Do You Have a Medical Malpractice Case? Here's an Important Tip
Wednesday, November 22, 2006
If you are serious about taking a medical malpractice case before a jury, be sure that you have written documentation for evidence. The more evidence that you document, the more credible your claim appears to the jury.
This is a simple step and all that is required is writing down what happens as the patient is receiving medical attention. This type of “journal” has many benefits. The first one, as stated above, makes the patient’s version of events and the overall case appear more credible to the jury or judge. It also helps prevent possible errors, even if the medical malpractice claim is not being contemplated.
One example of documentation could be if a nurse or physician forgets to treat a patient with a certain dose of medication. The patient’s family might then remind the medical staff, so that the patient does not suffer as a result of the poor medication management. Afterwards the family should then document the times and dosages of medicine administered to the patient. This helps prevent another medication mishap, and to avoid an overdose if it had not been documented by a nurse.
When documenting the events, be sure to portray your actions as helpful and understanding. If you act as if you are threatening and second guessing, it may hurt your overall case because the defense lawyer will argue that you were building a case against them from the beginning.
In addition, documenting the events not only means to keep a written journal of what’s happening, but one should also be actively inquiring the nurse or physician about important events so that they can be charted accordingly. This is important as many times a nurse will forget to write vital information or events in their chart, because of a busy schedule or patient overload. Active documentation on your part will help remind them of these events. In fact, often times the nurse will make more effort to chart the events more timely and accurately, since they know that someone is making their own records simultaneously.
In all actuality, most health care professionals don’t mind it when someone is keeping a journal to be helpful. Just be sure to stay calm and not act as if you are constantly interrogating the health care providers as this will insult them. The best way to document is in a quiet manner, gently asking important questions. Most physicians appreciate someone who has the patient’s best interest in mind.
If you think you have a medical malpractice case or need a medical malpractice lawyer , please visit our site. If you live in or around Dallas you may also visit our site on Dallas Medical Malpractice Lawyers
Employment - Discrimination - Victimisation - Three Step Procedure - Outside Time Limit
In the recent case of Mehta v University of London and others [2006], the applicant was a doctor who applied to the second respondent for medical training on 8th August 2003. The second respondent was a body within the University of London (the first respondent). On 6th October the applicant received a letter from the second respondent dated 2nd October. The letter stated that his application had been unsuccessful. The applicant claimed that he wrote back on 12th December to ask for detailed feedback as to why he had not been admitted to establish whether he had a legal claim against the respondents. He received no reply, and the second respondent claimed that no such letter was received.
The applicant’s original application was presented to the Employment Tribunal on 13th January 2004 – he claimed discrimination and victimisation. On 17th January the Employment Tribunal dismissed the claim orally on the ground that it had been presented after the three month time limit. The Employment Tribunal also said it would not be just and equitable to extend the time limit. In addition, at a full hearing on 4th March, it was considered whether the other claims made by the applicant should be struck out due to the Employment Tribunal not having jurisdiction to hear them. Eventually, at the full hearing, the Employment Tribunal decided against the applicant – who promptly stormed out of the room.
The respondents made an application for costs. The tribunal declined to consider the costs application in the absence of the applicant, and adjourned the case until 20th May. When the case came to be heard, one of the lay members who was present on 17th and 4th was absent, and the applicant was not happy to proceed with just two members.
A new lay member was appointed and the Employment Tribunal heard oral and written evidence from both sides, as well as a witness statements and oral evidence from the applicant.
The Employment Tribunal held that the costs of the hearings on the 4th and 20th were attributable to applicants unreasonable conduct in bringing his remaining claims which were both misconceived and unreasonable. The applicant appealed to the Employment Appeals Tribunal.
His appeal was dismissed for the following reasons:
* For the purposes of the three month time limit, time ran from the date of the act of discrimination or victimisation. The act which the applicant was relying on in bringing the claim was the failure by the respondent to shortlist him for a position on the training course. This occurred at the very latest by 6th October, when he received the letter rejecting him. As the original application was presented to the Employment Tribunal only on 13th January, the deadline had been missed and the Employment Tribunal had not erred in treating the application as being out of time.
* It was clear that the Employment Tribunal had considered not proceeding with the claim. They decided that in the interests of the overriding objective they should appoint a new lay member in order to dispose of the issues before them fairly and expeditiously. The new Employment Tribunal heard extensive and new submissions from the applicant. This meant it was not inappropriate for them to consider the issues of fact relating to the March hearing, despite the Employment Tribunal being made up of only two of the original three members.
© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
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Please contact us for advice on employment law at enquiries@rtcoopers.com or Visit http://www.rtcoopers.com/practice_employment.php
Credit Card Identity Theft: 10 Introductory Tips
It can happen to anyone. The phone rings and a collection agency demands that you pay past-due accounts for goods you never ordered. The supermarket refuses your checks because you have a history of bouncing them. But you have always paid bills on time. What has happened?
If you're a victim of identity theft, you could be left with bills, bad credit and the hassle of dealing with financial agencies and police departments to clear your name.
The crime of identity theft is on the rise. Recent surveys show there are currently about 9 million victims each year. Using a variety of methods, criminals steal Social Security numbers, driver's licenses, credit card numbers, ATM cards, telephone calling cards, and other pieces of individuals' identities such as date of birth. They use this information to impersonate their victims, spending as much money as they can in as short a time as possible before moving on to someone else's name and identifying information.
There are two types of identity theft.
- "account takeover" occurs when a thief acquires your existing credit account information and purchases products and services using either the actual credit card or simply the account number and expiration date.
- "Application fraud" is what some experts call "true name fraud." The thief uses your SSN and other identifying information to open new accounts in your name. Victims are not likely to learn of application fraud for some time, because the monthly account statements are mailed to an address used by the imposter. In contrast, victims learn of account takeover when they receive their monthly account statement. This guide discusses strategies for reducing the risk of both types of fraud.
Generally, victims of credit card fraud are liable for no more than the first $50 of the loss. (Truth in Lending Act, Fair credit Billing Act, 15 USC sec. 1601) In most cases, the victim will not be required to pay any part of the loss. But debit card users have less protection against fraud. Not only are individuals' checking accounts wiped out, debit card users could be liable for the total amount of the loss depending on how quickly they report the loss to the financial institution.
Take these steps to reduce your risk of becoming a victim of identity theft:
1. Reduce the number of credit and debit cards you carry in your wallet. We recommend that you do not use debit cards because of the potential for losses to your checking account (see above). Instead, carry one or two credit cards and your ATM card in your wallet. Nonetheless, debit cards are popular. If you do use them, take advantage of online access to your bank account to monitor account activity frequently. Report evidence of fraud to your financial institution immediately.
2. When using your credit and debit cards at restaurants and stores, pay close attention to how the magnetic stripe information is swiped by the waiter or clerk. Dishonest employees have been known to use small hand-held devices called skimmers to quickly swipe the card and then later download the account number data onto a personal computer. The thief uses the account data for Internet shopping and/or the creation of counterfeit cards.
3. Do not use debit cards when shopping online. Use a credit card because you are better protected in case of fraud.
4. Keep a list or photocopy of all your credit cards, debit cards, bank accounts, and investments -- the account numbers, expiration dates and telephone numbers of the customer service and fraud departments -- in a secure place (not your wallet or purse) so you can quickly contact these companies in case your credit cards have been stolen or accounts are being used fraudulently.
5. Never give out your SSN, credit or debit card number or other personal information over the phone, by mail, or on the Internet unless you have a trusted business relationship with the company and you have initiated the call. Identity thieves have been known to call their victims with a fake story that goes something like this. "Today is your lucky day! You have been chosen by the Publishers Consolidated Sweepstakes to receive a free trip to the Bahamas. All we need is your Social Security number, credit card number and expiration date to verify you as the lucky winner."
