Beware of Accident Scammers and Con Artist; Don’t get Screwed out of a Recovery.

You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.

You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.

You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.

You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.

They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.

You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.

You find out later that you have $3,000 damage to the back of your car.

What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.
Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.

The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.

The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.

If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.

Make sure that you note the model and make of their car along with the license plate information.
The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.

If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .

By California Motor Vehicle Accident Attorney and Lawyer Norman Gregory Fernandez, Esq., © 2009

What Every Woman Should Know About Spousal Support

Sometimes women are fearful of separation and divorce because they fear that they will not receive spousal support or that they will end up with a minimum wage job, not being able to support themselves or their children. They fear that their ex-husband will then be able to step in and take their children. This is just not the case!
Many of the women that have spoken with me about divorce and separation are afraid that they will be homeless if they get divorced. Often, these are women who gave up their career to stay home and raise their children. Another fear, often coming from husband’s attorney, is that the court should look at the wife’s ability to immediately get a job and support herself.
In assessing a case, sometimes the husband will demand a seek work order and or demand a “vocational assessment.” This vocational assessment ends up costing thousands of dollars and often does not produce the results sought. A vocational assessment is where a trained vocational expert interviews, usually the wife, about her education and work background and then offers their opinion about the wife’s earning potential. These assessments are sometimes in the face of situations where the wife has been a stay at home mother and put the husband through school so that he could advance in his career.
Here are some facts that women should know to address their fears:

• The court does look at your market ability (previous job experience), as one of the elements of the analysis.

Under California Family Law Code Section 4320, the court, “in ordering spousal support, the court shall consider all of the following circumstances.”

• The marketable skills of the supported party.
• The job market for those skills, plus the time and expenses needed to get the education or training to develop those skills or a more marketable skill.
• The extent the supported party’s present or future earning capacity is impaired by unemployment that incurred during the marriage to devote time to domestic duties.
• The extent to which the supported party contributed to the education, training, a career position, or a license by the supporting party.
• The ability of the supporting party to pay spousal support.
• The needs of e4ach party based on the standard of living established during the marriage.
• The obligations and assets, including the separate property, of each party.
• The duration of the marriage.
• And several other factors that best assesses and presented to the court by a competent family law attorney.

You can see there are many factors that the court shall take into consideration and that the odds that the court will order spousal support are extremely likely. Sometimes, even though there is an order of support, the supporting party will not pay. Family Code 3557 allows the court to enforce the support order with contempt and the court will also order payment of attorney fees and sanctions.
If you or someone you know has questions regarding Spousal Support, Child Support, Child Custody, Divorce or Separation in Sacramento and Northern California, contact an Experienced Sacramento Family Law Attorney at Bowman & Associates today to schedule your free initial consultation. Contact us online or by calling (916) 923-2800.

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Bellingham man dies in car crash near Concrete

The death of 25-year-old Bellingham man who was killed early Saturday, Dec. 12, when his car drove off the North Cascades Highway into a gully and hit a power pole, reinforces the importance of seatbelts.

The accident victim died when his 2002 Chrysler PT Cruiser crossed over the centerline heading eastbound and left the highway near Challenger Road, just west of the town of Concrete. The crash occurred about 4:40 a.m.

The driver was ejected from his vehicle and alcohol is suspected as having contributed to the accident.

The deadly combination of drinking and driving while not wearing seatbelts has lead to several deadly crashes as of late. State troopers who have seen an increase in roadside collision with police vehicles have initiated programs to crackdown on impaired driving. Drunk driving, which can lead to reckless driving habits and hazardous speeds, puts both the driver and others in danger. Seatbelt usage can reduce the injuries associated with a car accident and often are the decisive factor between life and death.

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To my grandchildren who marry Jewish spouses, I leave ...

