Family business disputes can lead to long term effects, some of which you might not appreciate. Consider a hypothetical example of a complex family business conflict at Smith Family Corp., a small corporation where all the shareholders are extended family members and their spouses.

Jim Smith wants to divorce his wife Jane and they have equal shares as 25 percent owners. Jim’s three siblings and their spouses collectively own the other 75 percent. The four siblings are already divided on many issues over a falling out over the distribution of shares to all siblings and their spouses when Jim’s father passed away.

Who wants their ex as their business partner?

It’s divorce time and you are ready to turn the page and start a new chapter in your life. If you work for a family business you may turn the page but have some recurring characters with you, namely your former spouse.

In the case of the Smith family, Jim may go ahead start his new life after divorce as he pleases, but his ex-wife will still own half of their former collective 25 percent. The tension and conflicts Jim may anticipate could come from his former wife and the rest of his siblings and their spouses.

Consider an example where the company bylaws require a two thirds vote on paying quarterly dividends instead of annually. If Jim’s ex-wife wants to make his life uncomfortable she could vote against paying dividends and stop the motion from passing, where previously, other family members routinely relied on Jim and his wife for always voting in favor, making the two thirds vote for quarterly dividends pass.

Creative persuasion and the unattractive offer

The unattractive offer in a family business dispute could become more attractive when people consider the long-term consequences of short term choices. What might seem like a good idea now can turn into a disaster over time.

Considering Jim may be well on his way to everyone being upset with him if his soon to be ex-wife exercises her shareholder rights to make Jim pay for divorcing her, every single day. Jim might consider buying out his wife’s shares of the business in the divorce.

Jim’s wife knows how important it may be for Jim to get her out of the family business and he may be wise to over pay her for the value of her shares. Jim’s other option may be to give his wife all his shares in the business and have her buy him out.

Using an experienced lawyer, like a family attorney, who works well with equally experienced corporate and business counsel is important to everyone in the family and the future of their business.

 

 

Knee injuries sustained in car collisions can result from pretty much any kind of impact. They are typically caused by a sudden twist or blunt force trauma (or BFT). Injuries consist of sprains, strains, ligament and cartilage tears, dislocations and fractures. Here are some of the most common examples of auto accident knee injuries. A common dashboard injury is a partial or complete tear of a knee’s posterior cruciate ligament (PCL). A partial PCL tear might be treated by strengthening the quadriceps group of muscles to make up for the loss of the stability that the PCL provides. A complete tear requires surgical rebuilding of the PCL with transplanted tissue. A few weeks at home might be required if you have a desk job. Expect the knee to become arthritic. There also several other injuries sustained in car accidents that are common in knees:

Strains, Sprains and Tears

Strains and sprains occur when muscles and ligaments are suddenly stretched beyond their normal limits. Knee strains and sprains are usually treated conservatively with rest, icing, compression and elevation of the affected leg. Ligament tears can be extremely painful. In motor vehicle crashes, the two knee ligaments that are most commonly torn are the anterior cruciate ligament (ACL) and the medial collateral ligament. Both types of tears are likely to require surgery and extensive rehab.

Cartilage Tears

Each knee has two cartilaginous pads that operate as cushions between the thigh bone and shinbone. Each of those pads is known as a meniscus. Different types of tears can be located in different parts of a meniscus. The tears might require a brace due to weakness of the affected knee. They sometimes require surgery to remove the damaged cartilage. Recovery time is usually short, and any permanent damage from the tear is minimal.

Dislocations

Knee dislocations are more likely to occur in high speed crashes when trauma forces the bones of the knee joint out of their normal positions. They’re very complex injuries, and they’re likely to involve torn ligaments and cartilage too. Secondary issues like arterial blockage from the dislocation could result in the need for amputation.

