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Living Wills

A living will is designed for adults to be able to express their wishes concerning their own medical care when they are still in a position to communicate their desires. Living wills have been the subject of much controversy and debate in recent times.

There are many compelling reasons to have a written declaration concerning your medical care:

  • There might come a time when you are too ill to express your wishes
  • Your family members might not agree regarding health care decisions on your behalf
  • You can express your desires to your family members so they will know what decisions to make concerning your health care
  • You can remove the burden of making difficult decisions from your loved ones.

If you are in an incurable or irreversible condition, a living will can inform a doctor whether to use extreme life-saving measures such as life support or not, or whether to give or withhold artificial nutrition. Most states allow an individual who is of sound mind and 18 or older to execute a declaration controlling the withholding or withdrawal of life-sustaining treatment. This declaration must be signed by the declarant, or at the declarant’s direction, and witnessed by two individuals.

Healthcare Power of Attorney

A healthcare power of attorney is a document that gives another person the authority to make healthcare decisions for you in the event that you become incapacitated. This document would cover instances in which you are unconscious or unable to communicate and a decision is needed regarding surgery or other medical treatment. A healthcare power of attorney compliments a living will in that it covers those situations where you may be incapacitated, but your medical condition is not so grave that your living will becomes effective. A healthcare power of attorney is recommended in addition to a living will.

You should discuss with your family members and/or the person you designate as your health care proxy what types of end of life medical treatments you want. Your doctor should be able to assist you by answering any questions about certain medical treatments you may have. Once you have made your decisions, make your wishes known.

There are lawful requirements that must be followed in order to execute a legally binding Living Will or Healthcare Power of Attorney. If you would like to discuss your options, or need further consultation in this area, please call Law Offices of Gary Green toll free with no obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:41

Stock and Securities Fraud

Written by Law Offices Of Gary Green

Stockbroker fraud or negligence can include misrepresenting stocks or risks, recommending unsuitable stocks, charging excessive transaction fees, or failing to diversify an investor’s portfolio. It is a stockbroker’s responsibility to consider their client’s best interest in all investment transactions.

Most investors have little time to properly research the myriad of entities whose securities trade each day. As such, the majority of investors leave that task to stockbrokers and financial planners. Unfortunately, some of those investors end up wishing they had done their homework themselves.

The overwhelming majority of investment professionals are honest, hard working individuals. Nevertheless, each day stockbrokers are accused of cheating their clients. The increase in security-related lawsuits over the last two decades is startling.

It seems that almost daily we hear national news stories about investors losing substantial amounts of money in their investment portfolios. Unfortunately, many of the losses are attributable to securities fraud.

Often, victims of investment fraud have lost a significant portion of their life savings and we understand it may be impossible to recover. As a result, victims of stockbroker and investment fraud deserve strong and effective representation.

If you have lost more than $200,000 out of pocket in your broker managed investment account, and suspect fraud or mismanagement, it may be important to contact an attorney who can help you protect your legal rights. Please contact Law Offices of Gary Green toll free and without obligation to discuss your legal options regarding stock and securities fraud at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com. Please keep in mind that there may be time limits within which you must commence suit.

Friday, 21 May 2010 22:41

Business and Commercial Litigation

Written by Law Offices Of Gary Green

Business litigation deals with the legal problems arising from commercial and business relationships including litigation of controversies arising from those relationships. Business and commercial litigation law includes evaluating, handling, and resolving such controversies before state courts, federal courts, administrative agencies, mediators, and arbitrators.

We offer percentage and hybrid fees to help finance the cost of business litigation. To submit or discuss a particular situation please contact Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Law Offices of Gary Green is located in Little Rock and serves clients throughout Arkansas and across the country.

Incorporation and a limited liability company are both ways to attempt to avoid personal liability by creating a separate legal entity that is recognized as a person under the law. A limited liability company (LLC) is a legal form of business offering limited liability to its owners. It is similar to a corporation and is often a more flexible form of ownership, especially suitable for smaller companies with a limited number of owners.

If you choose to limit liability in this way, it is important to remember that the mere fact of incorporating the business or forming the limited liability company is not enough. You must hold out for the world to see that they are dealing with a separate entity and cannot reasonably expect personal liability from the owners of the business. In this regard, the name of the business should always show the limited designation when the name is displayed, e.g., on signage, stationery, business cards, etc. In addition, when signing for the company the signer should always have a title following the signature, e.g. John Doe, President. In case the corporate or limited veil is pierced, liability insurance is always recommended to a business owner.