For all of you who want to control whom your children marry, here is an example of a method that worked (at least in Illinois). Max Feinberg died in 1986, survived by his wife, two children and five grandchildren. Prior to his death, Max established a trust and executed a pour-over Will. The trust provided that his wife, Erla, was the life beneficiary of both an A and B trust; following her death, 50% of the remaining trust balance would be distributed per stirpes to Max’s grandchildren; provided, however “any such descendent who married outside the Jewish faith or whose non-Jewish spouse did not convert to Judaism within one year of married would be deemed deceased.” The trust instrument gave Erla a limited testamentary power of appointment and a limited lifetime power of appointment.

Erla exercised the lifetime power of appointment directing that, upon her death, each child and each grandchild who was not deemed deceased would receive $250,000. Erla’s disposition of the trust assets altered the distribution by adding the children and from a per stirpes distribution to per capita; however, it retained Max’s restriction on who could inherit. The record suggested that Erla’s gifts would deplete the trust, leaving no additional assets for future distribution. At the time of Erla’s death, all of the grandchildren were married, but only one met Max’s restriction. One of the non-complying grandchildren argued the restriction was against public policy; the trial court and court of appeals agreed. The Supreme Court held otherwise, reversing the decision below. While a restriction that discourages marriage or encourages divorce is generally against public policy, that was not the effect of the distribution here.

First, the Supreme Court found that Max’s original plan of distribution created a mere expectancy and, thus, was not the operative distribution plan; the real distribution scheme was the one created when Erla exercised her power of appointment. Under Erla’s distribution scheme, the trust did not operate prospectively to encourage the grandchildren to make decisions about whom to marry; instead, it operated on the date of her death to determine which of her grandchildren qualified for a distribution on that date. Thus, it did not violate public policy. In reaching this conclusion, the court found three factors significant: (1) Illinois policy favors freedom of testation; (2) the grandchildren had no vested interest in the trust at the time of Max’s death; and (3) Erla’s changes in the distribution prevented it from having any prospective application.

The full case is In re Estate of Feinberg, 2009 Ill. LEXIS 1299, Appeal No. 106982 (September 24, 2009), which can be read at http://www.state.il.us/COURT/Opinions/SupremeCourt/2009/September/106982.pdf.

I hope this information is helpful. Paul Deloughery
(You can contact me directly by email at paul@delougherylaw.com or phone at 602-443-4888. For more information, visit www.delougherylaw.com)

The information in this blog is general in nature and is not intended to address any particular situation.

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Chapter 13: Fight the banks, eliminate your creditors, restore your equity

Today I heard about a couple’s predicament:  They just had their second child.  Mom is staying home.  So the couple went from a two-income household to a one income household.  However, they did not go from a two-mortgage home to a one-mortgage home at the same time! As a result of the blessed event, they also faced big credit card and medical debts.  What to do?

Well, they could file a chapter 7 bankruptcy – if they qualify through the means test.  Their previous six-months income was still high, but that would change within a short period of time.  They could also try to defeat the presumption they are abusing the system by showing the permanent change in their income since Mom is staying home with the kids.

This would eliminate a lot of debt, but not the debt that’s giving them the most headaches:  Their second mortgage.  It’s a high interest home equity loan.  And the house is worth even less than the first mortgage. So we discussed Chapter 13 as an option.

Despite the huge influence banks have over Congress, the bankruptcy laws still allow a couple to eliminate the second mortgage in the Chapter 13 if the house is worth even less than the first mortgage.  This is fantastic news for our couple because they can stop paying their second mortgage, and pay their chapter 13 Plan instead.  That plan will mean that those creditors will be old news in 5 years, and so will that pesky second mortgage.    It may seem counterintuitive – paying more money saves you more money?  But sometimes that’s just the way it works out.

For financial relief in Kenosha, Racine, Walworth or Milwaukee, call Lakelaw today at 262.694.7300 and ask for Attorney Ryan Blay or David Leibowitz.

This post was written by Ryan Blay, Supervising Attorney in Lakelaw’s Kenosha office.

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Oregon child wrongful death: Recall warns of Amby Baby Motion bed/hammock suffocation risk

The tragic death of a five-month-old Oregon boy in August is the second linked by the U.S. Consumer Product Safety Commission (”CPSC”) to a fabric baby hammock. CPSC is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products, including cribs, baby beds, and other children’s products. Prompted by the latest fatality, and the reported June 2009 child suffocation death of a four-month-old Georgia girl, CPSC has now announced the recall of Amby Baby Motion beds made by Minneapolis manufacturer Amby Baby USA. The recall urges parents to stop using Amby hammocks immediately.

