A Really Personal Injury: Herpes

Just when you least expect it, a trip to the doctor confirms your worst fears: you have genital herpes. If you’re like most, your thoughts will immediately go to your last few sexual encounters. You wonder who gave it to you, and you wonder who you might have passed it to as well. Herpes can affect people and show no visible symptoms and it’s more prevalent than you think; the Centers for Disease Control estimates that as many as 1 in 6 people aged 14-49 actually have this sexually transmitted disease. Once you’ve come to grips with your infection, you may begin wondering if you have a legal course of action against the person who gave you this STD. Read on to learn about the three ways you may be able to gain some compensation or other legal recourse’.

Negligence

There’s a chance that the person who passed this disease along to you was unaware that they had it, but that does not prevent the courts from finding them negligent. The person you were with owed you a duty of care and they breached that duty. This means that everyone has a duty to use care when taking actions, such as having sex, and breaching that duty means that they did so in a negligent manner.

The courts have ruled that if a former partner should have known that they could have herpes, they had a duty to seek a diagnosis, seek treatment and to inform you of the potential risk. Failure to use protection and failure to be abstinent can point to negligence. Did you also play a part in this negligence? Likely so, but the courts may rule that your failure to use due car was secondary to the at-fault parties’ negligence.

Lying

If you can show that a former partner knew they had herpes and lied about, you may be able to make claim for fraud. To show fraud, you must prove all three of the following elements:

1. One party lied

2. One party believed the lie

3. That party was injured by believing the lie.

Assault

This is the most serious charge to bring, and you must show proof that you would not have consented to sex had you known that one party had herpes. Your partner’s lack of candor prevented you from giving full consent to the sexual encounter, which equates to sexual battery, in some states.

Unfortunately, herpes cannot be cured, but you may be able to get some financial or legal satisfaction and help set an example for others who spread this disease carelessly. Speak to a personal injury attorney, like one from Velde Moore Limited, for more information.

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4 Things You Can Do To Protect Yourself Financially During A Divorce

Going through a divorce is difficult for many reasons. It is important that as you go through the divorce process that you are doing everything that you can to protect yourself and especially protect your financial future. Here are some things that you should do to make sure that you are financially protected.

1. Get A Copy Of Your Credit Score

Up to this point there is a good chance that you and your spouse had joint debts. Even things like the electric bill can affect your credit score. So if your spouse has had a hard time with managing finances you could be in trouble too. There bad financial decisions could be affecting your credit score. Although it may be painful and hard, it is important to know where you are at with your credit score, and if need be start doing what you can to repair it. This will come from closing joint credit accounts and paying down any debt you may have together.

2. Get Your Own Mailbox

One of the first things you should do when you are getting a divorce is get your own mailbox. There will be a good deal of financial and legal documents that will be sent to you and you don’t want you spouse to have access to those. So long as they are sent to your home that you had together your spouse could open the mail. So get a PO Box as soon as possible.

3. Reorganize Investment, Retirement and Bank Accounts

Recognize that as long as both people’s names are on the account they can withdrawal money. If you and your spouse are on bad terms, there is a good chance that they will drain your accounts, simply to get back and you. You need to make sure that you are protecting your wealth and transfer money into an account that is only in your name. In some cases this will be challenging, like on an IRA. But you can have the accounts frozen during the divorce. This will protect your finances.

4. Close All Joint Credit Cards

Lastly, you need to close all joint credit cards. Do no let your spouse spend any more money in your name. There is no telling what they will do, and so long as your name is on those accounts, you will be held responsible for any purchases they make.

By doing these things you can protect yourself financially during a divorce. 

For more information concerning divorce legalities, contact businesses like Grafton Law Office.

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Earning Income While Disabled

If you have a qualifying medical condition, you may be able to receive monthly monetary payments from the Social Security Disability Insurance (SSDI) program. This program uses strict guidelines to access an applicant’s inability to work at their job because of a qualified medical condition, and it is not easy to get approved for the benefits. Once you are approved for SSDI, you will face another hurdle: you must keep your income below a certain amount each month if you want to continue to get benefits. Read on to learn more about the income requirements for the SSDI program.

Don’t get confused about two similar programs.

The Social Security Administration (SSA) offers two different programs for those who suffer from a disabling medical condition: SSDI and the Supplemental Security Disability (SSI) program. SSI is aimed at those who have not worked enough to earn any SSDI benefits, but they must own very little property. SSDI is based on work and money earned in the past, but your property ownership is not part of the qualification. Your income, once you are approved however, is scrutinized.

