Thursday, July 18, 2013

Understand the characteristics of structured settlements to state

Understanding Structured Settlements
What is Structured Settlements? How does it work for me?

Have you brought a lawsuit against a company or an individual that you claim caused you permanent harm as a result of their negligence or intentional misconduct? (that's just a fancy "lawyer" way of saying that you’re hurt and you say it’s their fault). Did you win or settle your lawsuit? If so, then you need to understand the basics about structured settlements, as it may be an important option to consider.

Ordinarily, when you win a judgment or settle your lawsuit the defendant has to pay you the judgment or settlement amount in a lump sum. Let's say, for example, you have a form of cancer caused by asbestos called asbestosis. You sue the asbestos manufacturer, who agrees to settle out of court for a million dollars (don't get excited or disappointed; this is just an imaginary amount for example purposes). You get a check for a million dollars, right?

That's one option, but a structured settlement might make more sense depending on your circumstances. A structured settlement pays you in installments over time instead of a single lump sum.

Installment payments can be structured in a number of ways to suit your needs and to protect you from inflation. They can range from a simple yearly payment to complex arrangements consisting of an initial lump sum payment, monthly indexed installments, deferred payments, and special provisions relating to the future care or death of the insured.

Typically, the defendant would purchase an annuity (from an annuity or insurance company) for a dollar amount that is paid up front. The annuity provides regularly scheduled income payments as specified by you and your attorney under the terms of the structured settlement.

What are the advantages of a structured settlement? Well, for one thing, you are guaranteed a source in income for life. A second important advantage is tax management: you may be able to substantially reduce the taxes you would have to pay Uncle Sam on any investment income that would otherwise accrue from investment of a lump sum settlement.

Apart from the tax savings, it's also important to "know thy self" when making a decision about structured settlements. Are you the kind of person who would head to Vegas, do a little world travel, buy lots of toys, and basically blow your money until you have nothing left of your million dollars in a year or two? If so, a structured settlement might be the way to go.

There are some negatives, however, that you need to be aware of. First, once you agree to it, you are stuck with the terms of the structured settlement. You cannot change it at some later date. Hence, it's very important to be represented by a good attorney and tax advisor who will help negotiate structured settlement terms that meet your needs, such as protection from rising inflation. If you don’t expect to live very long, on the other hand, you may want a settlement that guarantees a minimum payment even if you die before the guarantee period expires. This can protect your family or beneficiaries from being left without financial resources.

Contrary to the suspicions of some uniformed plaintiffs, structured settlements are not intended to and do not (assuming you are represented by a decent lawyer) re-assess or change your award. They are simply a device to allow for payment of your judgment or settlement over time, or on an installment basis. They are flexible and can be structured to meet many needs and life circumstances.

People who receive structured settlement payments however may decide at some point during the life of the settlement that they need more money in the short term rather than periodic payments over time. In this case, some people opt for a structured settlement factoring transaction. With this type of transaction the structured settlement recipient can sell (or encumber) all or part of their future periodic payments for a present lump sum.

While a structured settlement is not appropriate for everyone, they can be very useful, depending on your needs. Your attorney can help you evaluate whether they are suitable for you. Some additional links with more information about structured settlements are included at the bottom of this page.

This article is intended to provide general information only, not legal advice. Please consult an attorney for advice in connection with structured settlements or any of the issues addressed in this article

Mesothelioma cancer the most common - after night !



Mesothelioma

Mesothelioma – Overview of Disease
Mesothelioma cancer most commonly develops in the lungs of people exposed to asbestos.
Effective treatments are available to ease symptoms and improve your prognosis.

Mesothelioma is a rare cancer that is caused almost exclusively by exposure to asbestos. It can affect the thin, protective membrane surrounding the lungs, heart or abdominal cavity. An estimated 3,000 cases annually are diagnosed in the United States, and the majority of those are traced to an occupational exposure.
Although the use of asbestos has been reduced dramatically in recent decades, the incidence of mesothelioma has remained steady. It can take anywhere from 20 to 50 years after exposure to asbestos before obvious symptoms appear and a definitive diagnosis is made. While there still is no cure - and the prognosis is typically poor - significant progress has been made in recent years regarding treatment options and various alternative therapies.

How Asbestos Causes Mesothelioma

Mesothelioma cancer develops after exposure to asbestos, which most often occurs in the workplace – in industrial settings, shipyards, auto repair shops, old houses, schools and public buildings. It takes long-term exposure to make someone at risk, but heavy, short-term asbestos exposure is known to cause mesothelioma cancer.
How Mesothelioma is Caused
Microscopic asbestos fibers are breathed in or swallowed. The human body has difficulty destroying or getting rid of these fibers. Over decades, the fibers cause biological changes that result in inflammation, scarring and genetic damage. The most susceptible area to these fibers is the lining of the lungs, called the pleura, although fibers also can become trapped in the lining of the abdominal cavity (peritoneum). Once fibers cause biological damage, the stage is set for a 20- to 50-year latency period for malignant mesothelioma to develop.

