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Starting Your Business

Posted by on Mar 10, 2017 in Business Law | 0 comments

Questions to Ask Before Starting Your Business

Starting a business is an important decision in your life because it will change your lifestyle. That is why it is important to know whether you are really up for it or not. If you are not, you may not be able to sustain that business for a long time, because business needs determination, hard work, and skill. It is not easy money.

Before you start a business, here are some of the other things you need to figure out.

Why do I want to start a business?

Most of us dream of being our own boss, so we start a business even though we have not thought it through. Many times this results into businesses that fail, either because we choose a business that is profitable but we are not interested in or a business that is not profitable but we are interested in. This will present conflicts in terms of determination, hard work, and skill.

What problem does my business solve?

Business formation is not just about getting easy money. That can’t be stressed enough. Business is also about solving a problem in society, delivering a good that makes life a little better, and giving a service that has a demand. A business should satisfy a need, and that need determines the value of the business.

How is my business different from the others?

Even though your business is satisfying a need, there are probably other businesses out there that do the same thing, so you should think of a way on how to make your business stand out from the competition. There are many aspects of a business that can stand out, like product quality, service quality, competitive pricing, and good customer service.

How many resources do I need?

Do not be afraid to delay your business formation because of financial issues, such as projected budgets and lack of funds. Everything does not have to be perfect, but you should have a clear idea on how much you need and how you are going to circulate that money to form and operate your business. There are other resources to consider as well, such as people.

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Transvaginal Mesh Complications

Posted by on Mar 9, 2017 in Medical | 0 comments

Transvaginal Mesh Complications

A transvaginal mesh is a surgical mesh used to treat pelvic organ prolapse and stress urinary incontinence, which are conditions that can be sustained after childbirth, menopause, or a hysterectomy. The term transvaginal refers to the process of how the mesh has been inserted, and it is through the vagina.

A transvaginal mesh obviously has good intentions, but there are instances where it actually causes more damage than treatment. Patients are known to get complications because of the mesh, and it transvaginal mesh lawsuits are not out of the question. There are even legal professionals out there that specialize in them, like Williams Kherkher. The fact that the issue is getting the attention of medical and legal professionals alike is enough reason to fairly say that it is serious.


One of the complications patients can sustain is mesh erosion. Mesh can wear through soft internal tissues, break into pieces and cut the vagina, bladder, and bowels, or shrink and cause pain and damage to surrounding tissues. Symptoms of erosion include bleeding, pain in the surgical area, pain during sex or urination, and poking sensations near the affected area. Mesh erosion treatments generally involve the extraction of the entire mesh or all of its parts if it has broken down into pieces.


A transvaginal mesh has a net-like structure, so there are a lot of tiny spaces where bacteria can develop and hide. The bacteria can even form a film in the mesh, allowing them to colonize and live there for months and even years. This may result into abscesses or collections of pus that has built up in bodily tissues.
Organ Perforation

The mesh can also perforate or puncture organs as it breaks or erodes. The most vulnerable organs are the bladder, rectum, and urethra. Perforation can lead to infections, and there are instances where they can also cause further complications. One such complication is a septic shock, which occurs when the mesh punctures organs and cause urine and waste leakage to the bloodstream.

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Lacerations from Dog Bites

Posted by on Mar 1, 2017 in Dog Bites | 0 comments

Property owners and dog owners should keep their dogs restrained or inaccessible to others, especially to visitors or passersby. According to the website of Goings Law Firm, LLC, those who have been hurt in dog bites may be able to get compensation from the owners.

Some of the most common injuries associated with dog bites are lacerations, or deep cuts in the skin or flesh. These injuries may be sustained because of the dog’s teeth, and their severity may be affected by the dog’s jaw strength and the sharpness of its teeth.

Possible Consequences of Lacerations
Bleeding: This can be associated with most wounds, but it can be particularly dangerous in dog bites lacerations. This is especially true if the dog bite is deep.

Disfigurement: Lacerations can also end up disfiguring the affected body part. The worst lacerations involve disfigurement to the face or hand. This does not only result into pain and suffering, but also into low self-confidence.

Infection: Dogs have the tendency to be around dirty things, so their teeth may be full of bacteria that can cause infections once the teeth contact the skin or flesh of their victims. Other complications, such as rabies, should also be taken into consideration.