Substantial Gainful Activity

It only makes sense that the SSA limits your monthly income because you are receiving benefits based on the fact that you cannot do work because of your medical condition. You are allowed to do some work and earn some income, however, as long as your income doesn’t exceed the limits. For 2016, the income limit is $1,130 ($1,820 for the blind). For 2017, the limits go up to $1,170 ($1.950 for the blind). This amount is based on a cost of living evaluation, and can change yearly. It should be noted that the amount does not always rise, sometimes it decreases. The SSA terms the amount of work that you are unable to do as substantial gainful activity (SGA)

It’s important to note that SGA is not determined by your income amount alone; the SSA also looks at the type of work you are doing to earn any income reported to them (and you must report all income earned). For example, you must not be participating in any work that you claimed to be unable to do when you filed your initial claim. You can do other types of work, perhaps more sedentary work or work that is unaffected by your qualifying medical condition.

If you are having trouble getting your SSDI benefits approved, speak to a Social Security attorney like Gieg Law Offices. Being denied on your first attempt is not uncommon, but having legal representation at your appeal is vital.

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Filing A Workers’ Comp Claim? Know Why Timing Is Important

Workers’ comp can be a life saver went you suddenly become injured at your job. With the help of insurance, you’ll be able to recover at home and still collect part of your paycheck. In addition, all your medical bills related to the accident will be paid for, so the added stress from additional expenses will not be a factor. That said, in order to guarantee that you receive workers comp, you need to get moving on meeting time-sensitive deadlines.

Immediate Things To Do

The first thing you need to do is report the accident to your employer. While your state may or may not have deadlines on when you have to notify an employer, the failure to inform them of your injury can cause your claim to be invalidated. If an injury is bad enough to seek out medical attention to treat it, you should let your employer know about it. You want it to be clear that the injury was related to your job, not leaving any doubt that the injury happened in another way. Don’t stress about needing to file out the proper forms, as all you need to do is notify them, ideally in a form like e-mail where there is a record of you notifying them.

Of course, there are exceptions where you cannot notify your employer immediately. If you were incapacitated due to the injury, or the injury occurred while working off-site, it’s understandable that you’ll be taken to the hospital before you even have the opportunity to notify your employer. Focus on your medical care as a priority if notifying your employer is not practical.

Be Aware of Deadlines For Filing

Every state will have their own deadlines regarding when you need to file the necessary paperwork by. Expect this deadline to be anywhere between 30-90 days after the injury, although some states, like California, have a time limit of up to 5 years. There are obvious exceptions to this rule, such as if you are in a coma and not able to file the paperwork, but they are for limited situations.

Hire An Attorney When You Need Help

You should focus on getting yourself healthy again, not navigating all the rules for workers’ comp and making sure you are meeting deadlines. Work with an attorney that specializes in workers’ comp cases. They will take care of the case for you, and only get you involved when it is necessary. Contact a law firm like The Law Offices Of Martin Von Mizener for more information.

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Should You File Bankruptcy Now Or Wait A Few Months?

If you are unable to pay your debts, and your creditors are calling you all the time to get money from you, you may be considering filing bankruptcy. However, before you do, consult with a bankruptcy attorney to see if it might be in your best interest to wait a few months, or even longer, before starting the process. Here are a few reasons you might want to wait.

Income

The bankruptcy court will require you submit documentation detailing your income for the last six months. If you have recently lost your job, or taken a pay cut, the average amount for those six months might be more than allowed to file for a Chapter 7. You may still qualify for a Chapter 13, but this will require you to pay off some of the debt. If your new income – of lack of – will not provide you with the money needed to make these payments, it would be in your best interest to wait until the average shows your inability to pay.

Property and Assets

There are probably going to be some property or assets that you really do not want to lose in the bankruptcy. Before filing, you can sell the property. Take advantage of any equity you have in it and use the proceeds to pay for necessities or to pay down some of the debt. This could include your home, vehicle, valuable items, or even your tax refund. You do not want to lose all that you have rightfully earned.

Purchases and Payments

If your debts show that you have purchased luxury items in the recent past, you may not qualify for a Chapter 7. In addition, if you do sell off some property and use the proceeds to pay down other debt, these payments may be recaptured to go into the funds to be used to pay all creditors equally. While it is good to have done this, you will want to wait the 90-days before filing so this money cannot be taken back.

Being unable to pay your debts is stressful and uncomfortable. Having to deal with creditors calling you at home and at work can be frustrating and embarrassing. While you might be tempted to start the proceedings to get everyone off you back, it might also be better to wait. Talk to an experienced bankruptcy attorney at a firm like O’Brien and Dekker Attorneys at Law to find out what will be best for you. Also, keep in mind that you can send a letter to request the creditors stop calling.

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