The Benefits of Selling Your Mineral Rights

Posted by on Jun 26, 2017 in Mineral Rights | 0 comments

Mineral rights, also known as mineral estate, refer to the legal rights of a land owner to sell, lease, bequeath or give as a gift the minerals found on or beneath his or her piece of property.

To a land owner, the decision to either lease or sell his or her mineral rights will need to be considered exhaustively to make sure that he or she will never regret whatever decision he or she makes. For while some caution others never to sell since the amount of profits that they will get through leasing their mineral rights will eventually equal or even exceed the amount offered in a sale, others, rather, decide to sell as the idea of leasing is much riskier than selling.

This is because selling guarantees sure, immediate and substantial cash, which is often more than enough to last the owner and his or her family for many years. It will also save the owner from significant tax increases, which he or she will have to keep paying if the rights were only leased.

Before making an actual decision, though, it is necessary that the land owner understands all the advantages, and possible risks and consequences of selling his or her mineral rights.

An article posted in a website called The Mineral Auction, there are eight steps those who wish to sell their mineral rights ought to observe:

  1. Assess the risks and benefits of selling your specific asset in the current market. Is it a good time to sell? If you wait, will your minerals decrease or increase in value?
  1. Learn about the legal requirements for selling. This step might also involve encountering or generating legal descriptions, leases, and check stubs.
  1. Begin the process of compiling data from Geographic Information Systems (GIS) maps and other relevant databases. You will use this data to frame your mineral rights as particularly desirable to prospective buyers.
  1. Begin the process of advertising to buyers. You will want to reach as many potential purchasers as you possibly can to make sure you find the best price.
  1. Assess offers as they come in. This step can be particularly difficult because many owners are not market specialists and are therefore unable to identify the best offers easily. Is the highest price you have been presented so far the highest you can get? How can you tell if a buyer is credible and trustworthy? Should you keep advertising or move on to the next step?
  1. Once you have settled on an offer, you can draft a Purchase and Sale Agreement (PSA). The PSA legally specifies the terms of the sale.
  1. The buyer will present a deed before closing, another legal document that finalizes the sale.
  1. If all goes well, after both parties have agreed on the PSA and the deed, the buyer will pay you.

Though this process is extremely time-consuming and labor-intensive, it has successfully yielded fantastic selling prices.

 

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Drunk Drivers and Accidents

Posted by on Apr 2, 2017 in Car Accidents | 0 comments

Drunk Drivers and Accidents

Alcohol has a variety of effects to a person. Below are just some of these effects:

  • Compromised body coordination, especially in the head, arms, and legs
  • Compromised comprehension
  • Feelings of fatigue and sleepiness
  • Slow reaction time
  • Vision problems

It is important to prevent drunk driving because its effects can cause accidents. Compromised body coordination can make drivers lose control. Compromised comprehension can make them misunderstand traffic lights and signs. Feelings of fatigue and sleepiness can make them close their eyes or fall asleep on the road. Slow reaction time can be the difference between life and death. Vision problems can result to crashes and collisions.

Below are some of the most common injuries associated with drunk driving accidents:

  • Traumatic head or brain injuries from hitting the head on a hard surface or getting hit by a projectile
  • Neck strains and spinal cord injuries from the sudden back and forth movement from the collision
  • Chest injuries from restraints such as airbags and seatbelts and projectiles such as flying glasses

Still, drunk driving is a common incident. Drivers risk driving while impaired because of several reasons. They may be too complacent that nothing bad is going to happen to them anyway. They may be too confident of their driving skills. They may be forced to drive because nobody else is available to take the wheel. Worst of all, they do not fear getting caught of drunk driving and facing the penalties.

If you have been involved in an accident because of a drunk driver, stay calm, check yourself and your passengers for injuries, and get out of the vehicle to assess the situation. Check the drunk driver, and if he or she is sober enough, get relevant information like name, address, and phone number.

Call the authorities for assistance and explain to them what has happened. Consult an attorney to know your legal options. According to the website of Truslow & Truslow, drunk driving charges can be defended, so expect the drunk driver to get an attorney as well.

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How to Prevent Personal Watercraft Accidents

Posted by on Feb 3, 2017 in Personal Injury | 0 comments

The use of personal watercraft is becoming more and more common, particularly in states such as Florida. It is a nice way to have some fun in the water, but we should also take note that it is also a way to injure yourself and the others around you, especially if you operate the watercraft in a reckless or negligent manner.