6. Always take credit card receipts with you. Never toss them in a public trash container. When shopping, put receipts in your wallet rather than in the shopping bag.
7. Never permit your credit card number to be written onto your checks. It's a violation of laws in most countries, and puts you at risk for fraud.
8. Watch the mail when you expect a new or reissued credit card to arrive. Contact the issuer if the card does not arrive.
9. Order your credit report at least once a year. Federal law gives you the right to one free credit report each year from the three credit bureaus: Equifax, Experian, and TransUnion. If you are a victim of identity theft, your credit report will contain the tell-tale signs – inquiries that were not generated by you, as well as credit accounts that you did not open. The earlier you detect fraud, the easier and quicker it will be to clean up your credit files and regain your financial health.
10. Shield your hand when using a bank ATM machine or making long distance phone calls with your phone card. "Shoulder surfers" may be nearby with binoculars or video camera.
Thomas Lindstrom is author and researcher regarding credit card issues.
Tips You Can Use If Your Credit Card is Lost or Stolen
Nowadays, it has become common for wallets or purses to be stolen or lost. Important items such as identification cards, ATM cards and credit cards are kept in wallets and purses.
So what would you do if you do lose your wallet or purse, and all your credit cards are there? The good news is that all reputable credit card companies have procedures and policies in place to help you when you do find yourself in such a situation. These companies offer protection against credit card loss or theft.
File a report with Your credit card Company
The first rule in any emergency, including losing your credit card or having it stolen, is: don't panic. Your credit card company has a toll free number that you can call to report a lost or stolen credit card. The first step you should take as soon as you discover that you've lost your credit card or that it was stolen is to file a report with your credit card company.
You need not worry about paying for fraudulent transactions after your credit card is lost or stolen. Based on a federal law, you are only liable for the first $50 of any fraudulent charges made on your credit card. However, you still need to report that your credit card has been lost or stolen even if you won't be taking a significant loss.
If you report loss or theft of your credit card before any unauthorized transaction is carried, you do not have to pay $50. Nowadays, many credit card companies are even flexible with the $50 exposure, so make sure that you know what the terms are for your credit card.
Check Your Bill
After you lose your credit card, go over your latest bills with a sharp eye. If you recognize transactions that you didn't make, immediately write to your credit card company. In the letter, include the date when you informed the company about the loss or theft of your credit card. Address your letter to the company's billing errors department.
Bigger Risks with Debit cards
If your card happens to be a debit card, you have bigger risks if it gets lost or stolen. The sooner you report about the lost card, the lesser the chance of you being held liable for any transaction. If you file a report before your debit card has been used, you will not be held responsible for any fraudulent charges. However, if you delay in filing a report, you stand of risk of being charged as high as $500 for any unauthorized transactions carried out using your lost card.
Track Your cards
Keeping track of your cards is the best way to prevent your cards from getting lost or stolen. Know where you keep your credit cards. Don't give out your PINs. Use a different PIN for each card and make sure that you choose a PIN that is hard to guess. Avoid using your date of birth, phone number or Social Security digits for PINs. It's also good practice to change your PIN once every 60 days or so.
Find the best deal on credit cards to include low interest credit cards try visiting BestOnlineCreditCardOffers.com where you can quickly and easily find deals on a variety of credit cards to include business credit cards, airline credit cards, reward credit cards, bad credit credit cards and instant approval credit cards.
Credit Freeze: The Surefire Way To Stop Identity Thieves
Are you a victim of Credit card and Identity theft? Today, identity theft is one of the fastest growing crimes in the US. Often thieves will steal someone's identity and then go on to run up a host of bills in that person's name.
So the question is how can you fight back against these criminals and keep your good name intact as well as your credit and money?
The answer is to freeze credit reports and stop credit from being issued in your name. By freezing your credit, nobody can get your credit file or details to run up credit in your name leaving you to deal with the bill.
Who can put a freeze on their credit? Since 2003, almost everyone can put a credit freeze on his/her credit. Currently, most people simply put a fraud alert on their credit report and hope that solves their problems. The advantage of this is that the credit bureaus are supposed to alert you when a request for credit in your name is placed and verify with you that you indeed requested this new line of credit. The disadvantage with this method is that the creditors do not always call to request your permission or they ask very generic questions to verify the person they are speaking to is truly "you". Unfortunately, if they already have enough information to apply for credit in your name, they can usually answer these generic questions also. With a credit freeze nobody can open any type of credit line under your. Meaning, your credit details are off limits to everyone even credit lenders, insurance companies and potential employers.
How does a credit freeze work?
When your credit is requested, for example a credit card, the credit provider will call one of the three credit reporting companies to ask for access to your credit file. If you requested a freeze to your account, then the credit reporting company will tell the creditor that they don't have access to you file since it is frozen. You can just about guarantee that no creditor in their right mind will proceed with granting any credit on an account where the owners have placed a freeze, without asking the person to lift the freeze. Of course an identity thief wouldn't be able to do this without your pin and paying the fee to unfreeze the credit report.
What if I want credit? If you want credit or you need a background check for a potential employer, it is not a problem at all because the major credit reporting companies will give you an identification number or a PIN that allows you to freeze and unfreeze your credit report whenever you want. There is also a small fee that is charged to lock and unlock your credit.
If a criminal manages to get your credit file, with the protection of a credit freeze they don't stand a chance at getting credit, no matter how good they are.
How do I get a Credit Freeze on my files? In order to freeze your credit, you will need to contact each of the three credit reporting companies. There is a fee but it is absolutely low considering the benefits of having a credit freeze on your account, the few dollars that are spent are worth knowing that your credit, and good name are protected and secured at all times.
What do the credit reporting agencies need? Each of the three credit reporting companies requires a certain procedure to be followed in order to have your credit report frozen. Below are the requirements needed for each company:
Equifax: Send a letter via email that contains your name, address, including previous addresses, social security number and your date of birth.
Experian: Mail a letter with full name, middle and other identifying names like Jr. or Sr. Also include you previous and current addresses going back five years, social security number, date of birth and proof of address like driver's license, electric bills or bank statement.
TransUnion: Communication can be sent either by regular or certified mail, although certified mail is always a safer option. You will need to include your full name, including middle initials and any other parts to your name. You will need to provide your current mailing address and any other addresses dating back to the last five years, date of birth and social security numbers are also required.
Payment for the three credit reporting companies must be made by check, money order or by a credit card. If a credit card is the chosen option, then the name of the card, account number and expiration date must be included. ID theft victims should also put a valid copy of a police report, investigation report or a valid complaint that has been filed with a law enforcement agency.
Don't be caught by criminals who prey on honest citizens by stealing their identity and running up expensive credit debt. Fight back, use a credit freeze and rest assured that your credit is safe from theft.
Liz Roberts is a loan consultant with New Horizon Finance, specializing in bad credit. Need a copy of your credit report? Join Experian Triple Advantage & get a free credit report & credit score. Bad Credit? Apply for bad credit credit cards
Effective Ways To Prevent Theft
Employee theft is one of the worst problems a small business faces. In order to achieve success and make profits, small retail businesses have to stay theft-free. Statistics show that almost two-thirds of loss in a store is caused by theft perpetrated by dishonest employees. The losses cause harm to people who are not involved in this - the customers, by driving prices up. Eventually customers will refuse to do their shopping in the store affected. Therefore, businesses will enjoy less profit. Undoubtedly, every business must strive to prevent theft.
Each small business has the goal to make profits and must do its best to prevent theft. The percentage of employee theft varies for each business. It depends on the type of the store, the type of the products and so on. A store that sells expensive products such as computers, stereos, and televisions will have bigger losses than a store that sells food for example. In such stores, steps must be taken in order to prevent theft.