Fractures

A knee can be fractured in any number of ways in a car crash, but we usually see them in the context of head-on and side impacts. The most common type of fractures in these crashes is a fractured knee cap (patella) from blunt force trauma with a dashboard. Treatment of a kneecap fracture mostly depends on whether the fracture was simple or displaced. A simple patella fracture is treated with a full cast for six to eight weeks. Crutches will be in order during this period. A displaced fracture is more complicated. Muscles pull the pieces of the knee cap apart. Surgery is usually required in order to bring the pieces back together. Arthritis can develop in the future.

Contact an Attorney

A serious knee injury from a car crash can impact a victim physically, financially and emotionally. Reach out to an attorney who represents victims of motor vehicle crashes who suffered serious knee injuries as a result of the carelessness and negligence of somebody else. You can request a free consultation and case review on your knee injury case. There’s no obligation, and if they enter into a retainer agreement with you, usually no legal fees are due unless they obtain a settlement or verdict for you. If you are the victim of an injury, reach out to an experienced car accident attorney Des Moines IA trusts for legal advice.

Thank you to Des Moines Injury Law, for providing their insight and expertise on car accidents.

 

Truck Accident Lawyer

Representing the spouse or parents of a deceased tractor-trailer underride victim is the most heart-breaking aspect of my work as a truck accident lawyer. Wrongful death claims are always difficult on grieving families but when the deceased has been crushed beneath a heavy truck, or killed−a result of a sheared occupant compartment, well… the breadth of sorrow and sting felt by surviving family members is especially acute. While harms sustained in collisions with heavy trucks and fully loaded semis will always produce serious injuries and death, the number of fatalities could be reduced and would be reduced, according to Russ Rader, a spokesman for the Insurance Institute for Highway Safety (IIHS), if side underride guards were mandatory safety equipment on commercial heavy vehicles.

After Hollywood actress Jayne Mansfield’s tragic rear underride death and the near-death of her three children in 1967, the public cried out for regulations requiring rear and side bumper guards on semi tractor-trailers. It wasn’t until 1998, thirty-one years after Mansfield, her lawyer and driver were killed, when the National Highway Traffic Safety Administration (NHTSA) exerted their authority mandating only the installation of rear underride bumpers on heavy trucks and semi tractor-trailers. Today, the rear bumper, skirt or underride guard is more commonly known to truck accident lawyers as the “Mansfield bar.”

We are a consumer society and the trucking of merchandise and materials fulfills the growing commerce needs of consumers and businesses. While railroads are used primarily to haul goods long distances, heavy trucks and commercial semi tractor-trailers take up the slack, dominating commercial transportation in America today.

Regrettably, heavy truck rear underride guards are lagging in structural integrity and cave when struck with enough force, like that of an automobile traveling only 35 miles per hour. Certain truck manufacturers are satisfied with meeting the minimal legal standards of underride guards. But responsible truck manufacturers have taken the concept of road safety the extra mile by manufacturing bumpers engineered to reduce road fatalities. In 2017, Five North American semi-trailer manufacturers were presented with the Toughguard Award by the IIHS. The five recipients of this award include Vanguard National Trailer Corp., Great Dane LLC, Stoughton Trailers LLC, Manac Inc., and Wabash National Corporation.

To date, side underride guards have yet to be required as standard safety equipment. In their video, Understanding Underride, the Insurance Institute for Highway Safety is actively testing well-engineered rear and side underride bumpers, with the objective that the NHTSA will announce enhanced rear guard safety regulations and craft a new national mandate regulating side underride guards as standard safety equipment on heavy trucks and semi tractor-trailers.

Experienced Truck Accident Lawyer

In January of 2018, a bipartisan bill began moving through congress that would require side guards be fitted on trailers and front guards on trucks. As an experienced truck accident lawyer who has represented the surviving family members of rear and side underride collisions, I have hope that the Insurance Institute for Highway Safety will prevail in their effort to update national safety standards.

If you, or someone you know, has been hurt or fatally injured in a side or rear slide under collision with a heavy truck or tractor trailer, protect your rights by contacting an experienced truck accident lawyer or plaintiff’s law firm such as the Personal Injury Lawyer Indianapolis, IN locals turn to before the defendant insurance company contacts you.