Types and Symptoms

Pleural mesothelioma is the most common type of mesothelioma, representing about 75 percent of cases. Peritoneal mesothelioma is the second most common type, consisting of about 10 to 20 percent of cases. Approximately 1 percent of cases are of the pericardial variety. Another rare type known as testicular mesothelioma represents less than 1 percent of cases.
Pleural Mesothelioma – Cancer of the Lung Lining

Pleural

This type forms in the lining of the lungs, and its increased incidence has allowed more studies to improve treatment methods and survival rates.
Peritoneal Mesothelioma – Cancer of the Abdomen Lining

Peritoneal

Developing in the lining of the abdominal cavity, peritoneal mesothelioma responds best to a combination of surgery and heated chemotherapy.
Pericardial Mesothelioma – Cancer of the Heart Lining

Pericardial

Emerging from the lining of the heart, pericardial mesothelioma is the most challenging to treat because of the proximity of the tumors to the heart.

Mesothelioma Symptoms

Because early symptoms of mesothelioma are so mild, few people notice or recognize them, and many don’t experience any symptoms until later stages of the cancer. Fatigue and slight pain around the tumor may surface in early stages. Late-stage malignant mesothelioma symptoms are more noticeable and commonly provoke someone to visit the doctor. These late-onset symptoms can include shortness of breath, chronic pain near the tumor, weight loss, fluid buildup or bowel obstruction. Effective therapies are available to relieve symptoms, and some treatments, like talc pleurodesis, can even prevent symptom recurrence.

How Mesothelioma is Diagnosed

All patients have a unique path to a diagnosis, but the most important factors to an accurate diagnosis are imaging scans and biopsies. Doctors use several tests to diagnose mesothelioma. Most people initially undergo a basic chest X-ray to check for any abnormalities. If abnormal growth is detected, a doctor will recommend a more detailed imaging scan like a PET scan, CT scan or MRI. If mesothelioma is suspected, a biopsy will be recommended. In a biopsy, a tissue sample is collected to confirm the presence of mesothelioma cells.
Blood tests for mesothelioma are also available, but they do not confirm the presence of mesothelioma. Research and development is underway to determine if mesothelioma blood tests can aid in early diagnosis for at-risk former asbestos workers.

Staging

There are at least five systems that doctors use for the staging of pleural mesothelioma. Older systems like those created by Drs. Butchart and Sugarbaker did not classify tumors with tumor-node-metastasis (TNM) descriptors, so the International Mesothelioma Interest Group (IMIG) developed the detailed IMIG staging system in 1995. This system is the most widely used staging system for mesothelioma.

Mesothelioma Treatment

Treatment options for mesothelioma include surgery, chemotherapy and/or radiation therapy. Many mesothelioma doctors prefer to combine two or more of these treatments, an approach known as multimodal therapy. Clinical trials show this approach has improved survival rates

Acne common skin disease - it's bad face for man and women

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Acne is a common skin disease that causes pimples. Pimples form when hair follicles under your skin clog up. Most pimples form on the face, neck, back, chest, and shoulders. Anyone can get acne, but it is common in teenagers and young adults. It is not serious, but it can cause scars.

No one knows exactly what causes acne. Hormone changes, such as those during the teenage years and pregnancy, probably play a role. There are many myths about what causes acne. Chocolate and greasy foods are often blamed, but there is little evidence that foods have much effect on acne in most people. Another common myth is that dirty skin causes acne; however, blackheads and pimples are not caused by dirt. Stress doesn't cause acne, but stress can make it worse.

If you have acne

Clean your skin gently
Try not to touch your skin
Avoid the sun

Treatments for acne include medicines and creams.

NIH: National Institute of Arthritis and Musculoskeletal and Skin Diseases

The importance of life insurance to secure the family's income, as much as possible




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Definition of 'Life Insurance'
A protection against the loss of income that would result if the insured passed away. The named beneficiary receives the proceeds and is thereby safeguarded from the financial impact of the death of the insured.

