Friday, July 27, 2007

Derechos de Indocumentados - Univision.com

I saw Univision's presentation entitled "Retratos de los Invisibles de Estados Unidos", which translates to "Pictures of the Invisible in the United States". It aired yesterday, Thursday 7/26/07. It is a documentary that depicts the CRUEL AND UNUSUAL PUNISHMENT that illegal immigrant families face when ICE officials deport part or all of the family. Is it not cruel to tear apart your father or mother or both in front of your eyes? Or is it not cruel to take away a single mother, leaving behind a 7 year old and a 6 month old??? Please tell me that Americans see something wrong with this! How can you leave an infant by himself? He can't walk, talk, feed himself, not even go pee or poop by himself. That is what I saw on the documentary. Luckily the mother re-entered to reunite with her kids - and hide once again as an "invisible". I'm not saying that it's OK to let illegal immigrants come here. I'm just saying, don't leave infants to fend for themselves. Let them go with their mothers or provide a safe place for them to stay at. One other thing, only a couple of the hundred people they interviewed had criminal records - prior illegal entry. 99.99% of those caught were just hard-working people who are responsible for the well-being of this country. Why don't they fine the corporations that knowingly hire them? If companies did not hire them to begin with, I guarantee they would not come. But we all want to get the hamburger for $0.99 with all the fixings - lettuce, pickle, ketchup...Would you rather pay $1.99 for it???

In univision.com, they quote the ACLU as saying that all people in this country have certain rights - including Constitutional rights. I am including these below, in Spanish:


Si es detenido, la ACLU recomienda:
Debe ser cortés y respetuoso.
Mantenga la calma y controle sus palabras, conducta física y sus emociones.
Nunca discuta con la policía o el agente que lo arresta.
Acuérdese que todo lo que diga o haga puede ser usado en su contra.
Mantenga las manos a la vista de la policía o del agente que lo detiene.
No trate de escapar.
No toque al agente que lo detenga.
No se resista al arresto.
No se queje.
No mienta.
No diga nada. Sólo que quiere llamar a un abogado.
No ceda sus derechos hasta que tenga un abogado que lo represente.

Thursday, July 26, 2007

Insurance Companies Must Have one Dominant Law - Don't Pay Only Collect

Sure enough, the insurance company will not concede that a third-party professional appraiser is correct in their estimation of Diminished Value. They want to know how they arrived at 35% of the car's value to estimate the Diminished value. They want us to go to an AUDI dealership to confirm that it is no longer a AUDI certified used car. It was in an accident that required 5 hours of body repair. I wouldn't pay the money as a certified AUDI. If I buy a certified luxury used car I expect it to be in no accident - that is why I want a luxury car - for a wrecked car I can just buy a non-luxury car for pocket change. Buyers of luxury cars pay the extra money to get an "extra" clean car - no accidents!

Wednesday, July 18, 2007

Update on our Diminished Value Claim for AUDI A4

The insuranc company claimed to have sent us a letter last Monday. We never got it. So my wife called them and they faxed us some questions concerning how we came up with the DV amount. My wife explained how we hired a professional third-party appraisal service. They based their estimate on a mechanic shop that was approved by State Farm. They performed 5 hours of work, including fixing for frame damage. Rosy faxed back her answers. We have not heard from them yet, the fax was sent last Thursday.

Tuesday, July 17, 2007

9-11 Workers Sue $1B Insurance Fund

Per The Associated Press: WTC workers "have already filed a class action lawsuit claiming the toxic dust from the World Trade Center site gave them serious, sometimes fatal diseases".
Click here to read the whole story.

Saturday, July 14, 2007

I just read in Business Week online (article title: The Gandhi Protests)
"Joining the Chorus
Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas"). "

As you can see, the Immigration issue affects much more than low-skilled labor. It also involves high skilled professionals. In fact, much of this country is dependent on immigrant labor - from harvesting fruits and vegetables to helping this country compete in the technical arena. I also know that hiring a lawyer for your legal issues concerning immigration is a good idea and pays in the long run.
I was reading a post where a pregnanat lady was laid off from her job due to her working with medical equipment which would be dangerous for her unborn baby. She was wondering if she could sue the company for being laid off just because she's pregnant. I believe she is entitled to get her job back after her baby is born. I believe that in the USA this is covered under the FMLA - Family Medical Leave Act. I believe this says that she can take up to 12-16 weeks off due to having a baby and the employer has to keep her job - maybe they don't have to pay her, but they have to keep her job open for her, I believe. Check with a lawyer if you are under these circumstances.