Thanks to authors at Ward & Ward Personal Injury Lawyers for their insight into Personal Injury Law.

When you file for disability benefits, you may be concerned about your child support responsibilities as well. You may have questions about how much of your benefits will be taken to add to child support payments and if you have a choice whether they do or not. You will find that a number of issues arise from a situation involving social security benefits and child support. Here are some common issues you may have questions about.

Do I have to Continue Paying Child Support if I am on Disability?

You are still responsible for paying child support even if you become disabled and receive assistance. The mandatory payments set by the court still apply.

What Happens When I Can’t Afford to Pay?

Being disabled and keeping up with various bills can be extremely stressful, especially if you can’t afford them. If the amount of your assistance is notably below the amount you used to make before you became disabled, then you can request your payments be modified. You will have to submit a petition to the court to lower the payments based on the new amount of income you receive from your benefits.

Will Any Back Child Support be Modified Based on New Income?

The amount that you owe prior to filing for a modification will not be affected by an adjustment. The modifications approved by the court will not include a reduction in your past due payments.

Can My Disability Check Be Taken?

Garnishment may be a possibility depending on the type of benefits you receive and the status of your child support payments. SSI (supplemental Security Income) disability is typically given to low income earners and they cannot be garnished. However, SSDI (Social Security Disability Insurance) payments can be garnished to pay past due child support.

Can My Back Wages Be Taken for Child Support?

If you owe child support and you are eligible for back wages, your wages may be taken to fulfill your back payments. While the entirety of your wages will not be garnished, a portion may be in order to pay off your debt.

Will My Benefits Replace My Owed Child Support?

Your children may be able to receive assistance under your name when you receive disability benefits. Unfortunately, people believe that any payments a child receives under a parent’s name count as a child support payment. That isn’t true. Child support payments are not satisfied by family allowance and money that your children obtain through disability benefits are separate from the amount you pay in child support.

Living with a disability and still having financial obligations like child support can be hard to sort out by yourself, and you may have a difficult time because you aren’t earning what you did when at work. If you aren’t sure what you will be required to pay while receiving disability benefits, it is wise to consult a professional. Consult an experienced attorney such as the disability lawyer Memphis TN locals turn to.

Jewelry, beauty and accessory brand Claire’s is removing 17 different products from its stores after they were discovered to contain asbestos, reports NBC News 10.

The discovery was made by Kristi Warner, who purchased makeup from a Claire’s store in the Providence Place Mall in Barrington, Rhode Island, for her six-year-old daughter. Warner had concerns about the ingredients in the glitter makeup kit she bought for her daughter MacKenzie. She works for a local law firm that had encountered contaminated makeup in past cases, so the Barrington mother sent the makeup kit from Claire’s to an independent laboratory in North Carolina for testing.

Once the tests were completed, Warner received a distressing phone call from the lab. The makeup contained tremolite asbestos, a cancer-causing, toxic material that has been linked to mesothelioma. According to the Mesothelioma Cancer Alliance, this type of cancer is rare, aggressive, deadly and caused by exposure to asbestos.

Afraid that other children may be exposed, both Warner and a coworker bought 17 more Claire’s products from nine states. Unfortunately, none of the results were good news. Sean Fitzgerald, a scientist with the Scientific Analytical Institute who conducted the tests, was shocked to fin tremolite asbestos in every product he tested.

Warner, who says she did not know what to tell her six-year-old daughter about her exposure, noted that since most of the test products came from Claire’s over the last two weeks, other children are definitely being exposed to this deadly toxin.

In response to this revelation, Claire’s issued a statement saying that all the items in question were being pulled from store shelves nationwide. The company also added it is conducting an investigation of its own into the matter immediately.