Because of all these troubles, executives have to find effective ways to prevent theft. The only way to avoid problems with employees is by developing a method to prevent theft. The first thing one can do to prevent theft is to make sure that he or she has hired honest employees. An honest employee is the best treasure you can discover. An honest employee is worth his or her weight in gold. Anyway, no matter how confident you are that you have hired honest employees, effective methods to prevent theft are necessary as well. In order to be successful, employees have to be assured that you are taking all the necessary actions to prevent theft.
Before you hire an employee, make a brief search of the employee’s labor background. Do a credit check. Look into personality and psychological testing. These will be the first steps you must take to prevent theft and these will be the most effective steps you will.
When you are hiring someone, you have to make sure you can rely on him or her. No matter how skillful, a dishonest employee is able to ruin your business. You need to be demanding when you are searching for employees and employees should not be offended by your strict selection. Strict selection is necessary if you wish to prevent theft.
Here are some tricks that may help you:
+ Supply employees with uniforms that have no pockets;
+ Share the combination to the safe only with those that must have it;
+ Install security cameras over the cash-drawers;
You may think that implementing these things will be expensive, but just think of the losses that you will prevent if you fail to prevent theft.
Let me suggest to you one more important thing. First of all, you have to be honest as well. Would you expect your employees to be honest when you are not honest? Be honest in all your contact with employees, customers and vendors. If employees see you are honest, they will try to return you the favor. Do not make any unclear points in your everyday dealings. Develop clear rules and reasonable expectations for your employees. Prevent theft by imposing a fine on employees who do not follow the rules. Encourage those whose job performance is excellent. No employee will have the desire to work hard without appreciation for his or her efforts. It won’t be easy but you simply have to prevent theft.
Morgan Hamilton offers expert advice and great tips regarding all aspects concerning law. Get the information you are seeking now by visiting Prevent Theft.
Identity Theft Insurance: What The World Has Come To
This is certainly a sign of the times. In recent times not only do we have the usual suspects of well being, life, pet, travel, and automobile insurance, but now our society finds a need to provide identity theft insurance coverage as well. The numbers speak volumes, as lots of costs are associated with identity theft not to mention the untold stories of ruined lives, and broken reputations.
There are some monitoring offerings that for a fee will allow you to keep tabs of your credit accounts including other personalized files continually. Some value-added offerings may incorporate tracking systems to find out the activities of identity-thieves along with their theft activities if you turn out to be victimized by identity theft.
Nobody really is surely protected from identity-theft online as both educated and normal civilians are becoming victimized by increasingly sophisticated attacks on one's privacy. Identity theft insurance by and large costs a nominal amount monthly and may help put a stop to insane losses should the case arise where your identity is stolen.
It's really unfortunate that trying to inhibit identity theft has become almost a full time job. With some many new developments, and sneakier tactics and strategies employed by individuals to compromise other people's personal info online, it's 100 percent a brave new world that we are facing. To start, definitely try to exercise safer browsing, and avoid downloading programs that are not digitally signed or that seem suspect.
Don't follow any links in your emails, if the email doesn't come from a trusted source or third party. When using public pc terminals, try to avoid using your credit card data and also entering any intimate info such as your password and username. Just keep your eye opened and you should be much better off. Remember those who like to steal other people's info are seeking simpler victims. Don't let yourself be an easy target. Identity theft insurance can serve as a plan B if all else fails for you and the worst scenario happens.
Email identity theft along with further vital identity theft information are to be had at http://www.haltidentitytheft.com/email-identity-theft/ Check for specials right now!
Don't Become An Easy Target For Identity Theft Due To Your Shopping Habits
If you are careful and make sure that your information is not easily accessible then you are not likely to have any problems. Most people are just too busy to make sure that their information is not available, but if you take a little time then it can reduce your chances of this happening greatly.
One of the major things that many are careless about is giving out their credit card numbers. If you are ordering something in a place where it could be overheard, then move. You may not want to stand on the street when you are ordering instead of in the shopping mall, but a few minutes can save you a lot of pain. Also you need to be sure that the company that you are ordering from has systems in place to protect your information from identity theft. If you are not sure about the company, then do not do business with them. There is almost always more than one company that you can buy from. So if you are not sure about the company, then just find one that you are happy with, even if it means paying a bit more.
Another place that you can give your information away to easily for identity theft is the Internet. The amount of shopping that is done online is growing very quickly. It is usually possible to better deals at online stores then you can get in the mall. But it is very easy to just look at the cost and then buy without making sure that the company that you are ordering from is a good company. But that does not mean that small stores are not good to use, just that you should make sure that they have all of the right payment processors that will keep your information safe. Most companies have a help desk so you can ask them before you order. If you are careful then you are not as likely to have problems with identity theft. It is well worth it to make sure that your information is safe.
For more ways to protect your identity try visiting Stop-Identity-Theft-Resources.info where you will find identity theft tips that you can use along with information on the many different types of identity theft.
Do You Know the Tricks of the Trade? Identities are All the Thieves Want! Is Yours Safe?
Criminals are becoming more creative in how they steal your identity. Bravery is not a requirement anymore, nor is guns and knives or any physical harm. It could be your neighbor or a person you pass in the mall. From mail theft to account invasion to dumpster diving, whatever the system, the end result is the same: An innocent person like you is ripped off.
Think about this for a moment; a very low-tech method use by thieves to commit identity theft is stealing mail. Thieves have been stealing mail out of unsecured mail boxes for years; but it has only been in the recent years that thieves have come to realize there is a profit to be gained from the financial information they can get. Mail theft happens most of the time, according to statistics, at places where unprotected and easy accessible mailboxes are – these are mailboxes without a lock and in public places.
Thieves can and do, via outgoing stolen mail, get enough valuable information to open a new account under the victim’s name. They can take pre-approved credit card application, change the address to a new address, and then send it in. They can steal a credit card statement, lift the account number, and buy goods or services. Or a thief can watch your incoming mail for a new credit card or ATM card, steal it, and charge thousands of dollars to it in one afternoon.
Drive through virtually any neighborhood, and you see window stickers and signs stuck in lawns warning potential thieves that the occupants have a high-tech security alarm ready to sound at the first jimmied door or window. But yet, these same security minded people raise the flag on their mailboxes and set out their trash at night, not thinking or knowing the danger they have put themselves in. The virtual payday for the theft has been provided - unknowingly by the soon to be victim.
The CurbVault™ is the most effective theft-proof mailboxes. Its 1/8-inch steel plating is nearly indestructible; guaranteeing that personal information inside won't get into the wrong hands. The CurbVault™ is built in two layers. The first of these is smaller, and can be easily accessed by anyone: this is the outgoing mail slot. The second uses a drop box mechanism to let mail enter, but it makes unlawful retrieval of mail imposable. The only easy way to get the mail out of the CurbVault's™ 3,200 sq. in. interior shaft is to use the special rear-lock door.
The CurbVault™ comes in a variety of colors and can be installed wherever one might put a regular mailbox. Its features are rain channels, mildew-resistant exterior and rust-resistant hinges. Installation is fast and easy; it doesn't require a concrete base to be secure.
To learn more about The CurbVault™, contact Mail Theft Solutions, Inc., at 1-866-990-MAIL, or via the web site at: http://www.curbvault.com/ and http://curbvault.blogspot.com/ and tell us what you think about the CurbVault™.
Combatants of Identity Theft
Identity Theft: Thieves no Longer Seek to Steal Your Possessions, They Seek to Steal YOU
Clever thieves no longer seek to steal your valuable possessions; they are far more interested in stealing you, or at least your identity. If they steal your TV or your car, they have one item, they then have to sell it, and the chances are, your insurance will cover the cost.
If they successfully steal you, they have an unlimited opportunity to raise cash through numerous scams. They can take out loans, apply for credit cards in your name and max them out, even apply for a mortgage, or attempt to sell your house. That has actually happened. Fact is they are much more likely to break into your trashcans, than your precious home. So, what can you do about it?
