Indiana Injury And Family Lawyer Blog

The Electronic Cigarette Association now regulates electronic cigarettes and related products to better protect the public health. These regulations will be an adjunct to the regulations offered by the FDA. In this way, additional measures to support joint objectives to help protect the public from harm.

In fact, the FDA recently sent warning letters out to five electronic cigarette distributor companies following violations of the Federal Food, Drug, and Cosmetic Act (FDCA) including unsubstantiated claims and poor manufacturing practices. According to the FDA, electronic cigarettes must be marketed in a way that meets guidelines set up by the Federal Food, Drug, and Cosmetic Act.  The FDA included information about the Electronic Cigarette Association in these letters.

In order for an electronic cigarette distribution company to obtain FDA approval for operation, the company must show that the manufacturing practices of the company support safety and efficacy. The company must also demonstrate that the strength, quality and purity of the product ties in line with the safety and effectiveness needs of the FDA.

With the help of the FDA and the Electronic Cigarette Association, consumers have another viable means to quit smoking. There disposables and starter kits available so you can see if this remedy is right for you. There are refill cartridges and even vaporizers that help to ensure the purity of the active ingredients in the nicotine product, while avoiding dangerous chemicals found in cigarettes and smelly smoke.  Electronic cigarettes are also offered in various scents, such as apple menthol and cherry. The products consist of two parts:  an atomizer (micro-electronic technology) and the e-cigarette cartridge.

If you are in need of a lawyer, contact Burton Padove at 219-836-2200.

Married couples facing with divorce may be carrying debt load and having trouble with collections, of which they may or may not be aware of. This can have a domino effect, jeopardizing credit worthiness.

Sometimes, finances can get out of control. During these times, it might be wise to keep the following list handy so you understand some of the signs that your credit is out of sorts.

1.  You are unable to make minimum payments on your credit cards or only send minimum payments into your credit card companies to repay your loans.

2.  You do not calculate a budget on a monthly basis.

3.  You were refused credit or a loan by a bank.

4.  You have balances on store credit cards,

5.  You use credit cards for daily household items, such as food or gas.

6.  Creditors have contacted you for payments on bad debt.

7.  You do not have a savings of at least two month’s living expenses in the bank.

When the above mentioned conditions occur, it does not mean that there is no way out. You can refrain from future spending and pay debt off gradually over time. You can take on a second job to pay off debt sooner. When these strategies don not work, you may want to consider bill consolidation bankruptcy or traditional bankruptcy.

Bankruptcy options ma not viable when your credit is out of control. Bankruptcy may be a way to begin to rebuild your credit. You are the only one who can decide if bankruptcy is right for you. Your lawyer can help guide through the options. Be certain to inquire about both Chapter 7 and Chapter 13.Chapyer 13 refers to debt consolidation bankruptcy.

If you are in need of a lawyer, contact Burton Padove at 219-836-2200.

During and after divorce, debt can be a major source of concern. During the process, spouses must be very diligent about monitoring their credit status. Following divorce, one spouse is ordered to pay all or some of their other spouse's bills, but often times fails to do so..Some of the following ideas can be useful for those who may or may not know they are combating debt collectors.

We may all know the best way to combat debt collectors through proactive methods, such as avoiding expenses that do not fit into our monthly budget and paying off credit card debt as soon as the bill comes in each month.  Yet, when it comes to keeping track of credit reporting, we may not know our legal rights and how to protect ourselves from harm. So, take a quick glance at the following list to see if you are keeping up with credit bureaus about your credit worthiness. These rights are provided in your “Credit of Rights”, under the Federal Fair Credit Reporting Act and related laws.

• Quarterly, check your credit report with the three major reporting agencies. You may obtain this report from agencies, such as Equifax.
• Check inquires listed on the report and report any unlawful inquires to the three major credit bureaus.
• If information is incorrect, you may dispute the information and should correct the information with the three major credit reporting agencies.
• Poor credit information should be removed from your report after seven years.  Bill consolidation bankruptcy may be removed from your report after six years and traditional bankruptcy after ten years.
• Describe any reason for derogatory information on the special space provided in your credit report. .
• Consider bringing disputes to small claims court, if the dispute cannot be resolved through the credit bureau.
• If you are refused credit, find out why within ten days of the refusal.
• If you cannot obtain a checking account, check into special accounts offered by banks, such as First National Bank and Wells Fargo.

If you are in need of a lawyer, contact Burton Padove at 219-836-2200.

