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Can You Hold a Broker Liable for Your Losses?

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

People who invest their hard-earned money do so for various reasons. Some want to protect their financial future, especially after they retire, some want to make a major purchase, like a home, some need to prepare for their children’s educational opportunities, while some others do it just for the fun of making profits. Whatever the reason is, all investors have only one goal – make money, not lose it. But what if, rather than making money, investors actually lose everything or a huge amount of their investment? Can they blame anyone for their loss, their financial advisor or broker, for instance, in order to recover those losses?

Financial advisors and stockbrokers and are held to a high degree of care in their dealings with the clients or investors they serve. Because these people look to their financial professionals for advice on how they can reach their goals, they, therefore, trust their financial professionals to give them the right recommendations. When brokers or advisors fail to meet the standard of care, however, and cause investors to lose money due to bad advice, an action for negligence or breach of fiduciary duty may be appropriate.

Considering financial advisors’ and stockbrokers’ legal duty towards their clients, the answer to the question above is, therefore, a “yes.” Yes, but only if their financial losses are the result of wrongful or negligent acts by their financial advisor, broker or an investment firm. This means that any unethical, negligent or fraudulent act their trusted advisor commits can be ground for them to pursue damages through a lawsuit or through Financial Industry Regulatory Authority, Inc. (FINRA) arbitration. (FINRA is a private corporation that operates the largest securities dispute resolution forum in the United States, and has extensive experience in providing a fair, efficient and effective venue to handle a securities-related dispute.)

Before filing a lawsuit against a broker, a financial advisor, or the firm for which this broker or advisor works, an investor may first need to review the contract he/she signed with the investment firm when he/she first became a client. This is because most investment firms mandate that, in the event of losses due to any form of wrongful acts, then damages may only be sought through arbitration. If this is what the signed contract says, then what must be filed is a Statement of Claim in arbitration rather than a lawsuit.

It is pointed out by Erez Law that broker negligence has many types, including: breach of fiduciary duty; failure to diversify; failure to supervise; Ponzi schemes; suitability claims (which is one of the most common claims of broker negligence. It refers to a broker mishandling a client’s money by purchasing securities that were unsuitable for the client’s portfolio and investment goals); and, churning (the act of making an excessive number of transactions so the broker earns more money on commissions).

In the event that a financial advisor fails to meet the appropriate standards of care resulting in significant financial losses, it would be a wise decision to talk to an attorney immediately to determine if you may be eligible to make a financial recovery.

Self-Storage: Extra Space Where You can Safely Store Your Stuff

Posted by on Feb 26, 2017 in Storage | 0 comments

In 2010, two new television programs that featured storage auctions were released: Auction Hunters and Storage Wars. Three other programs, which also featured the popularity of storage auctions aired soon after: Storage Wars: New York; Storage Wars: Texas; and, Storage Hunters. Though the programs centered on storage auctions, a more basic fact was implied – the popularity of self-storage or mini storage among Americans.

Self-storage, which is a shorthand form for self-service storage, is one of the flourishing industries in the U.S. It involves the renting out or storage spaces, like rooms, containers, outdoor spaces or lockers, to individuals or businesses. Duration of rent can be short-term, like a month long, or long-term.

About 58,000 self-storage facilities were made available in 2010 to anyone who needed extra space. A self-storage gave individuals and families an extra space where they could keep things that they have outgrown but cannot part with; for firms, it was an additional safe shelter for temporarily unused office equipment or for whatever purpose they would need extra space.

Self-storage facilities began in Fort Lauderdale, Florida in 1958; the business opened next in Texas in the late 1960s. From 2000 to 2005, more than 3,000 new facilities were made available in the U.S. every year. The need for self-storage space can be based on three things: American consumerism; American mobility; and, according to some property analysts, older houses, which were built with smaller closets and rooms.