Buy a shredder for a start. That is no new advice, shredder sales have rocketed in the past five years, and when you have one, use it. Shred all personal documents before you ditch them, and it is good advice to buy an expensive shredder too, one that can deal with handfuls of papers at a time. You do not want to have to spend all day feeding individual docs into a weary machine.
When you move house make sure that you redirect all your mail, and tell everyone, especially credit card companies, mail order catalogue businesses, banks, finance houses of your new whereabouts. Keep the redirection service in place for as long as possible because some companies take ages to amend their admin. When I was renting out property I came across several cases of tenants buying expensive goods from mail order catalogues in the previous tenant's or owner's names with never any intention of paying for them. If they were ever questioned about it, they would immediately deny all knowledge of the fraud, and the bills ended up on the former occupier's doormat.
Remember, accomplished identity fraudsters are patient people. They gradually build up a profile of their intended victim, and they do not need a full set of documentation to get started. Perhaps they only need an old bank statement to get going. Then they could knock something else up on a PC, scanning any organisation's letterhead into their machine to make the final documents look totally convincing. With that they can apply for a driving licence and with that might successfully open a bank account, all in your name. They might even try to redirect your mail. Slowly but surely, they build up their credibility that they really are you. And when they have that, and only when they are quite ready, do they launch their sting by applying for countless loans and credit cards in your name. With those, they get a pin number, and their version of your signature, which they can reproduce on demand.
By the time you find out all about it, it is too late. The perpetrator has left the county with all the squeezed cash taken in your name, and your credit rating shot to bits, albeit temporarily, though that can take a lot of time and convincing to put right.
Never give any details to cold telephone calling individuals no matter how persuasive, convincing or worthy they may sound. Never issue details of bank and financial accounts over the net when banks apparently suddenly request you to confirm your banking information. They don't do that, it is a scam and the opponent is simply trying to wheedle vital information from you when your guard is down. They often dress this up as if they are acting in your best interests. "We are beefing up our internet security measures" they say, something that you would be eager to see and agree to in normal circumstances. But hang on; think about it for a moment. Just because the email looks exactly like the ones you see from your usual bank, is it really from them? How do you know? Fact is you don't, and you could be in trouble. You could be being targeted. Check it out thoroughly.
Never put screwed up docs in the trash, and try to keep your rubbish secure. If you see some hoody sorting through your junk, the chances are he is not searching for scraps to eat. He's looking for scraps all right, scraps of vital information from which he can build up a picture of you, your profile, your date of birth, your social security number, your banking information, your driving licence details, even your passport information if they can achieve that, and it's certainly not funny of they do. Always be alert to identity fraud. Don't give these horrible individuals any opportunity to become you, because if they do, it could take you years to untangle the mess.
David Carter's new website http://www.trackerbiz.com is crammed with home business ideas, tips and information of how you can make money working from home utilising the power of the internet. His latest book SPLAM! Successful Property Letting And Management deals with everything to do with property letting. More details of that can be found at http://www.splam.co.uk
Identity Theft: What to Do if You Think Your Identity Has Been Stolen
Over 19,000 people each day fall victim to identity theft according to studies done in 2003. identity theft victims spend an average of $1,400 out-of-pocket and an average of 600 hours recovering from this crime.
There are several methods used by identity thieves to steal your identity. These methods include:
Skimming: Thieves steal your credit or debit card numbers by using a special storage device when you use your card.
Changing your address: Thieves divert your billing statements to another location by fraudulently completing a "change of address" form. After receiving your billing statements an ID thief has all the information they need to begin robbing you.
Phishing: ID thieves send you email pretending to be a financial institution or other company, hoping you will reveal your personal information by filling out a short form.
Dumpster Diving: ID thieves rummage through garbage looking for bills or other documents containing your financial information.
Stealing: ID Thieves steal items such as your wallet or purse, your personal records, your mail, etc.
There are some helpful steps you can take right away if you think your identity has been stolen. If you believe you may have fallen victim to any one of these or other ID theft schemes the first thing you'll want to do is to contact the fraud departments of any one of the three major credit bureaus. You do not have to contact all three because once a fraud alert is placed on your file the other credit bureaus are automatically notified to place fraud alerts. You will then receive credit reports from all three major credit bureaus.
The next thing you want to do after viewing your credit reports is close the account(s) that you believe has been tampered with or fraudulently opened. In either case you can request copies of all documents relating to the fraudulent transactions made or accounts opened using your personal information. If your request is made in writing, in most cases a business or creditor must provide you copies of all applications and other documents relating to accounts and transactions that have resulted from your identity theft.
Now it is time to file a report with your local police department or law enforcement. You may also need to report the theft where the crime occurred if it occurred somewhere other than where you live. You will need this report to assist you with your creditors who may require proof of the identity theft so be sure to give law enforcement as much information and documented evidence as possible. If your local police department refuses to file a report, try your local sheriffs department or state police agency. Under the Fair credit reporting Act this report is called an "identity theft report". Be sure to get a copy of this report for your records.
If you find that a new account has been opened in your name by an imposter you will want to immediately contact those creditors by phone and in writing. Thanks to changes in the law you can now prevent businesses from reporting fraudulent accounts to credit bureaus. You may be asked by the creditors to fill out a fraud affidavit. You can get a standard fraud affidavit form from the Federal Trade Commission's website. Ask the business or creditor in writing to provide you and the investigating law enforcement agency with all documents relating to the fraudulent account.
When you have resolved the matter with the company or creditor, be sure to ask for a letter stating that the company has closed the account in dispute and has discharged the debts. You'll want to keep this letter in your file in case the account reappears on your credit report. You can also notify the credit bureaus about the fraudulent account and provide them copies of the letter.
After you notify the credit bureaus about the fraudulent accounts, they are required to block this account information from future credit reports. They must also notify the credit grantor of the fraudulent account. You can also instruct the credit bureaus in writing to remove inquiries that have been generated resulting from the fraudulent access. You may also want to request the credit bureaus notify all companies and creditors who received your credit report in the last six months to alert them of the dispute and fraudulent information.
You may want to consider filling a complaint with the Federal Trade Commission as well. They keep an identity theft database used by law enforcement.
Be sure to document everything in writing and keep complete notes of any telephone conversations you have regarding this situation. You'll want to keep a well organized file documenting the events. identity theft is a dirty business but with due diligence you can come out of it with your credit and reputation in tact.
R. L. Barnes, editor at FirstCredit.Net provides useful advice and assistance
regarding credit and credit cards. You
may visit their website for more
Identity theft
information an to apply for a credit card.
It's Not Me! Preventing and Dealing With Identity Theft
It's one of the fastest growing crimes in the country, and most victims are unaware they’ve become a target until long after the crime is committed. We’re talking about identity theft. In today's world, information travels faster than ever, and that includes your personal information. If it falls into the wrong hands, your personal info could be used to acquire credit cards, loans, or to open accounts.
Unknown to you, somewhere, someone could be using your good name for their own criminal purposes, and you’ll be the one held accountable. In 2004, 3.6 million American households had at least one person who was a victim of identity theft. Don’t let it happen to you.
Prevention is key
The best way to fight identity theft is to prevent it from happening in the first place. Since you could be a victim right now and not know it for months, it's important to check your credit report. Under an amendment to the federal Fair credit Reporting Act, you have a right to a free copy of your comprehensive credit report once every 12 months. Take advantage. Visit annualcreditreport.com to get started.
Once you have your credit report in hand, check it carefully for any irregularities. It's also a good idea to put a fraud alert on all of your credit reports. The three major credit bureaus—Equifax (800-525-6285), TransUnion (800-680-7289) and Experian (888-397-3742) will all put a free alert on your reports that will tell companies to call and inform you when someone tries to open an account in your name or tinker with an existing one. The alert lasts 90 days, so give yourself a reminder to call and update it every three months.