Consumers are being asked to remove the products from their homes and return them to stores for a refund. Affected items include a metallic pink glitter makeup set and phone case, the Ultimate Mega Make Up Set, a rainbow heart makeup set and a pink glitter eyeshadow set. Although Claire’s has yet to provide details on why the affected items were contaminated, glitter does appear in most of the recalled items.

Sadly, this is not the first-time asbestos has been found in cosmetic sets aimed at young children. As reported by Teen Vogue, asbestos was also found in shimmer powder from popular young teen store Justice earlier this year. In that case, tremolite fibers were present in the talc used for the makeup’s base. The Food and Drug Administration requires that talc be tested for asbestos before it is used in cosmetics, so how it ended up in that cosmetic product is still unclear. Third-party testing conducted by Justice did not find any asbestos in the product, but it was pulled from shelves nevertheless.

Even with testing requirements in place, dangerous toxins can slip through the cracks and into everyday products. If you have been harmed by a dangerous product, speak to an experienced attorney, like an experienced Denver negligence lawyer, about your case.

 

If you sustained a serious injury in a boat accident, you may be eligible to receive compensation from whomever caused the accident. Our boat accident lawyers have recovered maximum damages for thousands of injured accident victims. It’s difficult to know if a personal injury claim is valid without the review of an experienced attorney. Call our office today to request a consultation at no charge.

Is it common to get injured in boat accidents?

Boating is a popular activity. Many people enjoy being on the water and there are a variety of crafts from which to choose: self-powered such as kayaks to privately owned small boats to commercially operated boats. Unfortunately, too many people sustain serious injuries every year in boating accidents, and tragically, some are fatal. Though many accidents are simply accidents, some are avoidable and occur due to negligence or carelessness. In these situations, the victim and/or their family, may have legal recourse against the person or company responsible for their losses. Talk to one of our boat accident lawyers to find out more about your legal options for recovering damages.

How can a boat accident lawyer help me?

Boat accident injury claims must take maritime laws into consideration in addition to liability and other laws. There may be more than one defendant, and each defendant will likely have their own attorneys. This may require numerous depositions and other legal procedures. Representing one’s self may not be your best course of action. If you lost a loved one in a boating accident, additional laws pertain to wrongful death suits. When you work with a boat accident lawyer from our firm, you can feel confident that your best interests will be protected by a knowledgeable and skilled attorney. In addition, an attorney from our legal team may be able to negotiate a favorable settlement on your behalf. A settlement will allow you to avoid courtroom litigation as well as the time and expense related to a lawsuit. A boat accident lawyer from our firm can also be invaluable for the following reasons:

• You will not have to pay for our services until or unless we recover a settlement on your behalf.
• A settlement can provide you with the funds you need much sooner than waiting for the resolution of a court ruling.
• A lawsuit does not guarantee a jury award for your damages, and your attorney’s negotiated settlement may offer just as much or more than a jury award.
• Your boat accident attorney will make sure that all legal deadlines are met and that your paperwork is filed correctly and with the appropriate parties.

Do Not Delay in Seeking Legal Expertise

By law, victims of personal injury accidents, including boat accidents, must file a claim within a certain period of time. Injury lawyers can provide you with more information as to how this statute of limitations will affect your case.

 

When it comes to planning a business, there may be many questions regarding business law, definitions and structures. Business law can include codes, rules, statutes or regulations that aim to govern relationships. In addition, business law is used to provide a legal outline for business management standards and conduct. The concept of business law can cover areas such as contracts, organization, information, planning, mergers, negotiations, divestitures and acquisitions.

What is a Limited Liability Company? (LLC)

This is a kind of business that combines pass-through taxation of proprietorship with a limited corporation liability. The LLC can be taxed as if it were like a sole proprietor, which has to report losses and gains on personal tax returns (as an LLC is not considered a separate entity). If an LLC owner commits a personal act which is illegal or negligent, then that owner can be held liable.

What is the Definition of a Corporation?

