As we have mentioned in our previous blog posts, there are various types of personal injuries and this field has thousands of examples - still it is important to remember that most personal injury cases are usually settled outside the court or without trail.

We will begin examining the stages of a Personal Injury case in 7 stages.  Here is the 1st stage.

Stage 1:  Meeting with the Lawyer

Stage 1 - meeting with your lawyer

Every Personal Injury case starts by first meeting with the lawyer.  It is important to remember that only a professional lawyer can define the types of damages and compensation amounts.   Any other individual without experience nor knowledge in this field will not be able to help you nor do they possess the experience to classify the type of personal injury you might be facing. 

Usually in the meeting with the lawyer, the injured person begins by telling the lawyer all possible details of the accident.  The bigger the case is, the number questions tend to be higher and one can expect the meeting with the lawyer to go on for a longer period of time.  We have had many personal injury clients and as reported by them, they have had to meet with the lawyer for just 30 mins in some cases to over couple hours in other cases.  This is because, in the event the case goes to the court room, even the smallest detail can help you in your personal injury case. 

After the lawyer, or sometimes a team of lawyers , have gathered all the necessary details of the case, they will define to you the types of damages and compensation you can expect.  At this stage your lawyer will discuss with you the entire strategy for your upcoming case.

Stay tuned for the next stage  Stage 2 - Starting a Lawsuit!  Visit www.lawyerahead.ca to get help with your personal injury case.

Premarital or prenuptial agreements have a reputation for being something negative and foreshadowing divorce, but many times, a couple may choose to enter into a ‘prenup’ to avoid burdening their partner with debt or to maintain previously-made arrangements with others. There are a few reasons why prenuptial agreements may be right for you and there are a few downsides.

One of the upsides to having a prenuptial agreement is it forces each partner to look at his or her finances. Prenuptials cut through the verbal promises and assumed expectations, laying out each partner’s specific intentions for the marriage. They can protect the inheritance rights of offspring from other marriage. They allow business owners to protect their business from being split up due to divorce. If the marriage requires one of the parties to quit his or her job, a prenup can make sure they are compensated for the trouble should the marriage dissolve. A debt-encumbered future spouse can protect their future partner with a prenuptial agreement. Finally, prenups eradicate some if not all conflicts during divorce proceedings should the relationship sour.

There are a few downsides of entering a prenuptial agreement. The contract may require one to lose out on assets normally acquired from their partner if he or she dies. They can cause resentment or an air of distrust. If one engages heavily in helping their partner’s business succeed, they may end up undercompensated. Blinded by love, some may agree to terms they really shouldn’t have only to realize their error after it is too late. They can be invalidated if a party forgets to mention some of their assets (the house in Guam you won in a poker game 14 years ago and have never been to). Prenuptial agreements can give off a sense that one does not expect the union to last a lifetime. Lastly, having your partner sign one does not send a romantic message.

Although there are definite downsides to having one, prenuptial agreements may be necessary. Ex-spouses may depend heavily on promises you have made. Ensuring that these are kept can sometimes be more important than your current partner’s objections to a prenup.  Make sure to consult with your lawyer or lawyers on your legal rights.

Most Viewed Lawyers for the week ending March 27, 2009

1. David J. Rotfleish, Toronto Business Lawyer, Toronto Tax Lawyer
2. Christopher Hicks, Toronto Criminal Lawyer, exclusively Criminal
3. J. Gardner Hodder, Toronto Business Lawyer, Toronto Civil Litigation Lawyer
4. Irving A. Solnik, Toronto Family Lawyer, Toronto Civil Litigation Lawyer, Toronto Lawyers
5. Daniel Brown, Toronto Criminal Lawyer

We will update this Lawyer List again next Monday on our “Most Viewed Lawyers in Canada”

A phrase coined by New York Times writer, John Swartz seems dead on. In his piece on the growing problem of jurors using internet-capable cell phones to and post updates about the trial, it appears that technology will be a new headache for litigators.