Next, think about the passwords you use to access your credit card information, bank accounts, and other finances. Is it something like the last four digits of your Social Security Number or your mother’s maiden name? If so, change it. identity thieves are a crafty bunch, and they’ll easily crack a simple password. Think about something that you can remember that includes a variety of uppercase and lowercase letters combined with numerals. If an institution asks for your SSN or mother’s maiden name, insist on another identifier.
Also, secure your personal information at home, at work, and while you travel. Don't leave your wallet or any important receipts lying around the house or the office. Someone can easily pick it up, write down a few numbers, and set it back down without you ever being the wiser.
One man’s trash is another man’s treasure
Truer words were never spoken when it comes to identity theft. Thieves will do whatever it takes to get your personal info, including digging through your trash to get the numbers they need. Buy a shredder, and use it. credit applications, receipts, bank statements, insurance forms, and any other document containing personal identification that you are tossing should always be shredded first. And about those unsolicited credit applications that clog up your mailbox every day you can put a stop to them. Call 1-888-5-OPTOUT to stop receiving these offers.
Speaking of mail, hopefully you get yours out of a locked mailbox. If not, ask your postal worker about getting one. Never deposit your outgoing mail in an unsecured mailbox. Drop it in a collection box or run it by the post office if need be.
Joe Kenny writes for the Card Guide, a UK based credit card site, visit today for a balance transfer credit cards and clear your credit card debt today.
Visit today: http://www.cardguide.co.uk/
Protect Yourself From Online Identity Theft
Do you know how to protect yourself from online identity theft? identity theft is America's fastest growing white collar crime of the 21st Century and affects millions of people each year.
There's no surefire way to protect yourself from online identity theft, but there are steps you can take to minimize the risk of becoming a victim.
identity theft is not a problem until it happens to you and any victim can tell you it is no laughing matter. Some people believe that identity theft will never happen to them. But if you don't take steps to protect your personal information when you go online, you could be telling your own story of identity theft.
So what are the best ways to prevent identity theft? While you probably can't prevent identity theft entirely, you can minimize your risk.
The more you understand how a criminal steals an identity, the better chance you have to protect yourself from online identity theft. While nothing is ever foolproof, here are a few things that you can do to protect yourself from online identity theft.
Don't use the same password on all of your online accounts. A thief can financially wipe you out very quickly with a single password that works on every account you have.
Keep all of your passwords as confidential as possible. Banks or financial institutions never email you and ask you to log into your account and verify your password. This common online scam costs victims millions of dollars each year and you should be aware it so it doesn't happen to you.
Another way to protect yourself from online identity theft is never store your passwords, Social Security number or account PIN numbers in your computer. If your computer picks up a spyware virus, a hacker has everything he needs to steal your identity as well as all of your money.
Ninety percent of all computers are infected with spyware. Most computer users have no idea why or how they got it but it makes your online security extremely vulnerable. Spyware protection software is very reasonably priced and is just as important as anti virus software.
Other ways to protect yourself from online identity theft include all transactions you make on the Internet. Before you make an online purchase with your credit card, make sure that the site has a secure and encrypted page. Secure pages begin with https instead of http, and a picture of a small gold lock is displayed in the lower right part of your screen.
To verify the name of the server that appears on the digital certificate, double click the gold lock icon, and check the name that appears next to "Issued to". If the name appearing next to "Issued to" is different from the name of the site that you are giving your credit card number to, leave the site because it is not secure.
Currently more than 1000 law enforcement agencies have direct online access to almost 700 000 identity theft complaints. identity theft is quickly becoming the Internets worst security nightmare.
Hopefully these few tips will stop you from becoming another victim of this horrible crime. If you want to protect yourself from online identity theft, your best defense is prevention.
Spyware-Information.com offers you spyware removal, free spyware cleaners, downloads, anti spam software, valuable tips and regularly updated spyware and identity theft articles.
Identity Theft - Nine Threats & Nine Steps To Protection
The Bad News: identity theft is escalating at a torrid pace. It has become one of the country’s top problems. The bad guys are finding more ways to steal YOUR identity.
The Good News: You can take control of the situation, become both reactive and proactive guarding yourself against identity theft.
identity theft Is Spreading Faster Than The Worst Case Of The Flu!
First, let’s understand just how bad identity theft has become in this country:
· The Federal Trade Commission says that there is an underground market for credit card numbers, social security numbers and ID documents – organized gangs or web mobs use and sell these documents for as little as $10 each. Some of these groups contain thousands of members. The amount of goods and services purchased with fraudulently obtained personal identity exceeded 52-billion dollars in 2004.
· US Department of Justice states identity theft is affecting millions of households in the U.S. each year. The cost is estimated to be six-point-four billion per year. According to the FTC, an estimated 10 million adults become victims of identity theft each year.
· The Department of Justice goes on to say that the most common misuse of identity was through credit cards, accounting for 50 percent of all identity theft. Next in line were banking and other types of accounts at 25 percent, personal information was 15 percent, and a combination of several types of identity theft was at 12 percent. The average loss for each identity theft was $1,290.00. Two-thirds of those surveyed said the theft cost them money despite credit card coverage.
· A recent State of the Net survey by Consumer Reports which covered more than 2000 households with Internet Access projects that American consumers lost more than eight-billion dollars over the last two years to viruses, spyware and various scams. The report also shows consumers face a one-in-three chance of becoming a “cyber victim” about the same as last year. It goes on to say that consumers lost $630 million over the past two years to e-mail scams.
· The average person today suffers through two or more “incidents” with their computer each year - the computer slows to a crawl, crashes altogether, viruses or spyware take over systems and more. It’s getting worse as computers become more complex and as we do more with them.
So, Who Is At Risk For identity theft?
According to the Department of Justice there are three groups that are most at risk for identity theft: young adults 18 to 24, adults who earn $75,000 per year or more and households in urban and suburban area. Interesting to note that about five percent of adults who earn $75,000 or more a year are hit with identity theft.
The continued growth of online fraud and identity theft are putting an enormous strain on the existing infrastructure for the Internet as well as our social structure. For example, the banking community has been complacent about security upgrades required by the Federal Financial Institutions Examination Council. They report that every bank in the country has not complied with their guidelines set for now. In an article titled, “U.S. Banks Complacent Toward identity theft Solution,” by PR Web, the single largest national security threat is a terrorist attack on our banking system. An attack aimed simultaneously at millions of user names and passwords within banks would shut down our banking system. This would instantly shut down banks worldwide. credit/debit cards, checks, calls to the bank, would not work for at least a matter of days causing tremendous hardship and a ripple effect from no gas to “I simply have to take this baby food.”
Consider for a moment some of the potential social effects from this identity theft problem. What if citizens developed a lack of confidence in our credit card and monetary system causing economic upheaval similar to what we saw in the “Great Depression?” I know this sounds radical, but what if you couldn’t trust your identity to anyone anymore? What if you feared that your money, your identity was going to be stolen? It’s not unthinkable that you would store your money under your mattress at home or in a safe in the closet rather than possibly losing it to identity theft. If millions of people lost faith in our monetary system and the ability to keep their identity safe and then took all of their money home where they believe it would be safe, what would happen then?
We generally can’t control what happens outside of our personal environment, what happens at a bank, corporation or the government seems so far out of reach. There are, however, steps that we can take that will give us a better chance of protecting our personal information. The first step is identifying the threats and then taking steps to protect ourselves.
Below, I have identified nine identity theft threats and nine steps to protect our identity in today’s society.
Nine Threats To Your identity
Here are nine of the most popular ways for thieves to steal your identity. Some of these are personally preventable and others are out of our control:
1. Stolen Company Data. Your personal information is stored on computers at stores where you shop, at your insurance company, your accountant, and more. It almost seems like a common occurrence where a company is hacked into and their customer’s information is stolen. This happens so often now that the crimes are rarely reported and don’t make the front page anymore.