During the holidays, people love to fill up their home with new things, such as new furniture. Purchase of new things, however, meant need for space. With no extra room in the house, old stuffs had to be removed for new ones. Re-placement, though, does not necessarily mean throwing out the old things, which many people are not prepared to part with; thus, the need for self-storage or extra spaces, where people can keep some of their household items safely.

Self-storage are in demand typically during summer, the time when relocating to a new house is at its peak and, if the new residence cannot house all of one’s belongings, things of secondary importance are rather kept in a self-storage.

Aside from the smaller houses, there is also the case of the totally new house design: houses with no basement and/or attic. Though American houses have gotten much bigger from 2004 onwards, those built in temperate states, like California, Florida and Texas (the three states that also happen to have the most self-storage facilities), were designed as ranches or bungalows. These did not have a basement or an attic where old stuff can be kept.

Those in the self-storage industry say that one in every ten U.S. households is renting a self-storage unit. Though self-storage units guarantee safe storage of belongings, not all facilities offer the same features. Some, like the storage units at Ben White Mini Storage are more spacious, allow drive up access, fence protection, resident managers, personal access codes, have remote cameras, and climate controlled units wherein items can be kept totally safe from the weather regardless of how hot or cold the weather is.

How Serious are Head-on Collision Accidents?

Posted by on Oct 21, 2016 in Car Accidents | 0 comments

The National Highway Traffic Safety Administration (NHTSA) says that head-on collisions are among the most dangerous types of auto accidents. Its usual results include life-altering injuries and wrongful death.

Driver error is the major cause of car accidents, especially, head-on collisions. causes of this type of accident include: inattention or driving while distracted; a driver drifting into oncoming traffic; making a dangerous passing maneuver; a driver who, knowingly or unknowingly, drives the wrong way on a highway or residential road; driving at excessive speed; driving while intoxicated; or, falling asleep at the wheel. These, as well as many other possible causes of head-on collisions, are often due to negligence or reckless road behavior, which can easily be prevented.

Though only about 2% of the more than five million motor vehicle crashes in the U.S. annually may be accounted to head-on collisions, this, however, results to more than 10% of the 32,000+ driving fatalities. Non-fatal head-on collision accidents can most likely result to severe injuries, like spinal cord injuries, brain injuries, broken bones, and paralysis, among others.

The awareness of many drivers about the possible severe consequences of head-on collisions is one of the major reasons why they never want to get involved in this type of car crash. A number of local governments, on their part, have installed stretches of steel wire cable in large highways to keep head-on collisions from ever occurring at freeway speeds.

A driver, whose negligence or recklessness causes a head-on collision accident, should be held liable for the consequences of his/her carelessness. However, one major concern regarding this type of accident is the difficulty in determining who is at fault in the accident since the impact can send both vehicles in positions different than during the time of impact. It would usually necessitate an accident reconstruction specialist in order to determine who was at fault based on the skid marks on the road.

Car accident law firms, like the Karlin, Fleisher & Falkenberg, LLC, for instance, agree that the challenge in determining fault and in claiming compensation during litigation (if ever a lawsuit is filed) plus the need to deal with your car insurance provider are the reasons why it may be necessary to have a highly-competent car accident lawyer fighting for your defense and your rights.

Guidelines For Finding Car Insurance With Bad Credit

Posted by on Jun 20, 2016 in Car Insurance | 0 comments

So you have bad credit? But that does not have to stop you from getting car insurance. With a little investigation, you can still find companies that will offer an insurance policy even if you have poor credit rating. According to the website of Habush Habush & Rottier S.C. ®, there may be more options available to you than what you initially thought.
Having bad credit score is one of the primary reasons that you may not be able to get a low insurance rate. The good news is that there are plenty of ways you can work around having bad credit and still qualify for car insurance. Here we will give you some tips on how to get car insurance even with a bad credit.

1. Look for discounts
If you are in luck, there are insurance carriers that offer a wide range of discounts to bad credit drivers. Check if you are eligible for a discounted car insurance package. If you have maintained a good driving record despite your bad credit, you might be able to avail of a discount for lower premiums.