According to the website of Bruner Law, personal water craft accidents that involve carelessness and negligence may be subject to personal injury lawsuits. To stay away from the health and financial costs associated with such accidents and lawsuits, it is best to be diligent in operating your personal watercraft.

Don’t drive under the influence
Operating your watercraft while under the influence of alcohol, drugs, or medication is very dangerous because of coordination and comprehension issues. If you are under the influence, you hand-eye-foot coordination is affected, as well as your mind’s perception and overall ability to make proper judgment. Having limited coordination and comprehension skills is a recipe for disaster in the water.

Drive at a safe speed
It is obvious that speed can be a factor in accidents. First, your reaction time to unexpected stimulus will be very short if you are speeding. Second, the speed puts you at risk of losing control or overturning. And third, speed can make the impact on collisions even more devastating.

Be mindful of the others around you
Water is just like the road, in the sense that you are not alone and you should take into consideration of the others around you to avoid unnecessary collisions. There are other boaters, swimmers, surfers, and personal watercraft operators around you. If you are not aware of their position and speed, you may be involved in an accident because of poor judgment.

Consider water and weather conditions
The sea is a powerful force of nature, and underestimating it may have negative consequences. Consider the height of the waves, the overall calmness of the water, the wind, and other factors that may affect your personal watercraft experience. It is best to avoid dangerous conditions than risking your life.

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Why You Should Steer Clear of Teething Tablets

Posted by on Oct 14, 2016 in Hyland's Teething Tablet Lawsuit | 0 comments

Babies start to teeth at around four to six months. When you see your child starting to teeth, you’ll have to contend with her fussiness and discomfort. At this stage of her development, her first set of teeth will be sprouting through her gums, causing it to swell and feel sore. When you see your baby fuss while she’s teething, it’s normal to feel bad and want to help as much as you can. Thankfully, there are many several ways you can help ease your baby’s teething pains.

One of the most popular options for teething discomfort is homeopathic teething tablets. These tablets are small white pills that dissolve on the tongue. They’re made out of herbal ingredients like chamomile and coffea cruda, as well as belladonna. While, for most people, hearing a list of herbal ingredients might seem like a good thing, this isn’t always the case.

Recently, the Food and Drug Administration has released a statement warning parents and caregivers from giving their children Hyland’s homeopathic tablets and other similar products. According to their findings, these alternative remedies have been found to have a link to ten infant deaths from 2010 until the present. The FDA also found 400 more cases of different babies showing serious symptoms after taking the teething tablets. As listed by Williams Kherkher, these symptoms include seizures, difficulty breathing, vomiting, muscle weakness, and agitation.

The FDA is particularly adamant about the safety warning they’ve issued about Hyland’s teething tablets because, back in 2010, inconsistent amounts of belladonna has been found in products after testing. For those unfamiliar with it, belladonna is a plant more commonly known as deadly nightshade. It is highly toxic and is only safe to use in small controlled doses. Unfortunately, because homeopathic remedies aren’t evaluated by the FDA, companies who manufacture these tablets can get away with using unsafe amounts of belladonna in their products.

Homeopathic teething tablets promise quick pain relief for infants and young children, but it’s clear that this promise comes at a steep cause. It would be best to stick with tried and tested teething medication and at-home remedies to help your baby. If you know someone whose baby had gotten seriously ill because of these dangerous products, tell them that they might be able to file homeopathic teething product lawsuit and pursue compensation for their suffering.

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Lack of Informed Consent And Gross Negligence

Posted by on Aug 16, 2016 in Personal Injury | 0 comments

When a patient needs to undergo operation or treatment, a doctor is legally bound to get their “informed consent” on what will be done. If the doctor fails to do this and something goes wrong with the patient in connection with the treatment, they will be liable for medical malpractice. According to the website of Karlin, Fleisher & Falkenberg, LLC, once informed, the patient has to explicitly agree to the procedure or treatment.

As most procedures may carry some potential risks, the doctor must properly communicate this to the patient who will then decide if they will undergo the procedure or treatment. Before conducting treatment, doctors will require the patient to sign a consent form.  It is their responsibility to provide all the necessary information about a procedure or treatment, which may include:

  • Description of the procedure or treatment
  • The purpose of the procedure or treatment, including desired outcome
  • An explanation of the key risks and potential complications involved+
  • An explanation of any alternative treatment or procedures
  • The likelihood of the procedure’s success

With informed consent, the patient has the opportunity to ask the doctor follow-up questions as well as sufficient time to consider the discussion and make an informed decision. It is worth noting that signing a form alone is not an indication of informed consent. The doctor must be able to discuss the procedure and risks with the patient. It does not have to be a detailed explanation of the risks but only those which are important.