2. Social Engineering. identity Thieves are very clever. They will invent any way possible to fool you into giving your identity out. It’s called social engineering because the thief uses common social situations to get the information they want. Like a seemingly innocent phone call supposedly from your credit card company asking for your personal information.
3. Dumpster Diving. identity thieves get a lot of their victims’ information out of garbage cans and recycle bins from old credit card statements and other personal documents thrown out carelessly.
4. Mail theft. Your mail can contain valuable information: bills, banking information, credit cards, investments and more. Personal mail can often be stolen right from a mailbox.
5. Financial Account Hijacking. Once a thief has your personal information they can take over your personal accounts. You might not know about their activity for months.
6. credit Card Magnetic Strip theft. These clever crooks have tools to steal information off the magnetic strips on your credit card.
7. Discarded Computers. Your old computer really can tell stories. Even though you erased your hard drive crooks have tools to reclaim your personal information and use it against you.
8. Spyware and Viruses on Computers. You may not be familiar with the term ‘malware.’ It’s a term that covers all of the hacker tools that can cause harm on your computer. These tools include spyware, keylogger tools, Trojan horses and more.
9. E-mail and Internet Scams. Cyber thieves are getting more and more creative using scams like Phishing, Pharming and fancy come-ons to entice you to give them your personal information.
There Are Four Ways You Can Approach Protecting Your identity...
One way is to do nothing and hope that identity thieves don’t harm you.
Second, you can be reactive. Reactive simply means that you are responding to all the material that comes your way. You are checking your credit card and bank statements to make sure nothing peculiar is on them. And if you do find something strange you contact your bank or credit card company immediately. Reactive also means that you are checking your credit report when you apply for credit or a loan.
Third, you can be proactive. A proactive approach is a more aggressive way of protecting yourself against the bad guys. You are constantly looking ahead and evaluating before giving out valuable information.
And fourth, combine reactive and proactive approaches. This is the best way to ensure you identity protection.
Nine Critical Steps To Proactively Protecting Your identity...
Here are your ‘Nine Proactive Steps To identity Protection:”
1. Begin to operate on an “I have to know everything” approach when you give out your personal information. Only give out your personal information to people you know and trust.
2. Protect your Social Security Number, credit card and other financial information. Do not give this information out over the phone unless you initiated the call or as we stated above are talking to a trusted individual from a trusted company.
3. Cancel all of your unused accounts including banking, credit card, licenses and permits.
4. At least once a year, if not more often, update and check your credit report and Social Security Earnings and Benefits Statement to make sure everything appears as it should.
5. Protect your mail. Make sure you have a secure locked mailbox to receive all of your mail. Always mail your payments and checks from a secure Post Office Box or from the Post Office. And, if you have a Post Office Box at the Post Office never discard your mail in a garbage can. Always bring your entire mail home.
6. Always crosscut shred all bank statements, credit card applications or information and important documents before discarding to recycle or the garbage. It is best to stir up the shredded documents to make it even harder for identity thieves to steal your information.
7. Purchase identity theft insurance. This will cover any losses incurred while recovering your lost identity once a crook has stolen it.
8. Invest in professional grade protection for your computer. The best protection available today comes from Managed Internet Security Service providers. The best security services include best-of-breed corporate grade security software for your computer, as well as unlimited service and support from trained security pros. Make sure it is the same kind of service that is used by major corporations around the world. Frankly, the over-the-counter and free security software programs available don’t keep up with today’s professional cyber thief. If those popular programs worked, why do we see the cyber-crime problem growing at a progressively faster pace?
A managed professional Internet security program should have the following technologies installed: A bi-directional or dual Firewall that prevents information from coming in or going out of your computer without your permission, anti-virus protection that is updated daily, and malware protection that is updated daily. Malware consists of spyware, adware, Trojan horses, keyloggers and more. It constantly changes so you will need a technology that keeps up with the professional hackers who want your identity. Your best bet is to find a professional security service that affordably manages all this for you.
9. Beware of e-mail scams like Phishing and Pharming. Phishing is an e-mail that looks like it came from a bank or business claiming you need to take care of a problem or your account will be closed down. It takes you to a page to fill out your personal information. Meanwhile, Pharming is redirecting your computer from a legitimate to a fake web site. For example, you may think that you are going to your banking site, but instead are redirected to a site that looks like your banks web site, but is hosted by an identity thief.
identity theft continues to grow at a torrid pace. Millions of people in the United States will lose their identity to thieves in the coming year. Many of them will suffer for years trying to clean up the mess that was left behind.
The bad news is we can’t control all of the identity threats we face each day. The good news is there are reactive and proactive steps we can take to protect ourselves against personal tragedy.
Warren is engaged in the cause of educating and protecting people who use the Internet about the threats they face and the inadequacy of the solutions they trust, and over a two-year period has become an expert on PC Security and a passionate advocate of Internet safety. Find out more his campaign for personal and Internet security go to his web site at http://www.completeinternetprotection.com.
Are You a Target for Identity Theft? Equal Opportunity Crime Regardless of Your Age, Race, or Gender
Are you a target for identity theft, or are you sure it will only happen to the other person? Have you already been victimized? When was the last time you checked your credit card and bank statements to see if there are any unauthorized transactions on them? Do you keep your receipts? I could go on with these types of questions, but if you are like most people, you will not know you are a victim of identity theft until it is too late. A recent study shows that nearly 85 percent of the people hit by this crime don’t find out about it until well after the fact.
Just as troubling is a poll just released this passed August by The Gallup Organization and a commercial sponsor, which said about two-thirds of consumers who haven’t experienced identity theft say, it will never happen to them. This is alarming because identity theft is an equal opportunity crime. A person does not need to be wealthy to be a target. As a matter of fact it will strike regardless of your age, race or gender. The elderly and children are prime targets.
Typically, older people have more financial resources then the younger segments of our population; this makes the older people appealing targets. They have a higher credit line, greater home equity and are less likely to report the crime.
Even sadder is the identity theft of our children. Crimes of identity theft of children under the age of 18 have gone over the ten thousand mark this year already. Some experts fear this number is under-reported because victimized youngsters usually don’t find out they have been a victim until they are young adults applying for their driver’s license, college loan or a first credit card.
You can’t entirely prevent identity theft, but when it happens you can minimize the damage through early detection. Sometimes the identity thieves will only charge little things to see if you noticed anything wrong; if you don’t, then they can launch a full scale assault on your accounts. Also they may only take ten or fifteen dollars a month out of your account so you won’t miss it. You may ask why so little amount of money? Think for a minute, if the identity thief had, oh let’s say several hundred or even a thousand accounts that they only took ten dollars a month from, that comes to ten thousand dollars of free income a month.
The CurbVault™ is the most effective theft-proof mailboxes. Its 1/8-inch steel plating is nearly indestructible; guaranteeing that personal information inside won't get into the wrong hands. The CurbVault™ is built in two layers. The first of these is smaller, and can be easily accessed by anyone: this is the outgoing mail slot. The second uses a drop box mechanism to let mail enter, but it makes unlawful retrieval of mail imposable. The only easy way to get the mail out of the CurbVault's™ 3,200 sq. in. interior shaft is to use the special rear-lock door.
The CurbVault™ comes in a variety of colors and can be installed wherever one might put a regular mailbox. Its features are rain channels, mildew-resistant exterior and rust-resistant hinges. Installation is fast and easy; it doesn't require a concrete base to be secure.
To learn more and to ORDER The CurbVault™, contact Mail Theft Solutions, Inc., at 1-866-990-MAIL, or via the web site at: http://curbvault.blogspot.com/ and tell us what you think about the CurbVault™.