Debt and financial issues can be a major cause of disharmony in marriages.  This is especially true in Lake County and Porter County Indiana. These counties have experienced a downturn in several types of industries due to the difficult economic climate. Thus, debt load is high. And bankruptcies and divorces are increasing.  The following ideas and solutions may be helpful:

There is good news when it comes to resolving debt issues and the consequences of bankruptcy.  In fact, there are several methods available to repair your credit following debt accumulation, delinquency and/or bankruptcy.  In fact, it’s important to know that your credit life does not have to not come to an end following serious debt delinquency or bankruptcy. Check out some of the ways that you can repair your credit!

Secured Credit Card: People with little, no or bad credit can establish a line of credit by placing a certain amount of money into a secured savings account which is designed to match your credit line. In other words, your credit line will match the amount of money you place into the savings account. This type of account does not allow you to withdraw the money you deposit unless you choose to close the account or reduce your credit line. Yet, you can use the secured card to make purchases which will help you to establish credit. Credit is established once you make payments to the secured credit card company following purchases. Both Visa and MasterCard have secured credit card options available. The banks associated with such cards include: Capitol One, HSBC, and Bank of America.

Unsecured Card: The next step is to acquire an unsecured credit card. There are numerous lenders available that provide unsecured cards to people with poor credit histories. These lenders include: First Premier Bank and HSBC/Orchard Bank.

Department Store Credit Cards: Once an unsecured credit card is obtained, department store credit cards can be a great way to further increase your level of credit worthiness. The types of department stories that are most likely to offer credit cards for people with poor credit histories include: furniture stores and discount stores like Target.

Secured Bank Loan: A secured bank loan is another method for leveraging your credit worthiness. This involves obtaining a personal loan that is secured by a savings account (much like a secured credit card).

Car Loan: There are car dealers who have contacts with finance companies that finance cars for those who have poor credit histories.

Home Loan: Once you have secured a car loan and a year after you have eliminated your debt, you are likely to qualify for a home loan. FHA (Fist Time Home Buyers) and VA (Veterans Administration) offer the best interest rates for home buying, but there are numerous lenders that offer home loans. You may also choose to investigate bank loans.

If you are in need of a lawyer, contact Burton Padove at 219-836-2200.

Consumers who purchased entertainment center model names Arts and Crafts, Vineyard Manor, Lake Cottage, Studio One, West Indies and Plantation Cove were not aware that their $1500. plus purchase posed a risk for injury and property damage until recently. The models were sold at Value City Furniture, Rooms Today and American Signature Furniture stores from late 2002 through end of 2009.

Since then, four adverse events reports were filed, including a child whose fingers were hit by a falling shelf, an adult who had to receive stitches in their mouth and two other parties who experienced property damage- all following the fall of a shelf on the entertainment center.

The centers' shelves can detach falling onto people or releasing objects on the center into the air or floor such as a T.V.

Each year, thousands of products are called after the reach the mainstream consumer market. Unfortunately, defects in products may not be discovered until someone suffers serious injury. For this reason, it is important to read instruction manuals provided with products where you can find a list of the identified risks associated with the product. It is also wise to visit the manufacturer’s website from to time to time to see if the product has been recalled following your purchase. This may appear to be a tedious task. However, doing so can help you to avoid unnecessary risks.

If you or a loved one has been injured by a defective product, contact Burton Padove at 219-836-2200.

The Indiana Department of Environmental Management (IDEM) recently issued ArcelorMittal Burns Harbor a landfill permit, despite those who are concerned about mounting waste piles that have accumulated at the property over the course of many years such as the pile known as the Easterly's Pile. According to a 2010 IDEM inspection report, the Easterly pile contains 274,000 cubic yards of basic oxygen furnace sludge, burnt lime and rubble. It is situated roughly 200 feet from the Indiana Dunes National Lakeshore and Lake Michigan.

It has been determined that the company will move some of the company’s rubbish to the approved landfill, while the rest will be recycled. Under state law, a mill can stockpile waste for recycling for up to six months. After six months, waste is presumed to be an open dump which is illegal.

Companies that store rubbish negotiate with recyclers to purchase their rubbish. The company with the rubbish or a company they send the rubbish to may “prepare” the rubbish, with the goal to keep useful chemical agents and get rid of harmful ones. Once the useful chemicals are sold, they may be used in manufacturing products for daily use.

However, the regulation process for environmental safety may not be adequately enforced so there may be a risk that harmful chemicals exist in our waters and in daily use products. Such harmful chemicals may be PCB’s, mercury, lead, asbestos, benzene, and mold. These agents are linked to a variety of medical conditions. For example, fluorescent lighting containing mercury used in the 1970’s has been linked to cancer. But, let’s take a closer look at how harmful chemicals can penetrate the air, waters and our bodies.