A corporation is defined as an independent entity company. A corporation is separate from any person who controls, owns or manages the company. Tax law views these corporations as pseudo-person that can enter contracts, be taxed, and can acquire gains and losses. A corporation can shelter any persons who control, own or manage the company from liability. If a corporation draws a judgement against self, any personal assets of owners are protected.

What is a Non-Profit Organization?

Non-profit organizations are tax-exempt. In order to become a non-profit, a corporation must be structured in a way that benefits a group of people or individuals, benefits the overall public or benefits members. A non-profit can accumulate profits, but obtaining earnings cannot be their sole motivation.

Do I Need a Statutory Agent?

If you are a business owner, you should seek a registered or statutory agent who will be assigned to receive a service of process. A service of process occurs when a company receives notice they are part of a legal action. By appointing an agent to handle this, the claim process can move forward in the court system.

What is the Difference Between Trademark, Copyright and Patent?

The definitions of these three categories are described as follows:

• Trademark: created to protect phrases, words and logos that a company uses for products and goods; which is a way to identify separately from other companies. This prevents other companies to use similar marketing or identification content in order to sell their products.
• Patent: a grant of property right and protection to an inventor from the Patent and Trademark Office. On average, a patent is useful for twenty years after the date of application.
• Copyright: helps protects the original works of an author, however does not protect subject matter such like a patent or trademark can. A copyright can protect pictures or descriptions, but cannot prohibit another party from making a product similar to the original inventor.

What Permits, Registrations or Licences Does a Business Need?

Depending on the area of business, there are different documents that need to be completed in order to operate a business.

• Sales Tax License
• Sellers Permit
• Zoning Permit
• Employer Identification Number (EIN)
• Health Department Permit

If you have questions, be sure to talk to a top business formation lawyer Folsom CA recommends.

 

Thanks to our friends and contributors from Yee Law Group Inc. for their insight into business law.

 

 

When the time is taken to look closely at statistics surrounding car accidents, by a skilled car accident lawyer Lakeland, FL residents trust the results can be astounding. Since 2007, the year of 2016 was the deadliest year for motor vehicle drivers on the road, estimating that more than 40,000 people died in car accidents. This statistic has increased by 14% from 2014. Recent increases in death tolls over the last 2 years is the largest increase of motor vehicle accidents in 50 years. In 2015, more than 4,693 people died from motorcycle accidents. This represents around 13% of all fatalities that occurred that year more than doubling the death toll reported in 1997. Some of the death toll in motorcycle accidents is attributed to the lack of helmet laws in some states. Currently, helmets are only required in 19 states. Additional Statistics surrounding motorcycle deaths include:

• 27% did not have a license
• 91% were male
• 27% were female

(More than 41% of these accidents did not involve another vehicle).

Due to an uptick in technology, car accidents as the result of distracted driving are on the rise. Recent reports indicate that more than 660,000 drivers are accessing their mobile devices while on the road. In 2015, distracted driving accounted for 3,477 of all deaths. The cost from car accidents is exorbitant equating to more than Turkey’s gross domestic product. In 2010, the economic loss totaled to $871 billion, a number that is equivalent to 5% of the US’s gross domestic product. $277 billion are due to damages such as medical bills and car repairs. $594 billion are costs associated with societal losses such as lost lives, loss of future earning potential and a diminished quality of life. People are not consistent in using a seatbelt when driving in the car. Between 52-59% of all fatal accidents were the result of failure to wear a seatbelt.  In 2015, seatbelts saved 14,000 lives. By wearing a seatbelt, risk of fatalities in motor vehicle accidents is reduced by around 50%. It will be important as a driver on the road to do all that they can in preventing a car accident. When on the road, it will is vital to uphold your duty of care by being present, alert, and sober. It is also critical to always observe traffic laws as they are in place for a reason.

 

Thanks to our friends and contributors from Hickey & Turim SC for their insight into car accidents.