Facebook updates and ‘twits’ during the trial are a couple of the problems arising. According to Canadian law, “no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires or considers its verdict.” Jurors that post updates or twits are screwing things up.

In one case, a juror who posted Twitter updates is the defendant’s grounds for appeal. The controversy over the juror’s messages which included, “Oh and nobody buy Stoam. Its bad mojo and they’ll probably cease to exist, now that their wallet is 12m lighter.” Stoam Holdings, the company involved in that trial is asking the judge to overturn the 12 million dollar ruling. In his defense, Mr. Powell (the juror) states that he waited until everything was said and done before referring to the case. “I was done when I mentioned the trial at all,” he said. “They’re welcome to pull my phone records.”

The bigger problem tends to be with jurors doing research on the case. Recently, another juror alerted a Florida judge to a juror’s e-indiscretions. The judge proceeded to interview the rest of the jury and found that eight other members had also looked things up online. After eight weeks of litigation, the judge decided to declare a mistrial.

Although the skeptical mind seeks answers and the evidence at hand may not be all that satisfying, when it comes down to it, the law is the law and not allowing the defendant (or prosecution) their ‘day in court’ by furtively searching the internet seems rather unethical.

More case information on Toronto Lawyers, Vancouver Lawyers and Local Lawyers, visit http://www.lawyerahead.ca/

Every organ in the body is encapsulated by a membrane, the mesothelium. The purpose of this membrane is to allow our organs to move without too much rubbing against other organs or muscles. The mesothelium secretes a slick mucus from a thin layer of cells. The lubrication is particularly important surrounding the lungs, which otherwise would rub painfully against the chest wall as we breathe in and out.

A mesothelioma is a cancerous growth in this membrane. It’s a particularly aggressive and painful form of cancer, especially when it occurs between the lungs and the rib cage. The first symptoms may only appear after the disease has progressed significantly, and include fluid buildup between the lungs and chest wall, painful breathing or shortness of breath (from pressure on the lungs), fatigue, and chronic cough (perhaps with blood). If the lining of the abdomen or organs besides the lungs are the first affected, symptoms are often masked until the disease is advanced and usually show up as diffuse pain.

3 views of mesothelioma

Mesothelioma of the lungs can sometimes be spotted as a thickening of the lung lining on x-ray, and then a biopsy is performed to clarify the diagnosis. A history of exposure to asbestos is a strong indicator.

Asbestos is a fibrous mineral, valued for it’s ability to withstand high heat. For this reason, it was used extensively in applications where insulation or protection from heat was important. Brake linings, fireproof house shingles, even, for a short time, cigarette filters – all used asbestos. It also occurs naturally in many areas of the world. Once the dangers of asbestos exposure were understood (the strong link to mesothelioma) manufacturers looked and found safer alternatives.

Unfortunately, for many people who were exposed, the damage has already been done. Symptoms can take decades to appear and mesothelioma is still with us. Anyone who worked or was around asbestos fibers who becomes symptomatic is a possible patient.

Because of the well documented cause and effect relationship, a diagnosis of mesothelioma is grounds for a lawsuit against the manufacturer or supplier of asbestos. As recently as March, 2009 a jury awarded the widow of a US Navy firefighter (exposed to asbestos some 30 years ago) 2.6 million (full story). Many companies continued to manufacture asbestos related products even after the risks were known.

Although the overall incidence of mesothelioma is rare (between 7 and 40 in 100,000,000 for industrialized countries) it still occurs frequently enough for it to be an active area of negligence law.  Find a Lawyer for Mesothelioma & Asbestos. 

Toronto Lawyers, Vancouver Lawyers or a local Lawyer for your legal needs @ lawyerahead.ca

Chris Bosh, Toronto’s favourite basketball icon and a 4 time all-star has gotten much media attention recently in Toronto over his child support lawsuit filed by his former live-in girlfriend and now mother of his daughter.  According to the lawsuit filed by Allison Mathis, Raptor’s star dumped her after his return from the Olympics game.  The lawsuit claims that not only did he no longer supported her financially, he also attempted to remove her from his 1.6 million dollar Texas home.