How about PCB’s? PCB’s have been linked to acne like skin rashes, neurobehavioral and immunological changes, anemia, liver dysfunction, stomach and thyroid gland impairment, and cancer. PCB’S existed in old lighting fixtures and electrical appliances such as TV’s and refrigerators. When these appliances were heated up, they released PCB’s into the air. For this reason, appliances are not made with these harmful chemical any longer. However, where do you store such harmful chemicals?

PCB’s can contaminate soil, groundwater and bodies of water.  These harmful chemical agents travel as a vapor through the air. So, food can be contaminated, particularly fish, meat and dairy products. The Department of Health and Human Services (DHHS) agrees that PCBs are reasonably considered carcinogens that cause cancer. The Environmental Protection Agency (EPA) and the International Agency for Research on Cancer (IARC) have determined that PCBs are more than likely carcinogenic to humans. By the same token, the risk relates to the extent of PCB exposure. People who have been exposed to excessive PCB levels such as workers at plants have an increased risk when compared to the general public. In fact, water authorities have identified what a “safe” level of PCB’s is for water.

If you are concerned about your environmental safety, contact Burton Padove for a free consultation at 219-836-2200.

Recently, the National Highway Traffic Safety Administration received a Defect Information Report from Lexus, a division of Toyota Motor Sales, USA, Inc. The report disclosed defects on roughly 138,000 Lexus vehicles.

Lexus believes that a change in the manufacturing process has led to the risk of foreign material contaminating some of the valve springs. If this occurs, the engine may cease while driving, posing a risk for serious injury and death. Though the risk is suspected to be rare, it is important for manufacturers to disclose such risks. It is not known for certain if a person driving an affected Lexus would receive a warning sign (engine noise) before the engine would cease.

The report shows that the problem may affect Lexus vehicles powered by 4.6 and 5.0 liter V8 and 3.5 liter V6 engines in certain 2006, 2007 and 2008 GS, IS and LS models in the U.S.

Lexus has received no reports of accidents or injuries to date.

This is another reason for people involved in car accidents who suffer serious injuries to contact a personal injury attorney. Personal injury attorneys have access to experts who can identify defects in cars that may have been responsible for the accident. They also report their findings to car manufacturers. In this way, personal injury attorneys can be another arm in the check and balance system for car safety.

Toyota defects have been a hard hitting topic for media outlets over the past year. Thousands of Toyota vehicles have been recalled following reports of serious injury and death. However, other vehicles are not necessarily immune to defective parts. There have been other car manufacturers that have reported defects in the past year.

If you or a loved one has been injured in a car accident, contact Burton Padove for a free consultation at 219-836-2200.

It is not uncommon for medical and legal issues to be intertwined. Whether related to best practices for patient care, patient housing, financial needs, benefit eligibility, child-support coverage, guardianship, or criminal related medical issues, there is likely to be a need for patients to have the support of a lawyer when contending with critical illness. Yet, this is often the last thing that a patient thinks about when facing a life threatening illness.

It is for these reasons that a partnership developed between lawyers and doctors at Wishard’s Pecar Health Center two years ago with the help of the Neighborhood Christian Legal Clinic and Indianapolis Legal Aid Society. Since then, numerous partnerships have surfaced in several Indiana areas. In fact, the partnership that initially focused on Wishard’s Pecar Health Center has recently discovered that approximately 30% of the legal cases they manage relate to housing issues that will people contend with. Guardianship is also a big concern.

On June 15, the American Medical Association’s resolution passed in the House of Delegates to support these kinds of partnerships. Some of the types of legal issues that ill people may contend with include, but are not limited to:

• Guardianship provides for a guardian to be put in place should an ill person be unable to make healthcare and financial decisions, including the preparation for legal documentation that outlines the assignment of a representative payee or fiduciary.

• Financial issues may include guardianship issues and the preparation of wills or trusts.

• Housing legal services may relate to landlord tenant issues such as inability to pay rent or eviction notification.

• Benefit eligibly issues may relate to the insurance appeal process, when an insurance company denies pre-authorization for treatment or an insurance claim.

• Criminal related medical legal issues may surface when a patient has been a victim of domestic violence or rape.

• Best practices for patient care relate to the patient bill of rights, which when questioned or violated lawyers are often required to share information that may be otherwise unobtainable.

If you or a loved one is facing medical legal issues, contact Burton Padove who is keenly familiar with medical legal issues.  Burton Padove is an Indiana personal injury lawyer who offers a free consultation when calling (219) 836 2200.