2. Choose a higher deductible
Another way you can avail of car insurance even with a bad credit is to increase your deductible. The only downside is that you must be willing to shell out money from your pocket in case of an accident.

3. Get only what you need
Some insurance companies offer coverage that you might not need. Liability coverage is required in most states so you cannot do away with it. You may drop collision or comprehensive coverage from your policy.
Car insurance is a necessity in the United States and not having one is against the law. Don’t let your bad credit stop you from availing of car insurance. All it takes is a little bit of creativity on your part.

Carrying Car Liability Insurance or the Financial Responsibility Law: A Mandate in 48 States

Posted by on Feb 5, 2016 in Car Insurance | 0 comments

If ever a driver gets caught without car liability insurance, except in the states of New Hampshire and Virginia, one of the punishments he or she may face is suspension of his or her driving privileges and, in order to have these privileges reinstated, he or she will have to carry an SR-22 filing which is required by a court. An SR-22 is a certification that a driver’s car insurance provider would send his or her state’s Department of Motor Vehicles (DMV) to prove that he or she is already insured; it is required of drivers cited for driving without insurance or those whose license has been revoked or suspended.

In 48 US states, carrying car liability insurance, otherwise known as the financial responsibility law, is a mandate. Financial responsibility, when talking about car insurance, refers to money a driver is obligated to pay a person whose property has been damaged or who has been injured in an accident wherein said driver is at fault.

Proving financial responsibility can be done through carrying car insurance or through any means that is approved by the state, such as: filing a government bond; keeping cash deposit; or, posting a surety bond. The need to prove financial responsibility becomes necessary if a traffic enforcer stops you and asks for your car insurance, when you register your car or renew your driver’s license, or if you get involved in a traffic accident.

Despite being a mandate, however, many drivers, according to the Insurance Research Council, continue to drive without carrying auto liability coverage. This is because many drivers say that insurance coverage is simply expensive. Well, this is a sad truth, especially since many car insurance providers find all means possible to increase premium payments by looking at a driver’s age, driving experience, driving history, and the type of car that he or she drives.

According to Milwaukee, WI car accident lawyers, however, proving financial responsibility is a mandate, thus, violating it can only result to punishments and regret. The best recourse for drivers, therefore, is to get an insurance quote online for the best, yet totally affordable car coverage.

Understanding Cruise Ship Excursions

Posted by on Nov 10, 2015 in Injuries from Cruise Ship Excursions | 0 comments

Plenty of individuals consider going on a cruise as the perfect strategy to vacation and encounter numerous locations. While enjoying the relaxation given by attractions and the many comforts available onboard while on a cruise ship, you can make their trip to the destination. As they might their means from one stop to the next vacationers may also enjoy the breathtaking see given by the open-sea. It comes as no surprise that cruise liners are appreciated by travelers of ages.

The encounter becomes even more pleasurable once their destination is reached by cruise ship travelers and get involved on other inland and trips actions. Several cruise lines provide their people together with the choice to participate in a variety of activities they are able to enjoy while the boat is docked in a place that is given. Travelers may try snorkeling, scuba, sailing, and kayaking, along with trekking and horse riding. Some ships provide the ability to eco-cultural tours.

Regrettably, specific incidents that may take place in these cruise ship excursions may set of passengers at risk. As mentioned on the website of the cruise ship lawyers of The Vucci Law Group, P.A., there were plenty of cases when outings and inland actions end in accidents triggered by specific risks and mistakes. In some instances, these accidents are serious enough to trigger harms.

The following are just common examples of trip risks and mishaps:

  • Dock Accidents – Cruise ships that fail to correctly pier may cause sudden lurching as well as additional unforeseen movements which result in slip and fall injuries.
  • Tender Accidents – Travelers are transported through small boats called tenders in the ship to the coast, before going on excursions. Mishaps may occur while folks are boarding and disembarking this car, also as in case the tender has been controlled by way of a dangerous driver.
  • Motor Vehicle Injuries – While about the trips itself, passengers are carried in autos that could be vulnerable to collisions from different places.
    Defective Equipment Injuries – Malfunctioning products and faulty tools may also make trip activities especially harmful for people.