Investopedia Says
Investopedia explains 'Life Insurance'
The goal of life insurance is to provide a measure of financial security for your family after you die. So, before purchasing a life insurance policy, you should consider your financial situation and the standard of living you want to maintain for your dependents or survivors. For example, who will be responsible for your funeral costs and final medical bills? Would your family have to relocate? Will there be adequate funds for future or ongoing expenses such as daycare, mortgage payments and college? It is prudent to re-evaluate your life insurance policies annually or when you experience a major life event like marriage, divorce, the birth or adoption of a child, or purchase of a major item such as a house or business

The characteristics and qualities of asbestos mineral fiber new news





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Asbestos

Asbestos is a mineral fiber that occurs in rock and soil. Because of its fiber strength and heat resistance it has been used in a variety of building construction materials for insulation and as a fire-retardant. Asbestos has been used in a wide range of manufactured goods, mostly in building materials (roofing shingles, ceiling and floor tiles, paper products, and asbestos cement products), friction products (automobile clutch, brake, and transmission parts), heat-resistant fabrics, packaging, gaskets, and coatings.

Elevated concentrations of airborne asbestos can occur after asbestos-containing materials are disturbed by cutting, sanding or other remodeling activities. Improper attempts to remove these materials can release asbestos fibers into the air in homes, increasing asbestos levels and endangering people living in those homes

The risks and benefits of Bextra on humans now




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What is the most important information I should know about Bextra?

Bextra was withdrawn from the U.S. market in 2005.

The manufacturer of Bextra has announced the voluntary withdrawal of the drug from the U.S. market. This withdrawal is due to safety concerns of an increased risk of cardiovascular events (including heart attack and stroke) in patients taking non-steroidal anti-inflammatory drugs (Bextra is a "COX-2" selective non-steroidal anti-inflammatory drug) and safety concerns of an increased risk of rare but serious skin reactions in patients taking Bextra.
Do not take Bextra without first talking to your doctor if you have experienced asthma, hives, or an allergic reaction after taking a sulfa-based medication such as sulfamethoxazole (Bactrim, Septra, Gantanol, and others) or sulfisoxazole (Gantrisin); aspirin; or another NSAID such as celecoxib (Celebrex), ibuprofen (Motrin, Advil, Nuprin, and others), naproxen (Aleve, Naprosyn, Anaprox), ketoprofen (Orudis KT, Orudis, Oruvail), diclofenac (Voltaren, Cataflam), diflunisal (Dolobid), etodolac (Lodine, Lodine XL), fenoprofen (Nalfon), flurbiprofen (Ansaid), indomethacin (Indocin), ketorolac (Toradol), meloxicam (Mobic), nabumetone (Relafen), oxaprozin (Daypro), piroxicam (Feldene), sulindac (Clinoril), or tolmetin (Tolectin). You may experience a similar reaction to Bextra. Notify your doctor immediately if you develop abdominal pain, tenderness, or discomfort; nausea; bloody vomit; bloody, black, or tarry stools; unexplained weight gain; swelling or water retention; fatigue or lethargy; a skin rash; itching; yellowing of the skin or eyes;"flu-like" symptoms; or unusual bruising or bleeding. These symptoms could be early signs of dangerous side effects. Serious skin reactions have occurred in patients taking Bextra. These reactions tend to occur within the first two weeks of treatment, but may occur at any time during treatment. Stop taking Bextra and contact your doctor immediately if you develop a skin rash; hives; itching; difficulty breathing; swelling of the lips, tongue or face; or other symptoms of an allergic reaction.
What is Bextra?

Bextra was withdrawn from the U.S. market in 2005.

Bextra is in a class of drugs called nonsteroidal anti-inflammatory drugs (NSAIDs). Bextra works by reducing substances in the body that cause inflammation, pain, and fever.
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Bextra is used to reduce pain, inflammation, and stiffness caused by osteoarthritis and adult rheumatoid arthritis. Bextra is also used to treat painful menstruation.

Bextra may also be used for purposes other than those listed in this medication guide.
What should I discuss with my healthcare provider before taking Bextra?

The manufacturer of Bextra has announced the voluntary withdrawal of the drug from the U.S. market. This withdrawal is due to safety concerns of an increased risk of cardiovascular events (including heart attack and stroke) in patients taking non-steroidal anti-inflammatory drugs (Bextra is a "COX-2" selective non-steroidal anti-inflammatory drug) and safety concerns of an increased risk of rare but serious skin reactions in patients taking Bextra.
Do not take Bextra without first talking to your doctor if you have experienced asthma, hives, or an allergic reaction after taking a sulfa-based medication such as sulfamethoxazole (Bactrim, Septra, Gantanol, and others) or sulfisoxazole (Gantrisin); aspirin; or another NSAID such as celecoxib (Celebrex), ibuprofen (Motrin, Advil, Nuprin, and others), naproxen (Aleve, Naprosyn, Anaprox), ketoprofen (Orudis KT, Orudis, Oruvail), diclofenac (Voltaren, Cataflam), diflunisal (Dolobid), etodolac (Lodine, Lodine XL), fenoprofen (Nalfon), flurbiprofen (Ansaid), indomethacin (Indocin), ketorolac (Toradol), meloxicam (Mobic), nabumetone (Relafen), oxaprozin (Daypro), piroxicam (Feldene), sulindac (Clinoril), or tolmetin (Tolectin). You may experience a similar reaction to Bextra.

