury attorney.

There are normally two paths to choose for a settlement in a wrongful death case. You will need to make a choice between taking a lump sum or a structured settlement. Generally speaking, you may be offered a smaller amount if you choose lump sum – it depends in how the settlement is calculated and whether the money was translated into today’s dollar value. On the other hand, a structured settlement is paid out in even payments, much like equal billing for a utility company, over a specified length of time.

The time period may be yearly or monthly; this largely depends on what the defendants are offering in their settlement. Don’t feel you need to make an instant decision about all this often-confusing information. Instead, talk to an Austin personal injury attorney and ask him or her to outline the various pros and cons of lump sum settlements versus a structured settlement. After all, it’s the attorney who has been with you every step of the way, working to get larger sums and better terms for the settlement.

When it comes to wrongful death settlements, the IRS does not tax them. However, in a large number of states, punitive damages are taxable – except in wrongful death cases. Make sure you ask your lawyer about what the law is in your state so you are completely informed about how your settlement would work.

You should also ask to consult a top-notch tax attorney in cases like this, because a large wrongful death settlement may hike the deceased’s estate over the tax-exempt limits applicable to inheritance laws. Again, this may be state specific and you should ask, rather than find out later you owe taxes. No one wants to discover that they owe tens of thousands of dollars when they could have handled the situation upfront by paying any due taxes immediately.

Would you want to take a structured settlement and convert it into a lump sum payment? After all, you have regular and reliable income. While that may be the case when the settlement terms first went into effect, people’s lives change. They may want to take advantage of a super business opportunity and need extra cash to do that. Or, they may discover they have a terminal disease and want to enjoy their remaining years by doing what they want.

Structured settlements, by their very name, mean a set timetable for dispersal of a set amount. In order to convert this to a lump sum, you would need to talk to a company that specializes in paying you a lump sum in exchange for your structured settlement. You need to know that if you choose to do this, your lump sum will be lower than what your total settlement is worth, because they take a fee off the top. You might want to really think about this before you do anything, as the fees are typically high. On the other side of the coin, if you really need the money, the high price you pay to convert it just might be worth it.

Beverly Aylmer writes for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

Personal care products may be deadly

Wednesday, August 18th, 2010

Many personal care products have chemicals in them that are dangerous to consumer’s health.

A vast majority of the population are unaware that there are unsafe chemicals found in the cosmetics they use. There they are sitting on the shelf in all their packaged glory, but within them lurks something dangerous; chemicals like petroleum, propylene glycol (also known as anti-freeze) and sodium lauryl sulfate.

While the names sound impressive, if consumers did research on these products, they’d find out a lot of things they didn’t know that could ultimately affect their health. It’s interesting to note that the Occupational Safety and Health Administration have strict handling procedures for the chemicals found in today’s personal care products.

There are more than just the three mentioned toxic chemicals in today’s personal care products. Look on the label for other very common and risky chemicals such as dioxanes, formaldehyde (a preservative), sodium laureth sulfate, methanol, isopropanol, bensophenone-3, aluminum and mono-ethanolamine. If you find any of these chemicals on the labels of the personal care items in your shopping cart, or any shampoos or lotions you have at home, find another product that is chemical free. These days, that’s a lot easier than it used to be.

Consumers need to know that they can find anti-freeze in their moisturizers, hair colors, conditioners, shampoos, styling gels, mascara, foundation, face cleansers, anti-aging crèmes and, yes, in many food items. If that doesn’t make a buyer think twice about what they have in their hand, nothing will.

Here is something else consumers should also know: when handling anti-freeze in a chemical lab, it is mandatory to wear a lab cost, splash goggles, vapor respirator, gloves and a certified or approved respirator. Any chemical spills involving anti-freeze are to be handled by cleanup crews wearing a full Hazmat suit and boots, plus a self-contained breathing apparatus to avoid product inhalation. And this is something that people put this on their face and in their hair daily.

There are not a lot of rules and regulations in place to protect Americans from these chemicals that are known to affect user’s long-term health. It’s easy to wonder why regulators allow cancer-causing chemicals – in multiple quantities – to be put into products that people use every day. Every day, people use something that may ultimately cause breast cancer or other kinds of cancers.

For anyone that has been using a questionable product that they feel is linked to a diagnosed disease, speak to a knowledgeable Austin personal injury attorney. While many may think their concerns seem frivolous, consider that exposure to asbestos causes mesothelioma. How is that any different than long-term exposure to things like anti-freeze causing cancer?

To learn more, visit http://www.rwleelaw.com.

Near Misses in Construction Accidents Predict Serious Injuries in the Future

Sunday, August 15th, 2010

Often a series of smaller workplace mishaps are a bellwether for more serious accidents in the future.

While many people don’t realize this, a worksite that has a number of smaller workplace casualties that happen over a period of time is a warning sign of several things: workplace morale isn’t good and the big accident is still to come.

