Posts by Jeff

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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