The recalled hammock consists of a fabric sling suspended from a spring connected to a metal crossbar. All support points are connected through a single joint above the hammock. The resulting range of motion of the sleeping surface, the inclined angle of the sleeping surface, and any motion of the baby on the sleeping surface can contribute to changes in the hammock’s center of gravity. A child may roll and become entrapped or wedged against the fabric or the hammock’s mattress pad, creating a suffocation hazard.
About 24,000 hammocks are involved in the recall, which affects baby beds sold in the U.S. and Canada. American consumers can request a repair kit from the company. Canada’s health and product safety authorities have taken what appears to be a more cautionary approach. Despite an absence of child injury or wrongful death reports related to the Amby hammock in Canada, Health Canada is directing Canadian parents that “these products should be disassembled and disposed of in such a way that they cannot be used again.”

If you believe that an Amby Baby Motion hammock or other product has injured a child, Portland injury lawyer and Oregon defective product attorney Dane E. Johnson is available to discuss your potential case free of charge and with no obligation. Please feel free to contact our law office online or call (503) 975-8298 or toll free (800) 714-3204.

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Related Web Resources


CPSC, Press Release, Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks (Dec. 8, 2009).
Health Canada, Press Release, Health Canada Advises Consumers to Stop Using Amby Baby Motion Beds (Dec. 8, 2009).

North Carolina Man Killed in Florida

 A North Carolina man has recently been killed in Florida Sunday afternoon after he was ejected from a SUV while riding passenger.  The SUV was involved in a roll-over accident which resulted in the man being ejected from the vehicle.

The accident took place on Interstate 95 and was being investigated by Florida Highway Patrol.

The man was a 23 year-old from North Carolina.  The driver over-corrected the SUV causing it to overturn.  The driver and passenger were ejected from the vehicle.

Charges are possibly pending in this accident as the crash is still under investigation.

If you or someone you know has been injured in an accident, contact the Jacksonville personal injury attorneys of The Law Offices of Donald Guthrie at 904-493-6455.      

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Surgical Malpractice Results in Wrongful Death of 30 Year Old

A medical malpractice lawsuit has been filed in the death of a young mother whose heart was punctured by surgical tacks.

According to court documents, in July of 2007 Jeannette Ebeling discovered a lump in her breast and sought treatment from Dr. Matthew Christopherson, who had performed previous gall bladder and hernia surgeries on her. He recommended that she have the mass removed, and at the same time have her hernias repaired again.

Ebeling underwent the procedure the following November, during which a mesh material was used which was to be secured using what is referred to as “spiral tacks”, applied with a surgical stapler.

The patient was supposed to only be hospitalized for 23 hours, during which time she was to be observed and then released. She remained hospitalized, however, complaining of increasing levels of pain. During this time, her blood pressure, urine output and oxygen levels also decreased. Sadly, according to the lawsuit, none of this information was reported to doctors by the nursing staff.

Two days after the surgery, Ebeling was found lying on the floor in her hospital bathroom, unconscious. She was sent to the intensive care unit where she was pronounced dead an hour later.

Ebeling’s autopsy revealed that her cause of death was fluid on the heart. It turns out the surgical tacks used to secure the mesh material used during her surgery had perforated her heart, two of which were buried deep in her heart muscle.

Jeannette Ebeling was just 30 years old when she died. Her mother has filed the wrongful death lawsuit on behalf of herself and Ebeling’s young son.

Medical malpractice can result in so much more than just a simple injury to a patient. It can end lives and leave behind children and families who must somehow find a way to pick up the pieces and move on after such a tragedy. If you have lost a loved one due to a doctor’s negligence, contact a medical attorney immediately.

David Austin is a Medical Lawyer with Burke & Eisner, P.A.