Bextra should not be used for the treatment of pain after coronary artery bypass surgery (CABG). The use of Bextra in such patients has led to an increased incidence of cardiovascular events, deep surgical infections and wound complications. Talk to your doctor before taking Bextra if you are being treated for pain associated with CABG.

Before taking Bextra, tell your doctor if you

smoke;

drink alcohol;

have an ulcer or bleeding in the stomach;
have liver disease;
have kidney disease;

have asthma;

have congestive heart failure;

have fluid retention;

have heart disease;

have high blood pressure;

have a coagulation (bleeding) disorder or are taking an anticoagulant (blood thinner) such as warfarin (Coumadin); or

are taking a steroid medicine such as prednisone (Deltasone and others), methylprednisolone (Medrol and others), prednisolone (Prelone, Pediapred, and others), and others.

You may not be able to take Bextra, or you may require a dosage adjustment or special monitoring during treatment if you have any of the conditions, or are taking any of the medicines, listed above.
Bextra is in the FDA pregnancy category C. This means that it is not known whether it will be harmful to an unborn baby. Bextra should not be taken late in pregnancy (the third trimester) because it may affect the formation of the baby's heart. Do not take Bextra without first talking to your doctor if you are pregnant or could become pregnant during treatment. It is not known whether Bextra passes into breast milk. Do not take Bextra without first talking to your doctor if you are breast-feeding a baby. If you are over the age of 65 years, you may be more likely to experience side effects from Bextra. You may require a lower dosage or special monitoring during your therapy

Bankruptcy and exit routes in the United States







Enron filed for bankruptcy in the Northern District of Texas. See more corporation pictures.
­Bankruptcy is one of the most complex areas of law, incorporating elements of contract law, corporate law, tax law and real estate law. In recent years, several high-profile corporations like Enron, WorldCom and Adelphia have filed for bankruptcy. Although businesses only accounted for about 2 percent of all bankruptcy filings in the United States last year, commercial bankruptcies can have a big impact on the economy because there can be a lot of money at stake
In this article, we'll explain the different types of bankruptcy filings under United States law, figure out who pays what to whom, and describe the process of reorganizing a company and running it under bankruptcy.
All of the different kinds of corporate bankruptcy amount to the same problem -- a company has more debt than it can pay. In this situation, a company files for bankruptcy. This gives it legal protection from its creditors. The company can either get out from under the debt or work out a repayment plan and continue operating. A bankruptcy filing prevents creditors from trying to collect on debts outside the process of the bankruptcy filing itself.
What circumstances lead a company to file for bankruptcy? Sometimes debt grows over time until the business owners realize they have no hope of paying it off. The 2002 bankruptcy of Kmart is an example of this. Competition from other discount store chains led to a steady decline in sales, and the company began missing payments to their suppliers
Big Money
Kmart filed the largest United States retail bankruptcy in 2002, with over $17 billion in assets. Those numbers seem tiny compared to the top United States bankruptcies:

 
Filing Year
 
Company
 
Assets
 
2002
 
WorldCom
 
$104 billion
 
2001
 
Enron
 
$64 billion
 
2002
 
Conseco Corporation
 
$63 billion
 
2005
 
Delta Airlines
 
$21.8 billion
 
2002
 
Adelphia Communications
 
$21.4 billion
 
2005
 
Delphi
 
$16.5 billion
 
Companies sometimes face a sudden loss of revenue that prevents them from paying their suppliers. For example, a printing company might draw 30 percent of its revenue from a single publisher. If that publisher moved its contract to a different company, the printer would lose almost a third of its revenue. However, it would still have to pay employee wages, health care plans, taxes, suppliers and all of its other bills.
A sudden, massive financial loss can result in instant debt without the revenue to pay for it. This is often the result of some wrongdoing on the company's part. A lawsuit or government fines can cost a company millions or billions of dollars. Scandals can also cause stock prices to drop. WorldCom was already struggling in 2002 when an accounting scandal became public. The scandal severely damaged the company and forced them into bankruptcy.
Creditors can also force a company into bankruptcy. They might do this if they discover that the owners are selling off all of the company's assets and preparing to dismantle the company without paying their debts. A creditor might also force a bankruptcy if the company is already making large payments to a different creditor.
Next, we'll take a look at the different terms used in bankruptcy filings and see how bankruptcy filings generally work.