Combatants of Identity Theft
Reporting Identity Theft to Credit Bureaus
identity theft occurs when somebody makes use of your personal information without your permission to commit fraud or other crimes. There are steps you can adopt to minimize the risk of falling victim to fraud.
Most importantly, you must report the fraud to your local police department. The other steps you need to take include contacting the fraud Department of your creditors and bank accounts, reporting the fraud to the Federal Trade Commission, and reporting the fraud to the three major credit bureaus, Equifax, Experian, and TransUnion.
It is important to report the fraud to the three major credit bureaus because identity thieves often try to acquire the credit under your identity. While reporting to the credit bureaus about the fraud, ask each credit bureau to take a report and place a fraud alert on your credit report. Ask each credit bureau to send you a copy of your credit report which will help you to verify and find the extent of any kind of illegal or unlawful credit activity that may have happened using your identity. If you have a police report, complaint number or file number from the local law enforcement agency, you can provide that information to the three major credit bureaus. These reports will help them to examine any disputed accounts or other reports of fraud.
The three major credit bureaus provide many services that make the reporting of identity theft or related fraud easier. Now you need to contact and report only one of these three major credit bureaus and they will inform the others. Each credit bureau follows a consistent three-step procedure to post a security alert on the credit file, opt the identity theft victim out of the offers that are pre-approved for credit insurance and mail the identity theft victim a copy of his/her credit file.. If you have a police report then you can get immediate credit report correction or delete fraudulent data without reinvestigation process.
Credit Bureaus provides detailed information on Credit Bureaus, Letters to Credit Bureaus, Major Credit Bureaus, Credit Reporting Bureaus and more. Credit Bureaus is affiliated with Free Online Credit Reports.
Identity Theft - What You Don't Know Can Definitely Hurt You
As the internet technology has made shopping, banking and business transactions more convenient by taking it all online, so has it also taken fraud and thievery to a higher, more technologically-advanced level: identity theft.
What is identity theft? identity theft is the stealing of identity through the internet. But can identity be stolen, you ask. As long as you have Social Security number, bank account number, credit account number, health card number, your identity can be stolen.
The internet is already full of reports on identity theft. How is it done?
identity theft is done by malicious individual entities or groups who may not even necessarily have a thorough know-how on the ins and outs of computer tapping and computer hacking. An unsuspecting individual may make a bank transaction online. As he needs verification with the other party he is conducting business with, he may have to give an Social Security number, or a health security number or credit card or credit account number. identity thieves and identity criminals operate on stealth. They can easily gain access to the information you have divulged to the bank you are transacting with. With these information, they can use your identity, make credits in your account, deposit dirty money for laundering in your bank account, make purchases, buy homes, yachts, travel, drain your funds, and basically just do everything they want using your identity and your life.
Though it is important to understand that these banks, shops, credit companies have gone to extreme measures in protecting their clients’ valuable information and protecting their clients’ identities, these identity thieves are also coming up with methods and techniques in counteracting these protective measures as fast as your banks, hospitals and credit companies make them.
Due to the rampant occurrence of identity theft nowadays, especially with the global commercial interaction through the internet, identity theft is now considered a crime. Recent reports have also shown that identity theft has gone to a higher and larger scale level with identity thieves stealing not only individual identities of common, ordinary people. identity thieves have now also penetrated company identities.
If these identity thieves have gained access to important identities from these large, powerful, protected company, imagine what these identity thieves can actually gain from your unprotected internet-exchanged information. Protect yourself by making sure no one is looking behind your shoulders when typing valuable personal information. Erase and delete all website history and visited web pages before logging off your computer so that no one can access what information you may have just encoded. Apply for monthly credit reports and immediately inform your credit company for any suspicious credit purchases you have not transacted. Read a lot of information, updates and news reports on identity theft and educate yourself on the manner by which these identity thieves operate. And although you cannot directly stop identity theft, you can make it a lot harder for these identity thieves and reduce the chances or possibilities of your identity being stolen by counteracting any new methods they might have on stealing identities.
When it comes to the vulnerability and susceptibility of your personal identification information in the internet, you can never be too careful in preventing identity thefts. Where identity theft is concerned, prevention is definitely better than cure, as the latter may just be a little too late.
JB Anthony is the webmaster of http://www.identitytheft.hottestniches.com For more information on preventing, avoiding and counteracting identity theft in online and bank transactions and other security measures, please visit the site http://www.identitytheft.hottestniches.com
California Lemon Law - Know Your Consumer Right!
Thursday, October 19, 2006
What is california lemon law ?
california lemon law is a state granted consumer-right that safeguards consumers against purchases of faulty or defective (Lemon) products. Although the product may be anything, the california lemon law bears a special allegiance to faulty, malfunctioning automobiles.
Main-points of california lemon law
Also known as Motor vehicle Warranty Rights Act, the california lemon law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement. The lemon law holds the manufacturer responsible for all the defects and problems in a Lemon vehicle. Once the flaws are brought to the notice of the manufacturer, the manufacturer is bound to do the repair-works. In case the manufacturer fails to set the problem right even after some genuine attempts, the company must either replace the defective vehicle or refund the consumer's money.
The Law also empowers the customer to file a lemon lawsuit in any Court of Law if a manufacturer denies to comply with the repair / refund / replacement plea even after the snags in the automobile are detected and proved. Additionally, refund for expenses incurred on various heads like repairing charges, rental vehicle charges and even your lawyer's fees are secured under the california lemon law.
The same set of laws is applicable for leased vehicles as well.
Under What Circumstances Can Consumers Seek Protection Under The lemon law In Calfornia?
california lemon law permits buyers and renters of both new and used vehicles to demand for full refund or replacement when the vehicles are declared 'Lemons' - faulty and unfit for use. However, this declaration calls for the following proof:
- The defect is a manufacturing defect and is certainly not a result of mishandling.
- The vehicle has been repaired at least four times and still the defect persists. (In case of serious defects that can lead to injuries and death, the number of repair attempts has been lowered to two repairs).
- The defect is detected but is not set right within the period of 18 months or 18,000 miles (whichever is earlier).
What The Consumers Need To Do?
The california lemon law truly protects the rights and interests of consumers. However, the customers need to attend specific requirements like:
- Abide by the instructions in the User's Manual while driving or handling the vehicle.
- Take the vehicle only to authorized service centers for all repair-works and servicing.
- california lemon law only recognizes a written complaint sent to the manufacturer as a formal legal notice. For added safety, you may send the complaint through certified mail.
- All the vehicle documents, all repair records, technical reports, etc. should be kept handy because lodging a complaint or filing a case calls for accurate proof.
Unless and until you fulfill all the above requirements, you will not be able to enjoy the benefits and protection offered by the california lemon law.
Summary of author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
Cerebral Palsy Lawyer Consultations
In the United States, three out of a hundred newborn babies are affected by cerebral palsy due to birth complications and doctor's error. To claim compensation to meet medical needs, one requires the help of an experienced and qualified cerebral palsy lawyer.
Medical malpractice laws vary from state to state. The legal system in the United States offers a wide range of benefits for the victims of cerebral palsy. Prior to filing a suit against the doctor, it is necessary to consult a cerebral palsy lawyer who is specialized in handling medical malpractice law.
cerebral palsy lawyer consultation takes place between a lawyer who is experienced to handle birth injury litigations and the person who claims for medical compensation due to birth injury related cerebral palsy. Normally, consultations can be done in person, via the telephone, or through the Internet.
Consulting a cerebral palsy lawyer before filing a lawsuit will help the clients to know about their legal and financial rights. Initial consultation is free of charge. Usually, initial consultation lasts about 30 to 60 minutes. Certain lawyers do not charge fees even if the clients take extra time in initial consultation.
During consultation, lawyers provide free answers to the legal questions of their clients. They can provide you with the best ways to obtain legal status. Besides, meeting with a lawyer can help the clients to stay current on the new laws that affect them.