Bowman & Associates, APC

We offer a wide variety of legal services, including: employment law, criminal and traffic matters, personal injuries, family and real estate laws amongst many others.

Family law issues can quickly become very confusing and troublesome without legal guidance. When it comes to breaking off a marriage there’s divorce, separation and/or dissolution. Additionally, there are the negotiations of community property and assets and having children only adds to the complexity of these proceedings. The Law Office of Bowman and Associates, APC employs experienced family law attorneys in Sacramento at your disposal.

Losing your job these days doesn’t necessarily come from pink slips and lay-offs. Being a victim of wrongful termination due to discrimination, such as age or religion, is illegal.

And if you’re looking for a job, and you feel you have not been hired because of your disability, age, national origin or race, you may have a suit against that potential employer. If you or a loved one have been discriminated against because of your disability, age, pregnancy or religion, contact an experienced discrimination attorney in Sacramento today.

Being an immigrant in California also offers its own unique set of legal issues. The skilled Sacramento immigration law attorneys at The Law Office of Bowman and Associates can provide thorough immigration law information for all your legal needs.

In today’s economic climate especially, unscrupulous individuals are using unethical practices to muscle families from their homes or involve them in mortgage fraud schemes. Unfortunately, while some of these could appear legally sound on the surface, people have been seriously taken advantage of and lost their homes and savings. If you or a loved one have been involved in mortgage fraud or other real estate issues, contact an experienced real estate law attorney in Sacramento today for your free initial consultation.

Take a moment to look around and contact us so we can assist you with your legal needs.

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Jay Paul Deratany

Since 1992, the Law Offices of Jay Paul Deratany and Associates have helped to protect the rights and fight for the injustices of hundreds of clients. We understand your situation and work to get you the financial reward you deserve.

Whether you’ve been hurt on the job, injured in a car accident, made the victim of medical malpractice, or lost someone as a result of a wrongful death, we can help.

Injuries sustained during pregnancy, labor or delivery, at the expense of trained medical professionals is statistically shown to happen in 27 out of every 1,000 births. The Deratany Firm has represented several families who have suffered from birth injuries.

We have extensive experience in cases involving adoption negligence, and our record of case studies shows one fine example of how The Deratany Firm works for your legal rights. Too often families suffer unnecessary injury and hardship by foster care and social service agencies by neglectful practices.

We offer free Initial Consultations, but you’ve got to get a hold of us first. Contact a Chicago Personal Injury Attorney today.

The Deratany Firm concentrates in litigation involving wrongful death and personal injury as a result of medical malpractice, birth injury, automobile collisions, work related and unsafe premises incidents. We also concentrate in brain injury and adoption negligence cases >> Read More

Only four years after graduating from DePaul Law School, Jay Paul Deratany decided to start his own practice, thus forming the Law Offices of Jay Paul Deratany & Associates in 1992.

His personal philosophy has always been to help people combat injustice and subjugation by big business and is one of the main reasons why he chose personal injury and medical malpractice as his concentration.

A series of large victories in the past dozen years has certainly illustrated Mr. Deratany’s dedication to his professional calling. His devotion to helping people extends into his personal life with volunteer work as a past board member of the Perspectives Charter School and frequent charitable giving to many causes, especially Community Support Services, Greenpeace and several human rights organizations.

Jay Paul Deratany is also a current member of the Chicago House Board.

Pro-Bono legal work for Community Support Services earned Mr. Deratany the organization’s solo-recipient Ekroth Award for community service in helping children and adults with developmental disabilities and their families.

A member of the Florida Bar, Mr. Deratany is also licensed with the Northern Illinois District of the Illinois Supreme Court, the United States District Court , the Seventh Circuit United States Court of Appeals and the Trial Bar of the United States District Court.

In addition to obtaining substantial settlements for his clients, Jay Paul Deratany has contributed to various magazines and newspapers who have sought the professional advice of an experienced attorney.

His work makes the news regularly and has been featured on CNN, ESPN, and NBC5 as well as others. Jay Paul Deratany was also featured in Chicago Magazine and listed as Chicago’s “Top Lawyer 2007, 2008 and 2009″