Lawsuits and Car Accidents

Posted by on Nov 9, 2015 in Personal Injury | 0 comments

Motor vehicle collisions are regrettably a typical happening in our roads and highways. Although we do our best to avoid injuries and maintain ourselves and loved ones safe, there are numerous additional motorists with aggression and reckless driving behaviors that could endanger people and additional motorists. Negligent or deliberately dangerous driving behaviors that lead to injuries and accidents can be taken to court. Personal injury litigations in addition to additional legal charges can be considered contrary to the motorist at fault, and they’ll be asked to provide reparation for each of the damages brought on by the accident, whether they’re from lost wages, medical bills, and other harms.

Because there are many concerns that should be answered and issues to take care of being wrapped up in an auto crash may be both confusing and terrifying. Insurance protection together with vehicle accidents can differ from state to state, therefore selecting an attorney who understands and knows the laws affecting these can make personal injury lawsuits run more smoothly.

Alternatively, filing a claim would simply take a long time and a claim against an underinsured motorist may call for more effort. This is because some injuries may take a while to learn the extent of treatment and drug; once your attorney and you have confirmed the extent of injuries and damages is more compared to additional driver’s liability coverage, then it would be secure to inform your insurer about filing for an under-insured state.

For your personal insurance provider regarding the vehicle accident you’ve been involved, a notice should be given by you along with your lawyer’s aid with, and also this letter of notice should inform your insurer of your intention to apply for a claim that is uninsured. It is vital that you just deliver this notice immediately since several insurance providers have strict deadlines regarding filing for uninsured statements. If the individual doesn’t provide any info on her or his insurance, or at fault will not have insurance, or you might have difficulties getting insurance advice in any manner possible, then it would not be inadvisable to publish a notice to your insurance carrier regarding the filing of an uninsured claim.

The website of the Chris Mayo Law Firm states that the insurance provider generally gives the settlement that the at-fault motorist is in agreement with when an injury suit is filed against an individual responsible for the mishap. The insurance company will be the one that will pay for all the damages listed in the charge, particularly if the person at fault has a coverage that is comprehensive. However, there are times where the person who was responsible for the accident is either uninsured or underinsured when acquiring compensation and this poses issues.

The procedure for filing for an underinsured or uninsured car accident state is just about the same as filing for absolutely any injury claim. Nevertheless rather than filing against one other driver’s insurance firm, they will be filing against your personal insurance provider. Tests, a disclosure of investigation, evidence and medical records, and experience reviews and recommendations will soon be done, but what every motorist should remember is the fact that when a resolution isn’t reached or decided, you’ve got no power to prosecute the insurer.

Truck Accidents in Florida

Posted by on Nov 8, 2015 in Personal Injury | 0 comments

You may find it unnerving to be traveling alongside those highway 18 wheeler trucks, but the fact is your next dinner might be on one of the tractor-trailers or 18 wheelers. That is simply the way it works in the America.

The transportation industry is the biggest contributor to the distribution of products in the USA. Land transport is the best way to move items from one end of the united states to another since it is essentially a land-locked country with among the very best interstate freeway systems in the world. Now, the trucking industry predominates commercial transportation, clocking in an incredible 83.7% of the gross sales.

On the other hand, the probability of 18-wheeler accidents and also other vehicle-associated adverse events rise increase traveled and as the number of those vehicles on the highway. Statistically, the hazards of being in a truck accident in the United States are at 0.136 per 100-million vehicle miles traveled (VMT) and large vans in the United States usually travel 3 billion VMT every year.