Free cerebral palsy lawyer consultations are available with certain websites. The websites provide you with an online case review form. In an online case review form, the visitor provides information about victim as well as case description which would be sent for free evaluation to an experienced legal representative. Consulting cerebral palsy lawyers by means of online case review form is free of cost.
Cerebral Palsy Lawyers provides detailed information on cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebral palsy lawyer and more. Cerebral Palsy Lawyers is affiliated with Medical Power Of Attorney.
Medical Malpractice- 10 Reasons Why You Shouldn't Sue Your Doctor
1. You like your doctor
So, what's wrong with that? Nothing. Most of us like our doctors. That's why we trust them and keep going back to them for treatment. But should the fact that you like your doctor prevent you from seeking compensation when he or she committed wrongdoing that caused you physical and emotional injury?
The law in New York permits anyone who has been injured by another to bring a lawsuit for compensation. This law originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good common sense. If another person causes you harm, you are entitled to obtain money to pay for your medical expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.
So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.
2. What good will the money do for you?
This is a common rhetorical question that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again," "The money you're asking for isn't going to change anything..."
However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we obtain for the injured victim? Money is the only thing that allows us to pay the medical bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing medical care and rehabilitation. The injured victim will not be a burden on a City or governmental handout. Money will help his children go to school or camp. Money may help with modifications needed in his home- such as a wheelchair ramp or modified kitchen appliances.
Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully prevent the next person from being a malpractice victim.
3. Your doctor's reputation will be tarnished
Contrary to popular opinion, (or at least from the doctor's insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor's reputation will suffer a blemish if sued, is simply not correct.
4. Your doctor will be banished from his community
Once again, this statement is not true. The doctor will continue to practice medicine (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won't even know of the lawsuit or the award.
5. Your doctor will shut his medical practice
No he won't. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no reason for him to shut his medical practice.
In very extreme cases where the physician is a threat to the health and well-being of his patients, the New York State Department of Health can and will shut down the doctor's practice and revoke his license to practice.
But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.
6. Your doctor may lose his license
Not true. A civil lawsuit in New York has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a New York doctor to lose his license, the New York State Department of Health investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the physician gets to explain what happened and why, the Department of Health reaches their own conclusions about whether treatment was rendered in accordance with good medical care or whether there were deficiencies.
The options to punish or cure the deficiencies are many, and only as the most extreme- and last resort option would the Health Department revoke a physician's license. But simply by bringing a lawsuit against a physician for monetary compensation does not affect his license to practice medicine.
7. Your doctor may alter your records
Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer significant penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not prevent you from investigating and/or pursuing an action on your behalf. There are usually other ways to determine what treatment was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.
8. Your doctor may apologize and tell you it was all a mistake
There are recent medical and insurance studies that have confirmed that when doctors and hospital staff are straightforward and honest about what happened, patients and their families tend to understand that 'not everyone is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange to have the hospital immediately reconcile financially with the patient and his family. The studies indicate this works.
Does that mean that you shouldn't sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to decide whether such an apology is sufficient. Most people will tell you it's not.
9. Your friends and family may think you're a gold-digger
If you live your life concerned about what your friends and family think, then maybe you shouldn't sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.
Some folks simply don't want their friends and family to know they're involved in a lawsuit. The reasons are endless. "I don't want anyone knowing my business." "I don't want my neighbors knowing how much of an award I received." "I don't want my family members asking me for money- this is for my future- I can't work anymore, and I can't afford to give it away." "I don't want my relatives to argue with me about why I sued my doctor."
You must decide for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.
10. Your injuries aren't that disabling
There are cases where the injuries are significant, but have cleared up after many months or years. The fact that you may no longer be permanently disabled is a factor to determine how much your case is worth. If you are no longer disabled- we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are extremely pleased with your recovery. You should know however, that such success means that the value of your case may be limited to the time you were injured and disabled. Most people would agree with this result. You only can receive compensation for the time you were injured and disabled.
Many injured folks may make a recovery, but still be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is generally greater than where you have totally healed.
Attorney Oginski has been in practice for 18 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Clients are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Surgical Accident Lawyers & Medical Malpractice Attorneys
Wednesday, September 20, 2006
Whenever a patient has to undergo a surgical procedure they naturally hope everything will go as planned. Nobody ever wants to think that their surgery will go wrong due to negligence or incompetence, but sometimes accidents do happen.
Surgeons are only human, and sometimes mistakes are made during surgery. It’s unfortunate, but true. One type of surgical mistake that can be made is when an item or instrument, such as a sponge or a scalpel, is left inside the patient. Another type of surgical accident occurs when an incision is made to the wrong body part. Sometimes doctors and their staffs make cuts into the wrong areas of the body and as a result, patients may suffer long term, life-threatening complications as a result of this type of accident.
Another type of surgical accident occurs when the operation takes place on the wrong side or the wrong side of the body. Sometimes the surgeons (or staff) gets confused and cuts into the wrong side of the body. For instance, if the surgery was supposed to be on the left arm, they occasionally make a mistake and operate on the right arm instead. Obviously this can also cause life-threatening complications, including severe infections and unneeded pain and suffering.
In addition to these types of accidents, other surgical mistakes can occur when improper anesthesia is given, or when surgery takes place that is not required. Anesthesia mistakes occur when a patient is given too much, or too little anesthesia is given to the patient.
If you or a loved one has been a victim of a surgical accident, you may be entitled to seek financial compensation for your pain and suffering. Please don’t hesitate, and contact an experienced surgical accident lawyer today.
To learn more about hiring a surgical accident lawyer or filing a surgical accident lawsuit please visit our website at http://www.resource4surgicalaccidents.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
Cerebral Palsy Lawsuits
Among the legal cases tackling medical malpractice, cerebral palsy lawsuits are the most common. In a 1993 in a study of medical malpractices, cerebral palsy lawsuits accounted for 60 percent of the total number of medical malpractice lawsuits in the United States.
The United States is one of the countries that have the most number of cerebral palsy lawsuits. Based on 2002 statistical reports, more than 1,000 medical malpractice payments were made due to obstetrics related malpractice. A mean payment of almost $500,000 was made for such cases. In terms of actual payment, it has also been found that there is a median of 5.56 year delay in the issuance of the costs of actual damages.
There may be several allegations associated with cerebral palsy lawsuits. An example is malpractice in the management of pregnancy that led to further damage to the child who was detected to have cerebral palsy. Such damages may include excessive blood loss or asphyxia or birth trauma. Another common allegation is delay or failure to perform Caesarian operation because of wrong medical findings related to cerebral palsy.
Successful cerebral palsy lawsuits usually involve a great deal of payments made by the accused to the petitioner. In the District of Columbia, the largest medical malpractice related to cerebral palsy cost $24 million. This involves a child who suffered brain damage and cerebral palsy due to the doctor's failure to respond to an airway obstruction. Another costly case involved $10.8 million paid to the family of a child who suffered from cerebral palsy and mental retardation because of the doctor's failure to respond to symptoms of a uterine rupture.
Other successful cases have involved millions of dollars. Other causes are mismanaged labor and delivery and failure to respond to signs of placental abruption. Meanwhile, there are also lawsuits filed against medical malpractice lawyers. In one case, a group of lawyers had to pay $2.6 million for failing to get appropriate medical experts to strengthen the case of mismanaged labor resulting to cerebral palsy.
There are a number of lawyers who specialize in medical malpractices. They can be contacted to assist in filing cerebral palsy lawsuits. Usually, they offer free initial consultation. Others even offer free online consultation.
Cerebral Palsy provides detailed information on Cerebral Palsy, Spastic Cerebral Palsy, Cerebral Palsy Physical Therapy, Athetoid Cerebral Palsy and more. Cerebral Palsy is affiliated with Multiple Sclerosis Treatments.