Haphazard job site management generally results in lack of planning and lack of organization. “With that going on, you may be reasonably certain that the work crew has issues with the management. If there is no respect, trust or loyalty on a construction site or no effective leadership, things that should not happen do happen. For instance, regular inspections that should be mandatory may not happen, on the job training may fall by the wayside, safe tools and equipment are not present on the site, and safety procedures are scarce,” explained Beverly Aylmer, who writes for an Austin personal injury attorney at The Lee Law Firm in Austin, Texas.

If the management team on a construction site has a lack of skill or knowledge in how the job needs to be done correctly, this is reflected in the attitude of the workers as well. It’s human nature to not care as much about something if the person who is supposed to be supervising isn’t a good role model.

In addition, there may be low standards of work, poor maintenance on site and other issues that may involve the improper use of equipment. In other words, things just go by the wayside and the job continues in a haphazard way, with no one really paying attention to quality control, safety or good workmanship.

While most workplaces and construction job sites do adhere to the rules and regulations that are intended to keep workers safe and healthy, there are far too many out there that skim along by doing the bare minimum and not doing even that particularly well. Many Austin personal injury attorneys have seen far too many construction accidents that could have been avoided with a greater emphasis on safety.

Consider the case of the woman who died in her car after 26 tons of concrete fell on her while she was driving through the Big Dig Tunnel in Chicago. The concrete collapsed because the construction project had been badly supervised since the project’s inception. That was clearly evident when it was discovered at trial that the wrong epoxy had been used on the concrete and no one caught that.

“If you have been injured in a construction site accident, don’t wait until you have your workers’ compensation claim filed, act immediately and call an Austin personal injury attorney and find out what your legal rights are. While your case may go smoothly, chances are you will find yourself stuck between a rock and a hard place trying to get a fair settlement for your injuries. Give The Lee Law Firm a call, they would be happy to meet with you,” suggested Aylmer.

To learn more, visit http://www.rwleelaw.com.

Commonly Recalled Defective or Dangerous Products on the Rise

Thursday, August 5th, 2010

It’s hard to know these days what is going to be recalled next. Lately, it seems like there’s a product every day.

Without sounding too pessimistic, it’s downright depressing to realize that a good portion of the goods we all use daily may be defective and therefore potentially dangerous. Welcome to the 21st century where manufacturing is in high gear and concern for consumer’s welfare comes a distant second to profits.

It’s depressing to realize that everything we touch, eat, drink, wear or even drive may cause us serious injuries or even death. Unfortunately, there are some companies that are driven to increase their bottom lines at the expense of those who use their products. “Is there any way to tell which companies will make and sell a defective product? No. Is there any recourse for a consumer who has been hurt by a defective product? Yes, speak to a qualified Austin personal injury attorney,” advised Beverly Aylmer, who writes for The Lee Law Firm in Austin, Texas.

“You’d think that once several companies were sued for putting out a defective or dangerous product, that the others would learn they need to be responsible for their products and the consequences of their products hurting someone. That doesn’t seem to be the case. Often those who were held responsible for negligence in manufacturing continue on their way, sometimes still making the defective product and sometimes moving on and making a different defective product. It’s often a never ending story,” Aylmer commented.

Generally speaking, there are some cases where the danger attached to a product is only relevant to a limited portion of it. Say for instance, a defective pull handle on a chainsaw. However, as is more frequently the case, there is usually a flaw in the overall design of a product that means every similar item made with the same components, etc. will have the same defect. Think Toyota and their sticking accelerators.

In either case, the options a manufacturer has are to take the product off the market entirely or wind up being forced into a consumer product recall. “To say that would ruin their reputation is likely an understatement,” added Aylmer who writes for Austin personal injury attorney R.W. Lee of The Lee Law Firm.

“Just what kinds of products seem to be in the news and recalled more often than not? Usually, you can count on drugs being dangerous and/or recalled, and that would include over-the-counter medicines and prescription drugs; tainted or contaminated food such as meat, shellfish, nuts, sprouts, etc., kids toys and other products for children, and cars and their various parts,” outlined Aylmer.

For those who have been harmed by a dangerous or defective product, it’s urgent to contact an Austin personal injury attorney and discuss compensation, as well as holding the maker of the product responsible for the harm their product caused.

To learn more, visit http://www.rwleelaw.com.

Located in Austin, Texas, The Lee Law Firm represents clients throughout Central Texas and the Rio Grande Valley, including the cities of Austin, Round Rock, Cedar Park, Georgetown, Temple, Waco, Bryan, Houston, Conroe, Baytown, Galveston, Beaumont, Port Arthur, San Antonio, Kerrville, New Braunfels, Seguin, San Marcos, San Angelo, Abilene, Laredo, Corpus Christi, McAllen and Harlingen, as well as Williamson County, Travis County and Hays County. Sitemap
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