Posts by Al

Oil and Gas Could Lead to Property Issues

Posted by on Nov 29, 2017 in Oil and Gas Disputes | 0 comments

The oil and gas industries are booming in Texas right now. As the country moves away from coal, oil and gas have remained steady choices for the country’s energy needs. With oil prices likely to go up in the near future, this could lead to a lot of positives for the state of Texas and for the country, but it could also have some negative consequences for professional arborists. Among those would be an increase in oil and gas property disputes. As natural gas, in particular, becomes America’s go-to energy source, the search for new fields to explore will lead to a rise in prices. As prices rise, the amount due to the initial landowners is likely to rise as well. This could lead to more land being bought up early for speculation or for massive bidding wars when gas or oil is discovered. With so much money on the table, and with a sense that the economy, though strong, is fragile, it’s likely more people will try to contest the rights of ownership for different pieces of land. Whether this contesting is done by individuals or by corporations, it’s impossible to know, but the likelihood of disputes is high regardless of who is involved. While this is a small concern compared to the overall positive energy situation for Texas, it’s still worth the state taking seriously. A rise in lawsuits could clog up the courts while there’s always the possibility of the situation turning violent should the courts be unable to properly resolve issues in a timely manner. Texas remains the center of the American energy industry. With a new oil boom in West Texas and so much natural gas that there’s now a glut of it, leading to the industry capping some wells, everything is looking quite positive going forward over the short term. However, as the glut subsides and as the oil tries up in the known areas in West Texas, there could be increased demand for land to explore. Making a point of focusing on property rights now and dealing with disputes before more speculation takes place in the coming years. Encouraging disputers to come forward early can help avoid more serious issues later. Passing new legislation to help negotiate property disputes more easily might also help alleviate the issue. Texas should be ecstatic with its natural gas fortunes, as well as the continuing strength of oil. With both energy sources remaining (and likely to remain) the main means of powering the country for a long time to come, there are few negatives ahead for the state. One of those few negatives, though, is property disputes. Taking the right steps now will help keep the industry going without a blip going forward.

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What Happens When Your Disability Claim is Denied?

Posted by on Nov 16, 2017 in Disability | 0 comments

It’s a nightmare scenario that too many workers actually have to face. They’ve been injured at work, they need time off to recover and they need someone to cover the medical bills. They think they’re covered by workers’ compensation only to find out…they’ve been rejected.

It’s a desperate situation to be in when someone is already injured and has to deal with the stress and fears that come from uncertainty over their finances.

What are they supposed to do?

First things first, it’s probably time to call a lawyer. If it’s possible to afford one, a lawyer is the best bet to get out of this situation. Think of the money that will be gained from getting your claim approved. It’s far more than the cost of a lawyer.

Whether you go with a lawyer or not, don’t panic if you are rejected. There are still a few things you can do to end up getting compensated the way you deserve to be.

I found some excellent tips on the Robert Wilson & Associates site, and I recommend even after those tips are pointed out here, that you do some research on legal sites, again, whether you decide to use a lawyer or not.

So, the lawyers of Robert Wilson say that the three things you need to do after you receive a rejection are:

Evaluate your claim and determine why it was denied

This is the toughest step, especially if you try to do it without a lawyer. What you can do is go over the whole application from top to bottom and see where there could be any errors. Without more guidance, it’s a matter of reworking the whole application to make sure everything is as thorough as possible and there are no inconsistencies. Again, this is much more easily done with a lawyer.

Collect missing or incomplete information

Once mistakes or missing information has been found, your job is to fix those issues. Whether it’s the need to provide more evidence from a doctor or more evidence from those who witnessed the accident, be sure to put everything down. The more thorough you are, the better chance you have of getting accepted the second time around. It’s better to provide too much evidence than not enough. And remember, everything must be completely consistent.

Appeal

Submit your new application for appeal.

Hopefully, with a more thorough and careful effort on the appeal, you will get approved. I would like to stress, though, that getting a lawyer will significantly raise your odds, and since you are already in the appeal process, it’s really best to avoid taking risks.

Look around your area for lawyers and find out who is most affordable while still being considered reliable. The amount you’d pay would be a small fraction of what would come in lost wages and covered medical expenses.

Regardless, I wish you luck if you end up in this position. No one should have to suffer and stress over these issues if they were injured at work. I hope everyone reading this gets covered.

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The Problem with Distracted Driving

Posted by on Sep 24, 2017 in Car Accidents | 0 comments

In today’s age, there are many reasons for car accidents. With a lot of efforts placed on the awareness and education of driving under the influence, which is still a huge problem, this is not the biggest problem. The number one cause of car accidents is distracted driving. The term “distracted driving” is a broad term that incorporates driving while doing just about anything on a cell phone or mobile device. In a recent study from Cambridge Mobile Telematics, distracted driving was shown to be the leading cause of car crashes.

According to the study, out of all the recorded drives that ended in a crash, 52% of those trips were due to distracted driving. These distractions are also not just quick glances at the drivers’ cell phones; the average distraction lasts 135 seconds. Not to mention that while these long distractions are taking place, 29% of the distracted drivers were exceeding 56 miles per hour. Driving at these speeds while distracted for on average 135 seconds, is clearly a recipe for disaster.

Since 2015, the fatalities on the road rose by 14%, which is exponential compared to previous years, and directly correlated to the increase in popularity in smartphones. Irony also plays a role in this dramatic increase, because smartphones are also the solution to this problem. Smartphones are what allow this data to be tracked, and the sending out of information regarding awareness and education to take place so easily. Because the solution is part of the problem and progress seems obsolete at the moment, it is important to know what your next steps are if you or someone you know gets in a car accident.

