Month: March 2016

The Trick To Knowing If You Can Sue

Let’s assume that you have been involved in an auto accident either as a driver or a passenger and would like to be compensated with money. To figure out who should get what, the law has created certain rules and principles.  These allow you to sue, or threaten to sue which creates the out of court settlement.

In a car accident case four elements must be present. The first is that the driver of the car that caused the accident must owe a duty of due car to the driver or passenger he injured. This simply means he must use reasonable care driving and not injure any car or person. Included in this would be using proper speed, and stopping at red lights and stop signs.

The second element is that the driver we want to sue breached his duty of due care by running a red light or failing to stop when they should have. There are many ways of breaching the duty of due care.

The third element is foreseeability. Another words was it foreseeable that the breach is the cause of injuries. It is certainly foreseeable to the driver of a car that when he hits another car there will be injuries to the people in the vehicle.

The fourth element is injuries resulting from the accident. This includes payment for pain and suffering, loss of wages, damages to car and other property, medical bills, future medical bills, general damages and loss of consortium (loss of romantic interludes with one’s wife).

When the four elements are present, you have a good case.

 

The Trick To Stop A Child From Crying On A Trip

It is not unusual to see and hear a young child have a crying melt down while the parents are standing there looking embarrassed. One reason for this crying is that little children often have no other way of expressing themselves.

Another and probably more significant reason is that being on a trip or vacation they find themselves in unfamiliar  surroundings. Where you as an adult may look at your new environment with interest to the young child it might be frightening.

Imagine that you are at Disney World and had never before seen any of the Disney characters. Suddenly, a five foot mouse, with big ears, a squeaky voice, walking upright,  approaches you and says, “Hello, my name is Mickey.” No one would blame you for being a little upset. Think how a little kid feels in unfamiliar surroundings. Young children need and thrive in stable environments. They are uncomfortable in airports, planes, trains and busses as well as restaurants, movie theaters, stores and dozens of other places.

The best thing you can do to avoid the crying is to tell the child where they will be going tomorrow. Tell them what they are going to see and what fun things they should look for.  As you arrive at the places you told them about remind them  of your discussion. Another words, based on your conversation as to what they will be seeing you are  making them seem more familiar.

The Trick To Making A Friend In Five Minutes

Start a Conversation
The very first thing you must do to make friends is to get into a conversation with the person who is a potential friend.  In order to do this, the chances are that you are going to have to be the one to speak first, even if it makes you uncomfortable. Keep in mind that the other person is probably feeling the same way.

Ask Open Ended Questions
The easiest way to get into a conversation with somebody is to just ask a question. Not the type of question that can be answered yes or no, but an open ended question that keeps them talking. You also want to show a lot of genuine interest in what they say. Here is an example of a simple yes or no question that is best to avoid. “Does the bus usually get here on time?” Now, here is an open ended question. “Why do you think people paint graffiti on buses?,” or “how do you manage to stay so fit?” You can ask about their clothes, jewelry, hairstyle, or perhaps their opinion of a new movie.

Show Genuine Interest
You must listen with interest. You can interrupt with an occasional question. Surprisingly, the person who does all the talking will always consider their interested listener to be a great conversationalist. Finally, be pleasant and make a sincere effort to like the person your talking with. One tip is to pretend you are speaking for the first time to a family relative you have never met. The other person will pick up on this genuine friendliness too in the way you speak and your body language. Don’t be afraid to show your smile. Smiling is a great way of showing that you want to be friends. Also, don’t be a “know it all” type person. Sometimes it is better to say “I don’t know,” rather than disagree.

Keep Trying
Every encounter will not turn into a friendship, but keep at it and before you know it you will be looking for a little peace and quiet from all your new friends.

Do you have any good tips on making friends? Please share them in the comments below.

The Trick To Lowering Your Blood Pressure

Imagine that you are walking down a dark street at night. Suddenly there is the sound of running footsteps in back of you. You are not sure of what is about t happen. Your pulse speeds up, your breathing quickens and deepens, your blood pressure increases to have more blood flow to the muscles. For the moment your are in what is known as the fight or flight mechanism of the nervous system.

Now imagine a voice calls out to you from the direction of the running feet and says, “Slow down, I just want to return your wallet. You left it on the store counter when you were here.”

Your pulse and breathing begins to slow down. Your blood pressure decreases and there is probably a smile on your face. The only thing that has really happened is a change in your perception of the situation.  It is of course agreed that the change in perception was justified. But this little story does illustrate the importance of perception in maintaining normal blood pressure.

There are many causes for high blood pressure. Some are purely physical and others are based upon wrongful perceptions a person has of the world and people around them. These misconceptions are often based upon fear and anger. It is of course possible for the problem to be a combination of he physical and the psychological.

A very rewarding way to lower blood pressure through psychological means is to use the concept of being  non-judgmental. What is meant by this is that you do not have to agree with what is said, but you accept it as the other persons point of view. Since it is their point view there is no need for any anger. Being non-judgmental has the additional benefit of allowing you to remain stoic , when given bad  restaurant service as an example, thereby avoiding a rise in blood pressure.

The Trick To Suing For Being Wrongfully Fired

Being fired is mentally traumatic for almost everyone.  After all we spend at least one third of our day working or preparing for work. Adding to the trauma is that suddenly you have to look for other sources for money.

The various State Legislatures have tried to even things up  and give the employee some rights when they are wrongfully terminated. Here is how things work, but keep in mind you really need an Attorney to explain them to you because they vary from State to State.

If you are what is known as an employee at will the boss can let you go for almost any reason as long as the reason is not illegal. An employee at will is a person who is working for the company but doesn’t have a written contract with the company. The courts however very often find a contract between the parties based upon the conduct of the company.  When you are a contract  employee you can only be fired for good cause.

Keep in mind, that even if you are an employee at will you can’t be fired for any of these illegal reasons: Race, Nationality, Religion, Sex, Age, Sexual Orientation, Retaliation, Refusing to Commit an Illegal Act, (in a few States) Pregnancy, Medical Condition and Disability. Being fired for any of these illegal reasons may net you a pretty penny.

If there is a manual governing hiring and firing procedure it must be followed by the employer. Issues of vacation pay and severance packages are always negotiable.