Wednesday, July 11, 2007

Diminished Value of Automobiles after an accident


One of the auto insurance industry's best kept secret is the concept of Diminished Value. Diminished value is the term given to the loss in market value a vehicle suffers as a result of an accident. Even after the insurance company pays for the repair, you should inquire about Diminished Value because potential buyers will no longer want to pay the same price for the car. Hence, the value of the car has diminished. My wife was recently involved in a car accident, where her AUDI A4 was rear-ended. The insurance company of the person at fault was quick to offer $500 as a total amout to close all transactions. They had already paid for all repairs totaling several thousand dollars - AUDIs are expensive to repair.

We filed for a Diminished Value appraisal from Autoloss.com. Still in process, but we will update you on what the outcome is...please come back to find out.

Monday, July 9, 2007

More on mesothelioma



Source: www.cancer.gov:

What are the risk factors for mesothelioma?



Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 70 percent to 80 percent of all cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos.

Asbestos is the name of a group of minerals that occur naturally as masses of strong, flexible fibers that can be separated into thin threads and woven. Asbestos has been widely used in many industrial products, including cement, brake linings, roof shingles, flooring products, textiles, and insulation. If tiny asbestos particles float in the air, especially during the manufacturing process, they may be inhaled or swallowed, and can cause serious health problems. In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney.

Smoking does not appear to increase the risk of mesothelioma. However, the combination of smoking and asbestos exposure significantly increases a person’s risk of developing cancer of the air passageways in the lung.


Who is at increased risk for developing mesothelioma?



Asbestos has been mined and used commercially since the late 1800s. Its use greatly increased during World War II. Since the early 1940s, millions of American workers have been exposed to asbestos dust. Initially, the risks associated with asbestos exposure were not known. However, an increased risk of developing mesothelioma was later found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other tradespeople. Today, the U.S. Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure.

The risk of asbestos-related disease increases with heavier exposure to asbestos and longer exposure time. However, some individuals with only brief exposures have developed mesothelioma. On the other hand, not all workers who are heavily exposed develop asbestos-related diseases.

There is some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos-related diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibers, asbestos workers are usually required to shower and change their clothing before leaving the workplace.


What are the symptoms of mesothelioma?



Symptoms of mesothelioma may not appear until 30 to 50 years after exposure to asbestos. Shortness of breath and pain in the chest due to an accumulation of fluid in the pleura are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

These symptoms may be caused by mesothelioma or by other, less serious conditions. It is important to see a doctor about any of these symptoms. Only a doctor can make a diagnosis.


How is mesothelioma diagnosed?



Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient’s medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful. A CT scan is a series of detailed pictures of areas inside the body created by a computer linked to an x-ray machine. In an MRI, a powerful magnet linked to a computer is used to make detailed pictures of areas inside the body. These pictures are viewed on a monitor and can also be printed.

A biopsy is needed to confirm a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist (a doctor who specializes in diagnosing and treating cancer) removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. If the cancer is in the abdomen, the doctor may perform a peritoneoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument called a peritoneoscope into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.

If the diagnosis is mesothelioma, the doctor will want to learn the stage (or extent) of the disease. Staging involves more tests in a careful attempt to find out whether the cancer has spread and, if so, to which parts of the body. Knowing the stage of the disease helps the doctor plan treatment.

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.


How is mesothelioma treated?



Treatment for mesothelioma depends on the location of the cancer, the stage of the disease, and the patient’s age and general health. Standard treatment options include surgery, radiation therapy, and chemotherapy. Sometimes, these treatments are combined.


Surgery is a common treatment for mesothelioma. The doctor may remove part of the lining of the chest or abdomen and some of the tissue around it. For cancer of the pleura (pleural mesothelioma), a lung may be removed in an operation called a pneumonectomy. Sometimes part of the diaphragm, the muscle below the lungs that helps with breathing, is also removed.


Radiation therapy, also called radiotherapy, involves the use of high-energy rays to kill cancer cells and shrink tumors. Radiation therapy affects the cancer cells only in the treated area. The radiation may come from a machine (external radiation) or from putting materials that produce radiation through thin plastic tubes into the area where the cancer cells are found (internal radiation therapy).


Chemotherapy is the use of anticancer drugs to kill cancer cells throughout the body. Most drugs used to treat mesothelioma are given by injection into a vein (intravenous, or IV). Doctors are also studying the effectiveness of putting chemotherapy directly into the chest or abdomen (intracavitary chemotherapy).

To relieve symptoms and control pain, the doctor may use a needle or a thin tube to drain fluid that has built up in the chest or abdomen. The procedure for removing fluid from the chest is called thoracentesis. Removal of fluid from the abdomen is called paracentesis. Drugs may be given through a tube in the chest to prevent more fluid from accumulating. Radiation therapy and surgery may also be helpful in relieving symptoms.


Are new treatments for mesothelioma being studied?