Allison Mathis at that time did not have a job and as a result was forced to move in with her mother.  After 3 weeks of since their daughter was born, she certainly didn’t waste tiem to file her lawsuit.  She is now on record demanding support for herself and her new born.
Chris Bosh makes 14.4 million usd as it stands.  One can expect the child support payment to be a not so regular child support an average income maker would pay. 

In Chris Bosh’s defense, his lawyer claims Bosh began legal proceedings to support his daughter finincially and gain child visitation rights well before Allison’s lawsuit.

We will just have to see how this plays out and most importantly we will have to wait and see if he is able to settle out of court or if lengthy legal proceedings are required.

The leasing process begins by signing an “offer to lease”. These contain the fundamental terminology featured in the full lease. Negotiating the conditions included in the lease is usually done at this stage. Whatever conditions and penalties for breaking the lease should be included.

Unlike residential leases, commercial leases are less regulated. Here are some of the basic concepts included in most commercial leases.

The contract contains the length, location, and cost of the lease. These are pretty basic and should be expected. It is more of a formality to define what exactly the tenant is renting, for how long they are renting it, and how much they will pay the property owner for usage. Payments may be in lump sum form or differentiate between utilities, taxes and other costs.

Leasing contracts specify insurance and physical obligations of the tenant. Some proprietors may require the tenant to insure the space for the duration of the lease. They may opt to specify what can and cannot be done by the tenant to maintain solidarity for their policy as well. As far as physical obligation, this section goes further to limit what tenants can and cannot do to the property. It could be written, for instance that a tenant agrees to complete the space’s transformation from a massage parlor into an art gallery. Or, it may specify that at no time during the lease the tenant install a horse stable. These clauses tend to be rather open-ended to that effect.

Contracts spell out the attornment, non-disturbance and subordination rights of the tenant. This is about when the tenants rights are ‘subordinate’ or subject to the rights of a landlord’s creditors and when the tenant’s rights are senior. These offer assurance to a lender that the tenant will continue being the tenant under the new landlord or will ‘attorn to the lender’ if, in fact, they foreclose on the property. The non-disturbance portion preserves the tenant’s rights to the building even if the property owner defaults on their mortgage and the creditor forecloses.

Lastly, the lease contains provisions for default and special rights. Default clauses lay out what recompense the landlord is due if the tenant defaults. The special rights clause detail what rights the tenant has in regards to expanding, lease renewal & termination, and any incentives the property owner offers for entering into the lease.

After negotiating, the final lease is drawn up and signed.

This whole process is intricate and being cautious is wise. To avoid future regrets, it is best to get help from a lawyer. An experienced real-estate attorney, well versed in local and provincial laws can lead you through the process, circumnavigating the many pitfalls and risks.  To find Toronto Lawyers, Vancouver Lawyers and Lawyers, use Lawyerahead.ca.

People work hard to build wealth. Safeguarding one’s nest egg against potential creditors or divorce proceedings are examples of why many choose to protect their assets. Asset protection allows one to diminish the affects of liabilities (that may be necessary for business) from one’s own stake. Although the concept of protecting assets invokes notions of Swiss bank accounts and crime bosses, asset protection is both legitimate and perdurable.

Many types of asset protection exist and each entails their own sense of risk. Putting assets in a spouse’s name, for example, imposes asset limits and may inevitably backfire during a divorce. Another form, trusts, offers assurances against this, but is more costly and requires one to relinquish an amount of legal control over the assets.

With that in mind, here are some ideas for protecting assets.

Incorporation offers some definite benefits. Corporate liabilities are limited to the business itself and allow one to avoid unnecessary credit burdens. Incorporating provides added protection from liabilities that pertain solely to the business and protects the business owners’ assets from any creditors if the business goes under.