 

A probate lawyer will be beneficial in helping to explain the interstate probate process. Essentially, Interstate Probate is when a loved one passes away without a will in place. Family members of the person who has died greatly benefit when a will is in place as it gives them guidance for how to divide assets. The process becomes completely different when a will does not exist, and is considered to be Interstate. The state will most likely become involved to determine how assets should be divided to beneficiaries. In some situations, an executor or estate administrator may be appointed.

What is Probate?

Probate at times, can be a complex process however, sometimes, it can be simplified. There are a number of factors that will determine this, primarily, whether or not your loved one has a will in place. Probate must be filed regardless of which scenario is applicable. Prior to a hearing, there will be a 2 week waiting period. The courts will look to determine whether or not the will is valid during the timeframe.

The Two Week Wait

Notice that the application has been filed at probate will be posted by a county clerk for a two week period prior to the court hearing. Anyone who would like to contest the will or estate is notified that they may do so at this time. There will be a specific number of days that a person can file should they choose to contest the will. The court will move forward in the administration of assets and validating the will if a person fails to contest the will within the appropriate time frame.  

The Hearing

The court will carry out the hearing following the two week waiting period. During this time an executor or administrator will be appointed by the courts or, a judge may choose to distribute assets and properties themselves. There are two different ways that property is distributed and divided:

• Community Property is when property is gained from marriage. Unless there are children involved, property will be given to the spouse. The Spouse and children will split property equally if both are beneficiaries of the will.  
• Separate Property is when property was inherited during marriage or there were assets or property owned before the marriage. All separate property will be inherited by the spouse if there are no children involved.

Contacting a skilled probate attorney O’Fallon MO recommends who understands the process for more information will be beneficial.

 

---

Thanks to our friends and contributors from Legacy Law Center for their insight into probate law.

 

When a car accident happens, it’s often unexpected and traumatic for those involved, particularly if there are injuries. For the victim, their stress can be compounded when the person who caused the accident is not insured. If your injury is serious and requires expensive medical care, you may have legal recourse to recover your damages. An attorney, like a car accident lawyer Des Moines IA trusts, from our firm may be able to help you.

 

Insurance Companies

 

Though you may have an underinsured/uninsured rider as part of your insurance coverage, it may not be as easy to recover your damages as the insurance company advertises. In fact, your own insurance company may accuse you of being the at-fault driver in the accident and deny your claim. This may leave you feeling as if you have no options and must pay for your medical bills out of your own pocket. Contact our firm at [phone number] and request a free consultation with one of our car accident lawyers who can review your case and provide guidance. Because each case is unique, we may be able to provide a solution that you’re not aware of as a possibility.

 

Determining Liability

 

If the reason your insurance company denied your uninsured driver claim is because they believe you were at fault, they may tell you that if they cover your damages under your regular policy your rates will increase. Or, if your medical bills and other accident costs exceed the cap on your policy, you may be left with having to drain your savings or even sell your home. However, if your car accident lawyer can prove that you were not at fault, the insurance company will be obligated to pay your costs. If they continue to refuse, our attorneys at [firm name] will be prepared to take them to court. Very often, this will create sufficient incentive to bring the insurance company to the negotiating table. A car accident attorney from our firm will then make every effort to negotiate the maximum possible settlement amount on your behalf. If we do not recover a settlement, you will not have to pay for our services.

 

Pursuit of Assets

 

Another option to recover your accident damages is to pursue the assets of the person who caused your accident. In some cases, a person may not have car insurance, or enough coverage to pay damages, but their personal assets meet or exceed the full amount. As an officer of the court, your car accident lawyer can legally pursue these assets and even petition the court to liquidate them on your behalf.

 

Recoverable Damages

 

In addition to compensating you for your medical bills, the at-fault party is also responsible for your related costs. Depending on your circumstances, these may include follow up treatments, medications, medical equipment such as crutches rental, home healthcare aides, and much more. Talk to one of our car accident lawyers today to find out how we may be able to help you, even if the other driver does not have car insurance.

---

Thanks to our friends and contributors from Des Moines Injury Law for their insight into car accident cases.