Nerve Damage: The loss of muscle function and other similar symptoms may also result from lacerations. Like bleeding, this is more likely if the dog bite is deep enough to reach and damage nerves.

Post-Traumatic Stress Disorder: Flashbacks, nightmares, hallucinations, and other instances where the dog biting incident can be re-experienced by the victims are also possible consequences of dog bites and lacerations, possibly resulting into other psychological problems like social withdrawal.

Scarring: Many dog bites and lacerations end up leaving marks on the affected areas. This can cause problems in a cosmetic sense, especially if the affected area is the face.

How to Avoid Dog Bites
Property owners and dog owners are not just the only ones who should make the effort of avoiding dog biting accidents. You, as a visitor or a passerby, should also be considerate. Below are some of the things you can do to avoid such accidents:

  • Avoid being too close to the dog
  • Do not provoke the dog
  • Do not give the dog a reason to defend itself, its young, or its property
  • Watch out for signs that a dog is about to bite, such as growling or being in a pouncing position
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Factors that may Result to a Modification in Child Custody or Visitation Rights Decision

Posted by on Oct 23, 2016 in Child Custody | 0 comments

Though states usually differ in some of the factors they consider in the determining who between the parents gets custody of the child, there is one constant principle that serves as a guide in every decision making: the child’s best interest.

What actually may be considered as falling within the scope of “best interest of the child,” can definitely be contested; however, the following have been deemed necessary to be included in the determining factors:

  • The amount of involvement each parent has in the child’s activities;
  • The level of relationship the child has with each of his/her parents;
  • A parent’s lifestyle, stability, and health which can affect a child’s academic performance;
  • The child’s age and gender; and/or,
  • The health risks and safety of the environment where the parents live.

Child custody is one of the most sensitive divorce-related issues, not only because it concerns the future of another person, but also because many spouses never get to agree on the issue, necessitating a court proceeding wherein the family judge will have to be the one to decide on the matter.

After determining who gets custody of the child/children, it is implied that the other parent, the non-custodial one, will have settle for visitation rights in order to be with his/her child (many courts, however, now consider awarding custody of the child to both parents, especially if this decision will be in the child’s best interest). Both custodial and non-custodial parents are expected by the court to abide by and respect all court decisions pertaining to the future of the child; all court decisions shall be binding unless these are changed by the court itself due to a petition from either of the parents.

Any of the parents may request for change or modification in custody decisions; however, this would only be honored by the court if the petitioning parent can prove (without doubt) that current situations indeed necessitate a change in the court’s original decision.

Some of the more specific reasons why an original custody decision or visitation rights may be modified by the court, include:

  • Frustration of the non-custodial parent’s visitation rights;
  • Estrangement of the child’s affections from the non-custodial parent;
  • Change of residence without informing the non-custodial parent;
  • Material and substantial changes in the life of the custodial parent (such as his/her remarriage);
  • Child’s preference;
  • Unfavorable environment;
  • Relinquishment of custody; and,
  • Death of custodial parent

As pointed out by a Manhattan Beach child custody lawyer, any parent will naturally do everything for the sake of his/her child, even if it means keeping the child away from his/her other parent, especially if such parent can be proven as unfit. This may not be an easy task though, as it will require legally acceptable and convincing arguments to make the family court judge recognize and accept any new evidences. In this endeavor, a highly-competent child custody lawyer could be one of the best persons who may be able to help convince the judge to modify early decisions arrived at.

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A Legal Solution that Will End Your Debts

Posted by on Oct 22, 2016 in Bankruptcy | 0 comments

After six months delinquency in paying your mortgage, credit card bills, car loan, student loan and other types of loans, your creditor bank will be forced to consider your account as bad debt. This will make (your bank) refer your account to a collection agency, the job of which is to make you or your business firm pay whatever it takes (which is often through harassing tactics).

Millions of Americans suffer too much stress and worry due to overwhelming debts which has already become impossible for them to settle. Many run why or quit their job after being humiliated by collection firms. Well, obviously, they have not heard of, or are just too afraid to try resolving their problem through, Bankruptcy.

Bankruptcy is the U.S. government’s way of helping business and individuals save themselves from overwhelming debts to have a brand new financial start. To file Bankruptcy is to legally declare an individual’s or a firm’s incapacity to pay debts.