In contrast, gross negligence in medical malpractice happens when a doctor does something wrong or causes harm to someone else. It is considered as a reckless action done by a person with no medical training. If a doctor does not have informed consent to perform a procedure and the patient gets injured, they may be sued for gross negligence.

In every rule there is an exception. For informed consent, the following conditions are exempted:

  • When the patient must act quickly to save the life of a patient and there is no time to explain the risks involved.
  • If a doctor is aware that the patient is suffering from emotional distress that they will refuse to undergo the procedure, they may not need to obtain informed consent.

The doctor is still liable for lack of informed consent if they perform a different procedure even if it was successful. However, the patient can only make a claim if such procedure was a mistake or not necessary.

 

 

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Devastating effects of brain injuries

Posted by on Mar 22, 2016 in Personal Injury | 0 comments

When a person’s head is seriously hit by any object, he or she might suffer traumatic brain injury (TBI). Depending on the severity, individuals who have TBI in accidents are often left financially struggling as they can no longer secure a job due to disability.

TBI is often fatal in fact there were 52,000 deaths in the 1.7 million people who have sustained brain injury recorded by the U.S. Center for Disease Control and Prevention (CDC) from 2002 to 2006. People often are at high risk of sustaining TBI if they got involved in car accidents, truck accidents, motorcycle accidents, workplace accidents, or any kinds of accidents that might result to their head getting hit. When the person’s head is seriously struck, the brain cells are damaged and the oxygen supplied in the brain is disrupted when bleeding takes place in the brain. Mild TBI can have serious consequences to individuals according to the website of the Clawson & Staubes, LLC: Injury Group.Individuals are at high risk of serious complications immediately after getting a serious blow or impact to his or her head.

A person whose brain parts have been damaged after a serious TBI might fell into comatose condition for weeks or even months. While some persons who suffered brain injuries were able to recover from a coma, there are persons who were unfortunate and enter vegetative state. A person in the vegetative state may possibly make slight body movements even he or she is not aware of what is happening around him or her. Some individuals who have been to vegetative state after a serious TBI may possibly regain mild consciousness. Serious TBI complications like locked-in syndrome and brain death may result if a person’s lower brain and brainstem are greatly damaged. Serious TBI complications such as these are often fatal.

Families whose loved ones are left permanently disabled or were killed after sustaining brain injuries in accidents might consider filing damage claims for them to recover their loss. Seeking financial assistance is often the best recourse in such situations as individuals who sustained serious TBI require extensive medications to recover.

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Personal Injury Cases

Posted by on Oct 21, 2015 in Personal Injury | 0 comments

The results of critical harm can be hard to ascertain, and should never be underestimated. According to the United States Department of Justice, settlement for an injury sustained due to carelessness or someone’s lack of responsibility may be based on the injury’s seriousness and the location where the harm occurred.

Insurers possess a method of calculating a personal injury claim’s worth. The psychological and mental effect are generally considerably harder to evaluate even though the physical facet of the injury could be easy to discover. To help you consider harms that may be compensated, below are some important items to consider:

  • Potential permanent impairment or disfigurement
  • Additional expenses that are related and entire medical treatment costs (comprises the future and current treatment costs)
  • Lost wages because of missed work during the time spent in rehab and treatment
  • Emotional problems, for example, strain, trauma, depression, anxiety, humiliation caused by the injury
  • Property damage
  • Loss of satisfaction and lifestyle

This calculation serves just as a guide for settlements, where both parties can negotiate the appropriate measure of compensation. As said on the website of Sampson Law Firm, there are also outside variables, where the victim may be partly responsible for the mishap, as well as the whole sum of the settlement might subsequently be considerably lower than desired. Together with the assistance of a legal professional, sufferers of harms that are irresponsible may not be unable to get reparation from others’ wrong doings.

For missed chances, opportunities, discomfort and suffering, the computation for what insurance companies call “general” harms can be a little complicated. Insurance adjusters typically include all the expenses in the clinical remedies (called “specials”). For much more minor injuries, the “specials” is increased by 1.5 or 2 to get the “general” damages. For especially severe and lethal injuries, the “specials” is multiplied by around five (as well as 10 for intense harms). Revenue lost is then added.