These goods comprise not only energy for the automobile, machines for the workplace, but also food. Businesses in the United States of America would literally grind to a halt without these heavy and light vehicle transportation vehicles. So the very next time you note how many of the products and produce and go grocery shopping, look around you have at your fingertips should have been thousands of miles away only times before. Chances are, thousands of miles are in most.

This has special essential for states having the most quantity of big-rig registrations in the United States of America and topping the list is Florida. There are 888,536 large trucks registered and about 9% the total number of heavy truck filed in the U.S.

According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., such injuries due to carelessness can have costly consequences to an injured casualty.

Understanding a Transvaginal Mesh Implant

Posted by on Nov 7, 2015 in Vaginal Mesh Lawsuits | 0 comments

Thanks to the technological progress made within the field of medicine, patients now have use of several treatments that would have been unavailable to them within the past couple of decades. One alternative is using a transvaginal mesh to reinforce the tissue’s flexibility in the vaginal wall.

By way of a surgery, individuals could be planted with this particular area that was unique to help in keeping the organs in the lower abdomen in place. The capability can impact to offer assistance for organs such as kidney and bladder.

A transvaginal mesh’s use may supply a lot of help to someone who s suffering from symptoms of illnesses like pelvic organ prolapse (POP) and stress urinary incontinence (SUI). Still, it is not possible to ignore how the medical-device in the issue also can result in a number of signs that are frightening which may make a patient’s enduring sustained. As it’s, it is not unclear that there is nevertheless plenty of room for advancement before individuals may fully reap the benefits of the mentioned apparatus.

According to www.williamskherkher.com/practice-areas/defective-pharmaceuticals/vaginal-mesh-lawsuit/, new developments reveal that specific problems might immediately eclipse the advantages given with a transvaginal mesh implant. Recently, scientists have discovered that a transvaginal mesh’s employment can cause a lot of severe negative results like urinary maintenance and fistulas. The truth is, a declaration was released by the FDA via the middle for Devices and Radiological Health directing to these very worries in 2011. According to their own investigation, there appears to be “clear dangers related to the transvaginal placement of net to treat POP.” A current vaginal net suit produced against manufacturing company Endo wellness Alternative that finished in funds of $55 thousand that was as much as.

Getting a transvaginal mesh involves an operation where the individual will have artificial medical area and a permeable planted into the lower stomach. That is usually considered a reduced-risk operation while offering an excellent choice for girls who wouldn’t need to get a hysterectomy and additional processes that were likewise unpleasant.

Injuries on the Job

Posted by on Nov 6, 2015 in Workers' Compensation | 0 comments

Based on the internet site of Wilson & McQueen, PLLC, companies are liable for preserving secure and purposeful work environments for their workers. The need for this obligation increases exponentially when the work assumptions require specialized’s usage, possibly hazardous, machinery. Companies that usually handle machinery that is specialized are building companies, oil companies, and transport companies. These commercial habitats require that employees display a superb understanding of special machinery and stick to security method when handling equipment.

The Occupational Safety Health Association (OSHA), a department of the U.S. Department of Labor, advocates for workers health and safety. Some criteria that protect employees while in the office who experience injury, like back and brain trauma or amputation, have been handed by OSHA. OSHA informs employers to protect the workplace, besides supporting workers that experience harm. Care of structural maintenance, equipment, and dangerous compound storage are all precautions that companies should be sure so that you can protect the firm as well as workers, to make. Commercial workplaces are inspected by OSHA so that you can discover changes that companies must make so that you can produce environments that are safer.

Yet, occasionally due to neglect or in efforts to save money, employers do not maintain secure operating conditions. This could depart a faulty device exceptionally susceptible if they are controlling or working to volatile substances in close proximity. When a Florida employee lost his arm at the shoulder and was trapped in a device, OSHA inspected the business grounds and managed 14 breaches to the business. In the case of a devastating workplace injury, from the employer, the victim is entitled to financial compensation like an amputation. As well as money lost from missing work and clinic costs, a serious injury compromises the quality of the workers job prospects that are wounded.