The US Bankruptcy Code law has different Bankruptcy chapters, each designed to address an individual’s or a firm’s specific financial situation. Chapter 7 bankruptcy law or liquidation bankruptcy law, for instance, provides for the selling of certain assets and/or properties by a court-appointed trustee. The proceeds will be used to pay off non-dischargeable debts (which are usually government-related) with the remaining amount to be returned to the owner of the property and assets.

There is also Chapter 13 bankruptcy law or Debt Adjustment plan, wherein the court requires debtors to design a three-year debt-payment scheme, making payments more affordable. Besides allowing debtors to keep their properties, this chapter also lets them continue with the operation of their business.

There are other bankruptcy law chapters, such as chapter 11(also known as business reorganization) and chapter 12 (which is designed for families whose farming or fishing business produces a regular annual income). The beauty of bankruptcy is, it will not only enable you to legally settle your debts; it will also erase some of your debts which are not protected or dischargeable.

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The OSH Act and the EEOC: Passed for the Protection of Employees

Posted by on Oct 22, 2016 in Workplace | 0 comments

Many usually think that offices and other places of employment (except construction sites and other industrial working environments) are places safe from accidents. Not likely the case! This is why the Occupational Safety and Health Act (or OSH Act) was passed into law in 1970, to make sure that employees are provided (by their employers) with safe and healthful working environments. The Bureau of Labor Statistics of the US Department of Labor, in facts, says that offices are places where accidents frequently occur.

The most common injuries suffered office workers, based on records, are repetitive strain injuries, sprains and strains, neck, head and/or back injuries, and electrocution. These are usually caused by any of the following: Trips/slips or falls, overexertion and strains, improper storing of office materials in the storage room or in working areas, poor indoor ventilation, air quality and lighting, electrical wiring across hallways or working areas, and, disturbing noise.

The law firm Robert Wilson & Associates says that office environments, although not on the list of highly-hazardous work environments, present their own dangers. Injuries in the office may even be severe enough to cause short-term or long-term disabilities and therefore may qualify an accident victim for workers’ compensation benefits. However, filing a successful workers’ compensation claim can be a difficult process, and many claims get rejected for small, technical errors. It would may be an advantage for an injured employee to seek legal assistance from an experienced office injuries attorney who may be able to help make a strong case for the approval and release of Workers’ Comp benefits sought by the injured employee.

OSH Act is not the only law that employers are required to observe, though. There are also the rules which are strictly enforced by the U.S. Equal Employment Opportunity Commission (EEOC). These rules, which are embodied in Title VII of the Civil Rights Act of 1964, illegalize discrimination in all aspects of employment, including hiring, promotion, wages, fringe benefits, job training, firing, referral, etc., on the basis of race, national origin, color, sex or religion.

One specific form of abuse and discrimination suffered by employees, especially before 1991, was sexual harassment. The, EEOC, according to the New York City sexual harassment lawyers of Cary Kane LLP, considers the following as sexual harassment acts:

  • Demands for sex as a condition of employment
  • Unwelcome advances, requests for sexual favors, and verbal or physical conduct that affects a person’s ability to do their job properly because it is so offensive, intimidating, or abusive
  • Requests for sexual favors
  • Inappropriate physical contact, including touching, kissing, hugging, standing too close or intentionally brushing up against a person
  • Sexually explicit or suggestive comments, jokes, teasing, or innuendo
  • Commentary or questions about the victim’s sex life, body, or clothing
  • Displaying, posting, or circulating in the workplace emails, pictures, cartoons, or other written or graphic material of a sexually explicit, demeaning, or obscene nature
  • Verbal abuse or derogatory comments of a sexual or gender-specific nature
  • Staring, leering, whistling, or obscene gestures.

Sexual harassment, as well as acts of negligence of carelessness in an office environment which results to accidents and injuries, can be committed by anyone: an employer, a manager, a senior co-employee or an co-employee of the same rank. Like the right of an injured employee to seek compensation for his/her work-related injuries, an employee who is or has been suffering from sexual harassment can seek help from the EEOC to make the unjust act stop or, if it has caused him/her sufferings and damages, to seek compensation for whatever harm he/she might have already suffered.

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