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Abbott Ordered to Pay Damages for Depakote

Posted by on Jun 20, 2015 in Dangerous Pharmaceuticals | 0 comments

A St. Louis, Mo. Jury decided that Depakote manufacturer was liable for the birth defects of a 12-year-old plaintiff and came out with hefty damages.

Abbott via its branded drug subsidiary AbbVie lost a verdict for the first time since the risks associated with its anticonvulsant drug Depakote (valproate) became widely known. It is a dangerous precedent for the drug manufacturer, which is currently facing more than 800 Depakote lawsuits.

The plaintiff is 12-year-old Maddison Schmidt, who suffers from a number of birth-related defects including spina bifida. Her mother had been taking Depakote to counteract the symptoms of epilepsy during her pregnancy. Spina bifida is a medical condition wherein the backbone and membranes sheathing the spinal cord does not close completely. This can lead to numerous physical and neurological problems. There is no known cure.

The jury initially made the unanimous decision to award $15 million to the plaintiff for compensatory damages, and then came back 9-to-3 with another $23 million for punitive damages. As claimed in the suit, the drug company downplayed the risks of birth defects in pregnant women taking Depakote.

Abbott representatives continue to insist that the evidence showed both the physician and the child’s mother were aware of the dangers and made an informed decision 12 years ago. The Food and Drug Administration (FDA) only issued a warning that Depakote may adversely affect cognition development of the fetus in 2011, and birth defects in 2013. It is understandable why the jury would disregard the drug maker’s assertions in light of the fact that it has already been penalized for marketing the drug for off-label uses.

According to the website of Williams Kherkher, if you were taking Depakote during your pregnancy and your child was born with birth defects, there may be a causal link.

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What is Complicated about Injury Lawsuits?

Posted by on Mar 18, 2015 in Personal Injury | 0 comments

What can be so complicated about personal injury? This might be a thought that comes into mind when an incident of this nature flashes on the news. The thing is – ninety seconds of coverage is just exactly that: ninety seconds. What victims of personal injury accidents actually go through can be some of the most devastating months, sometimes years of their lives.

You can ask a personal injury attorney in Massachusetts – these cases are never as straightforward as you might wish they could be. Each and every case is different, with varying variables, and it is representing these variables in a court of law, presenting these facts to a jury and a judge, that could make or break the case in question. The members of the case involved need to keep recounting the events over and over again, thereby reliving the terrible moment time and time again, and it is important that the client is treated with only the utmost compassion and sensitivity.

People never think it can happen to them – until it does. Those ninety seconds on a news program or a thousand word article on the newspaper will never be enough to depict what actually goes on behind the scenes in the lives of victims of these kinds of accidents. There are the medical expenses that can take a toll on an entire family, or even an entire corporation if the victim were in charge of the income of dozens or hundreds of people. These ripple effects transcend through waves and waves of people you wouldn’t think were involved but, unfortunately, are.

That is why it takes specialized help, people who have indubitable knowledge of these kinds of cases, to make sure that you are given the best care possible as well as the least stress. After all, an accident that can cause significant injury is prone to cause stress and trauma. It is well deserved rest that the victim requires and it is exactly that that only professional legal aid can offer as they can handle all the difficult details while you recover.

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Parenting Injured Children

Posted by on Feb 1, 2015 in Personal Injury | 0 comments

According to the website of Crowe & Mulvey, “Due to their lack of experience and inherent physical vulnerabilities, children are much more prone than others to suffer serious injuries in the case of an accident.” No parent wants their child to go through pain, so if your child ever got injured, you would want to cushion the blow to the best of your abilities. Below are some tips on how to do so.

Depending on their age, set up play dates for them frequently. Because they cannot go outside to play or possibly even walk over to a friend’s house, their social life is most likely suffering. If they are a bit older, offer to take them to their friends’ houses or let them know that if they want to invite friends over, that they can. Companionship is an important coping mechanism.

It is okay to be a little more relaxed about time spent playing video games or watching television. These things can be therapeutic in the sense that they keep someone’s mind off of problems at hand.

However, do not let your child fall behind in school. They will most likely require more downtime than usual, but letting them avoid their responsibilities does not set a good precedent. Let this be a good lesson to them on how to persevere through difficult times.

Do not be afraid of medicating your child, but also do not go overboard. Talk to their doctor about what the appropriate dose of pain relievers is for their age, weight, height, and gender.

Surprise them with the occasional treat. If it seems like they are having a bad day, stop by the store to pick up their favorite flavor of ice cream. Sometimes it is the little things that have the ability to make your child’s day.

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