Elder Law

Elder law, or senior law, is a group of laws whose main goal is to promote the interests and protect the welfare of the elderly. The enactment of elder laws is in recognition of the fact that the population of older individuals are increasing through the years. This means, the federal government and the state will be facing numerous issues related to ageing. In the United States, "elderly" is legally defined as people over the age of 60 years old.

There is no statute that codifies these laws under one umbrella. Rather, elder law is a combination of federal and state legislation, administrative rules and regulations, and court decisions. The Older Americans Act is the most significant legislation on the elderly. The OAA do not just aim to provide benefits and assistance to the elderly but also fund research on issues relating to ageing, such as diseases. The OAA has been amended numerous time to address current issues of the elderly and to include a comprehensive view of ageing, such that family members and community members are included as partners in providing support for the elderly.

While elder law encompasses numerous other laws related to ageing, it focuses on three issues: estate planning, long-term care, and guardianship. Estate planning is a process that is not necessarily only undertaken when one has reached the age of 60. Estate planning can be set up early in life and amended throughout the lifetime of the individual. With estate planning, the elderly will plan how they will be taken cared of when they are no longer able to do it themselves. This includes ensuring that the elderly's insurance and healthcare providers provide the care that they promised in their policies. Estate planning also involves deciding where the elderly's properties are going or how these properties are to be disposed of. Estate planning is meant to be comprehensive, which means all aspects of the life of the elderly must be planned out in preparation for disability or death. The most crucial part of estate planning is the drafting of a will to avoid future family conflicts.

On the aspect of guardianship, the elderly can appoint a family member or another person to take care of him when he can no longer care for himself. The appointment of a guardian can be done by oral directive but is best, and cautionary, to executive a power of attorney stating such appointment so that there will not be any dispute over the guardian's authority. In cases when the elderly do not have close family members who can take care of him, there are laws existing for the appointment of a guardian.

Elder law is a special area of the law that recognizes the valuable contribution of elderlies to the society. The elderlies get more vulnerable as they grow older, thus the country, under the doctrine of parens patriae, has the obligation to protect this group of people. Especially when one has become sickly due to age, it is best to consider hiring an elder law attorney to discuss the rights and benefits due to the elderly.


Areas of Law

Truck Accident Law - Legal Information and Resources

Truck Accident

Truck accidents, like motor vehicle accidents, cause numerous personal injuries and deaths each year in the United States. While not as common as car accidents, truck accidents bring greater damages due to their size and weight. Trucks defined as commercial freight trucks, commonly known as 18-wheelers. Federal laws govern the trucking industry as they are part-and-parcel of interstate commerce. The federal government establishes the manufacturing standards of commercial and heavy trucks and regulates the use and operation of these trucks. States also have their own laws and regulations relating to trucks and truck accidents.

Truck accident law ensures that personal injuries sustained by occupants of a passenger vehicle as a result of a collision with an 18-wheeler is adequately compensated. Like all personal injury cases, the foremost consideration when determining liability in truck accidents is negligence. The most common party who is negligent would be the truck driver, and because truck drivers are professional drivers, multiple sources of law will apply. The truck driver, however, may not be the only party who acted negligently. Proving negligence on the part of other possible responsible parties may not be as easy as proving negligence on the part of the truck driver.

Truck accidents differ from motor vehicle accidents because the determination of who is at fault is more complicated. Because of the commercial nature of trucks, there are many parties that could be possibly liable for the damage or the death. Responsible parties could also include the truck's owner, lessee, or manufacturer. The truck's shipper or loader, when the cargo is not properly loaded, could also be responsible, while the truck's mechanics could also be responsible when it failed to check the condition of the truck prior to travel. The party responsible for the damages could be one party or all of the parties mentioned above. In addition to these responsible parties, insurance companies can also be liable for the damages as most businesses are required to get insurance coverage for these types of risks. The bulk of litigation arising from truck accidents would be the determination of who is liable, as these parties would naturally try to avoid paying damages and blame another party for the cause of the accident. When a plaintiff files a personal injury lawsuit arising from a truck accident, the plaintiff must identify all possible responsible parties because there is a statute of limitations for all personal injury claims. It is better to name all possible responsible parties at the filing of the lawsuit than add the parties after as the statute of limitations may have already ran out.

A typical truck accident litigation in the past would have the trucking company arguing against liability by pointing out that it does not own the truck and it does not employ the driver. Current federal laws, however, now state that any trucking company is responsible for all accidents involving a truck that has its name displayed on the vehicle. This means that the trucking company is liable even if the truck is leased from another company and the driver is an independent contractor.

Aside from proving liability, the plaintiff must show the extent of his damages by engaging expert witnesses such as a physician to assess the physical damage and an economist to assess damages arising from loss of income and earning capacity. On top of these experts, the plaintiff must also engage the expertise of a truck accident law attorney to skillfully navigate the complicated litigation against those who might also be responsible.

Areas of Law