According to Williams Kherkher and their list of frequently asked questions, the most common question a client asks is, “I was hurt in a serious crash. What do I do?” This confusion is highly likely when it comes someone who has just been in a car crash. Instead of expecting every civilian to understand and memorize the laws involved in the crash and what you can get from it, there are experienced lawyers who can answer all your questions. Insurance companies will offer their clients settlements to try to avoid a lawsuit, and only professional lawyers will have the knowledge and experience to make an informed decision on whether or not to settle.

There are many things to determine after a car accident takes place. First being who is at fault, and from there the lawyer can determine what compensation you deserve. You need to find a lawyer you can trust. Therefore you can fully put your faith in them that you are truly being treated fairly by the court of law. It is very common for people to settle for less than they deserve because they did not seek proper legal assistance. Don’t let this happen to you or a loved one, and get the proper legal care you need.

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Legal Contracts, The World of Business, and Labor Laws

Posted by on Sep 1, 2017 in Business Law | 0 comments

In today’s world, economic potential is the guiding force in all business decisions. Our society operates on money that is generated by trade and providing services. Corporate interests have abused their power resulting in the inconsistencies of their business practices. Many companies have very skilled lawyers who often compose dense legal documents that protect their interests more than the benefit of the client. Loopholes and other hidden agendas in legal documents can create mass confusion and in many cases can potentially ruin a new business before it begins to thrive.

The application of a legal contract in the business world is widespread. At every level of employment, citizens may be asked to sign a contract that binds them to terms described in the document. Many employers use contracts to release liability from the company for any injuries or other circumstances that come about from violation. These materials can come in many forms and have a range of applications in the business sector, private sector, and education sector. Agreeing to waive rights to wages or services is one of the main ways that companies can mistreat their employees. The documents often contain dense formulations of language to disguise their intent. Language is peculiar in that there are multiple modes of wording sentences that would leave the reader confused or unaware of their implications. As it pertains to business start-ups or entrepreneurs, these legal documents can cripple the business plans made on behalf of these parties. Because many people in the country depend on the assistance of financial institutions or other lending agencies, it is imperative that they remain cautious and have competent assistance to protect themselves and their businesses.

The United States Department of Labor is a government agency that is responsible for implementing occupational safety standards, wage and hours standards, and providing the public with statistics that give insight into the labor sector in the country. In 2008 the DOL released that they were able to recover more than $1.4 billion of back wages for employees across the nation. These wages were caught up in litigation that

These wages were caught up in litigation that were sometimes brought on by misleading contracts. Damages to the financial security of citizens through the unfair procedures taken by their directing authority cannot continue to happen. This inequality is the result of systematic issues that are responsible for the growing wage gap between populations.  Business owners, regardless of previous expertise in the market, should always be cautious when entering into the conditions of a legally binding agreement. As with any decision they make on behalf of their livelihood their primary concern should be self-preservation.

It is clear that our country’s economy will continue to grow as long as our institutions allow businesses of all varieties to thrive. The deceptive practices that are utilized by fraudulent businessmen are one of the most dangerous plagues to the future success of the U.S. economy, and workers can take action by turning to attorneys experienced in business law to make sure that they are protected against deceitful or dishonest contracts.

 

 

 

 

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Cocaine Possession: A Serious Criminal Offense

Posted by on May 28, 2017 in Criminal Law | 0 comments

The United States is the world’s largest consumer of cocaine, a powerful and highly addictive stimulant. Certain workers and employees use this drug to increase functional activity, to stay productive despite extended hours of work. The younger generation calls it “party drug,” which keeps them awake throughout the party. To many others, cocaine is otherwise called coke, dust, charlie, white dragon, foo-foo, toot, uptown, or snow.

Cocaine is classified by the Controlled Substances Act (CSA) of the United States as a Schedule II drug due to its high possibility for abuse; it can be legally prescribed by doctors, however, but only for medical purposes.

Regardless of how it will be used, though, cocaine remains to be illegal and whoever will be caught manufacturing, selling, possessing, using or distributing it, will be met with very harsh punishments. The penalties and fines defined under the United States Code (USC) of Controlled Substances Act for mere possession of cocaine include:

  • first time offenders: up to 12 months imprisonment and a fine of, at least, a $1,000;
  • second time offenders : up to 24 months imprisonment and a fine of, at least, $2,500;
  • third time offenders: up to 36 months imprisonment and a fine of, at least, $5,000

A higher fine and a longer jail term will be given to distributors and sellers of cocaine if any activity involving this drug will be marred by either injury or death.

One major reason why many are drawn to using this drug is the immediate sense of ecstasy it throws a user into. It also makes a user more confident, alert and talkative. This usually gets replaced by depression, anxiety and irritability, however, as the effect of the drug begins to wear off.

The firm Horst Law says that the ramifications of even the lightest cocaine-related charge can be extremely severe. A Class A misdemeanor may only result in a fine or small amount of jail time, but this is not true for felonies. The lowest felony charge, a class E, immediately raises the stakes to several years in prison and hefty fines. Both prosecutors and police, however, frequently seek to make an example out of those charged with a cocaine-related offense. Thus, to avoid being taken advantage of by overly ambitious police and their predatory tactics it may be wise to get in touch with a highly-skilled drug crime defense attorney as soon as you are able to – he/she may just be the key to your acquittal.

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