Creating a holding company for assets like real estate and equipment company is another way to protect assets. During worst case scenarios, creating these separate entities can limit the negative impact induced by liabilities.

Utilizing a holding company to house accumulated earnings via tax-free inter-corporate dividends is yet another means. This protects the monies from creditors and gives business owners a malleable timeframe to collect it as income. These funds may also be loaned back to the parent company if necessary.

“Equity strips” is another avenue one might consider. This refers to “stripping” the company of its assets and surfeiting it with debt. This can be done on a smaller scale with a mortgage. For example, if your house is worth a million dollars and your location has homeowners provisions capped to $100,000. Never paying down your mortgage to where there is more than $100,000 in equity would benefit you and be equity stripping.

Trusts are another way to shield assets. During the creation phase there are few things to consider, one being if the trust should be on or offshore. Canada and the United States have reputations for being sympathetic to creditors whereas other countries have provisions that limit the window of opportunity creditors have to make a claim against a trust. The variance of foreign laws regarding trust creation makes it vital that one involves their lawyer and accountant in the process.  Consult Lawyers and Attorneys for protecting your assets. 

The Best Free Way To Find Local Lawyers, Toronto Lawyers and Vancouver Lawyers is by using Lawyer Ahead.

Most Viewed Lawyers for the week ending March 20, 2009

1. John Syrtash, Toronto Family Lawyer
2. Brian Galbriath, Barrie Family Lawyer
3. Joel L. Cohen, Ottawa Family Lawyer
4. Chistopher Hicks, Toronto Criminal Lawyer
5. Dante Capannelli, Toronto Business Lawyer

We will update this list again next Monday on our “Most Viewed Lawyers in Canada”

Amidst the economic downturn, many lawyers are finding themselves out of a job. Although many lucrative positions at large firms are gone, many are finding this as an opportunity to do work they are more passionate about.

Dave Dineen is one of these lawyers. After graduating in 2004 from Boston University School of Law, he began his career at the prestigious Massachusetts law firm, Foley Hoag LLP. Instead of trying for another corporate job, Dineen chose instead to work for Greater Boston Legal Services (GBLS), an organization which provides free legal assistance (civil only) to low‑income people- a job that pays a quarter of his former salary.

“This gave me a chance to do something different with my legal career, and help out people who generally don’t have access to public service,” said Dineen, whose position now focuses on helping people in foreclosure proceedings.

“There is a once-in-a-lifetime opportunity coming out of a difficult situation,” Esther Lardent, president of the Pro Bono Institute in Washington D.C. contends. She is currently involved in creating a project focused on placing jobless lawyers in public interest firms.

Over two thousand attorneys have been laid off in 2009 already. More than double the amount let go last year. Some firms that are struggling to stay afloat as it is have cancelled internship programs, affecting many.

This is a breath of fresh air for public interest firms. The state budget cuts and low donation levels may require them to make staff cuts, but with a willing-to-work-for-any-amount pool of overqualified candidates, it is an employer’s market.

Another benefit coming from all the lay offs is the streamlining of previously clunky firms towards maximum efficiency and the creation of web-based firms. Virtual Law, a sleek web-based firm which does business mainly over the phone, internet and through video conferencing, reports that they have been adding three partners per month. A partner at Virtual Law, Geoff Willard states, “When you tell people, ‘I’m going to drop my rates 25 percent,’ it’s a pretty easy decision for them to hire you.”

Geoff left his remunerative partnership at JLA Piper, because, as he puts it, “[I] was fed up with the traditional business model that required it to annually increase rates and billable hours to finance ballooning profits and overhead.”

Despite layoffs and an overall decrease in corporate litigation due to cutbacks, there is still hope for lawyers. Virtual firms and public service may not be as lucrative, but they can be as or more fulfilling.

For more information on Lawyer, Law Firms, Vancouver Lawyers, and Toronto Lawyers visit www.lawyerahead.ca/