The main difference we find between corporations and limited liability companies is the record keeping requirements. A corporation can have its corporate veil pierced for not keeping corporate records, while a limited liability company is not expected to keep much in the way of records beyond its annual franchise tax requirement and income tax reporting requirements.

Corporate records should be kept of all major transactions and updated at least annually. These record keeping requirements are statutory and are not as stringently found in the later-year statutes, which allow the creation of LLCs. LLCs pass all income directly to the members, with no lower taxation applicable to the LLC entity.

While limiting liability is probably the most important reason for forming a small company, tax treatment is also a consideration. Companies are usually taxed at a lower rate than a high-income individual is and corporations sometimes can elect a fiscal year end other than the calendar year while LLCs cannot elect a year end other than the end of the calendar year.

Without giving tax or securities advice, our fee for incorporating a small business or forming a limited liability company in any state in which we have an office is $500.00 plus costs. Costs include filing fees at the Secretary of State’s office, initial franchise taxes, and the cost of a corporate record book. Costs vary from state to state but usually do not exceed $200.00.

Contact the attorney manager of Law Offices of Gary Green in the state in which you reside for this service or for any questions or additional information contact us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:15

Truck Accidents

Written by Law Offices Of Gary Green

Representing victims of truck accidents and tractor-trailer wrecks presents a challenge and complexity not experienced in other types of wrecks. The attorneys of Law Offices of Gary Green have risen to that challenge many times. The resulting catastrophic injuries alone make trucking accidents and tractor-trailer wrecks distinct from all others, but the resulting compensatory offers make these wrecks dangerous to the unwary even after the wreck. Our experienced lawyers know what you can expect to face and can help you find justice—no matter how evasive it may seem.

A trucking accident and tractor-trailer wreck that involves a motor carrier regulated by the U.S. Department of Transportation (DOT) has built-in protection for an injured consumer. The problem is that the carriers will not disclose that they have excess insurance policies beyond the primary policy without your filing a suit:

  • They will not tell you that the driver of the DOT-regulated vehicle is their statutory employee, regardless of the fact that the driver might be an owner-operator and might have a contract with the regulated company, which refers to the driver as an owner-operator.
  • They will not tell you they are responsible for the actions of that driver as long as the driver acted within the scope of that statutory employment.
  • They will not tell you they have valued your claim at 5 times or 10 times the set amount when they are really only offering you the base amount for a full release of your right to sue.

Before sorting out all the experts for proving the catastrophic injuries, experts should be consulted regarding liability. It is not an accident when the risks for tractor-trailer wrecks are well established and can be avoided. A reconstruction expert should be called while evidence is still fresh. Reliance on old evidence can disqualify an otherwise good expert and keep the video reconstruction that helps the jury follow your theory of liability out of evidence. Satellite GPS records and electronic control modules must be identified and read before they are destroyed – usually within 90 days as a standard operating procedure for most companies.

Almost every 18-wheeler case should plead negligent supervision, negligent hiring, and negligent retention, as these facts usually are usually borne out through discovery all the way up to trial. The driver’s logs, driver qualification file, and driving record should be reviewed. Then depositions should be taken of the trucking company’s safety director, corporate representative,

relevant dispatcher, and others having knowledge of the wreck.

The condition of the tractor-trailer and its brakes should be considered. Trucks are often poorly maintained and driven by truckers with serious safety deficiencies. An alarming number of these drivers are fatigued, under the influence of drugs, or medically disqualified to drive a truck.

We have handled claims against

  • Watkins & Shepard Trucking, Inc.
  • Cal-Ark International, Inc.
  • USA Motor Express
  • J&P Trucking
  • Autobahn Freightliners LTD
  • National Bus Carriers LTD
  • Weston Transport
  • Woody Bogler Trucking
  • USA Truck, Inc.
  • Landstar Ranger, Inc.
  • Graham Trucking, Inc.
  • Stuart Small Trucking
  • Star Transportation, Inc.
  • A&J Transportation
  • West Florida Transport
  • Clarksville Refrigerated
  • D&H Trucking
  • Werner Enterprises
  • All American Bottling Corporation, LLC
  • Callaway Transfer and Storage
  • PSM, Inc.
  • Gail Stuart Trucking, Inc.
  • Willis Shaw Express, Inc.
  • Paccar, Inc.
  • Central Hauling Company
  • J.L. Trucking
  • Jacobson Transport Company, Inc.
  • Strimbu Transport, Inc.
  • Lance Trucking, LLC
  • Roadway Express
  • Schneider National, Inc.
  • JNJ Express

There is a lot of work to be done, and it takes a lot of money and people to do it. Law Offices of Gary Green has been there before. If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation, 1-888-442-7947; or send us an e-mail at ggreen@gGreen.com.