Yes. Because mesothelioma is very hard to control, the National Cancer Institute (NCI) is sponsoring clinical trials (research studies with people) that are designed to find new treatments and better ways to use current treatments. Before any new treatment can be recommended for general use, doctors conduct clinical trials to find out whether the treatment is safe for patients and effective against the disease. Participation in clinical trials is an important treatment option for many patients with mesothelioma.

People interested in taking part in a clinical trial should talk with their doctor. Information about clinical trials is available from the Cancer Information Service (CIS) (see below) at 1–800–4–CANCER. Information specialists at the CIS use PDQ®, NCI’s cancer information database, to identify and provide detailed information about specific ongoing clinical trials. Patients also have the option of searching for clinical trials on their own. The clinical trials page on the NCI’s Cancer.gov Web site, located at http://www.cancer.gov/clinical_trials on the Internet, provides general information about clinical trials and links to PDQ.

People considering clinical trials may be interested in the NCI booklet Taking Part in Clinical Trials: What Cancer Patients Need To Know. This booklet describes how research studies are carried out and explains their possible benefits and risks. The booklet is available by calling the CIS, or from the NCI Publications Locator Web site at http://www.cancer.gov/publications on the Internet.

Source: www.cancer.org:

Malignant Mesothelioma


Tumors of the mesothelium can be non-cancerous (benign) or cancerous (malignant). A malignant tumor of the mesothelium is called a malignant mesothelioma; however, malignant mesothelioma is often simply called mesothelioma.

Malignant mesotheliomas are divided into 3 main types:

epithelioid

(50% to 70% are of this type -- this type has the best outlook for survival (prognosis)

sarcomatoid

(7% to 20% are of this type)

mixed/biphasic

(20% to 35% are of this type)
Treatment options are the same for all 3 types.

About 75% of mesotheliomas start in the chest cavity. They are known as pleural mesotheliomas. Another 10% to 20% begin in the abdomen. These are called peritoneal mesotheliomas. Pericardial mesotheliomas start in the cavity around the heart and are very rare. The covering layer of the testicles is actually an outpouching of peritoneum into the scrotum. Mesotheliomas that affect this covering of the testicles can occur but are quite rare.

Source: http://www.mesothelioma-source.org/

Asbestos as the Primary Cause of Mesothelioma


Asbestos is a type of insulation material, which was used widely in the past in the following industries:

Construction industry
Ship building industry
Automotive industry

Other manufacturing industries

Mesothelioma occurred most often in persons who worked in the above industries and were exposed to asbestos in their workplace. The use of asbestos was very widespread after 1945. However, first symptoms of mesothelioma may not become apparent 10-40 years after the initial exposure, which makes it very hard to diagnose. The peak in mesothelioma cases is expected to be reached around 2010 according to some studies. There are three most commonly used types of asbestos: white, brown, and blue. Brown and blue asbestos are most commonly associated with mesothelioma. These types of asbestos have been banned by most countries in the 1990s.

Asbestos is a very dangerous substance and can cause a lot of damage to your health. It is made up of very small fibers, which can find their way to pleura (outside lining of the lung) and damage the cells pleura is made of. These fibers can also be carried on clothing, which makes them dangerous not only to the person exposed to asbestos, but to their family members as well.

Note of Urgency


Mesothelioma is a life-threatening disease and cannot be left untreated. The sooner it is diagnosed the better a patient's chances are of fighting this deadly cancer. Please contact a qualified physician immediately if you or someone you know has been diagnosed with mesothelioma.




















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Preface: I am NOT a lawyer, but I am an avid researcher. I have always wanted to be a lawyer, ever since middle school. Unfortunately, I am an engineer by profession. However, in this blog site I hope to provide legal help by defining legal terms, present case studies and maybe refer you to legal practices where you can talk to a lawyer.

Today we live in a lawsuit-happy world. You've heard of the McDonalds case, where a woman was awarded a LOT of money for spilling coffee on herself. There are many other such cases, which I hope to talk about here in the near future. That way you can be informed on what others are getting paid for.


I also plan to provide information on the following topics (but not limited to...)


1. Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the sac lining the chest or abdomen. Exposure to airborne asbestos particles increases the risk of developing malignant mesothelioma
2. Asbestos
3. Driving Under the Influence (DUI) - I figure if Paris Hilton got in trouble for it, you may too
4. DWI
5. Immigration
6. Drugs (DEA)
7. Car Accidents
8. Diminshed Value
9. Malpractice
10. Wrongful Death
11. Negligence
12. Workers Compensation
13. Agricultural Pesticides and Chemicals

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About Me

I am an engineer with a fortune 500 company, but willing to go somewhere else if the deal is right. I specialize in Digital electronics design including Field Programmable Gate Array (FPGA) design.