subrogation

Filed under:Living With The Law — posted on January 23, 2009 @ 3:18 pm

Subrogation is a process of assuming the legal rights for whom expenses or debts have been paid. A good example of subrogation is when a person negligently starts a fire in their home which spreads to other homes and causes losses or damages. The insurance company has to pay the negligent party to rebuild his or her home. However, the negligent party cannot be sued by their insurance for the amount of insurance money that they received. The insurer is allowed to take over the remedies of the insured against another party in order to recover the sums paid out by the insurer to the insured and by which the insured would otherwise be overcompensated. A subrogee is a person or party that is trying to enforce the rights of another person or party. The subrogor is the person or party whose rights the subrogee is trying to enforce. An example of a situation where subrogation might happen is when a party drives erratically and slams into someone else’s car causing damage to the person’s car. The subrogee would pay to have the subrogor’s car fixed. Then, the subrogee could sue for negligence to get back the money that they paid to have the subrogee’s car fixed. A summary judgment is when a judge makes a judgment without going through the process of a full trial. A person might ask for a summary judgment because they are afraid that they might lose their case if it goes to trial. The judge must be shown sworn statements and documentary evidence that shows that there are no material issues that would need to be tried in a court of law. The plaintiff or the defendant may ask the judge to issue a summary judgment. Summary judgments can be beneficial to the legal community because they help to avoid having to go through the process of unnecessary trials that would take up the court’s time. The party in the proceeding that is asking for the summary judgment from the judge lawsuit must prove that summary judgment is what is right and proper for the proceeding. The judge will examine the evidence that the party who is not asking for the summary judgment has. The party who is not asking for the summary judgment can defeat the summary judgment by showing that a dispute of material facts exists. The strength of the evidence in the case does not matter and the judge has the right to say that a summary judgment will not happen and that the case will proceed to trial. Many summary judgment cases that are handled in the lower courts are overturned because of appeals. A judge may also decide to issue a partial summary judgment if it is appropriate in the particular case.

Goals - The Forgotten Success Element

Filed under:Uncategorized — posted on @ 5:45 am

Goals are extremely important and are the key to any success plan. However, we hear about goals so much that we often take this step for granted. We assume that we already know everything there is to know about setting goals and thus usually skip over this extremely important fundamental success factor. Please don’t let yourself get into this trap. As Tony Robbins states in his Personal Power tape on the Power of Setting Goals “Fundamentals have to be practiced daily!”

In this article, we are going to work on your goals.

Remember my previous article? “Why start a Home business” - http://www.source-locator.com/newsletter1.htm? In that article I talked about creating your “Why”.

In this article I am going to talk about setting goals to help keep you focused so that you will have a clear cut plan set to help you ultimately achieve the reason why you started a home business.

I believe that the Tony Robbins goal workshop method is one of the best goal setting methods out there so I am going to use his method in this article to help you create your goals and help motivate you to take immediate action.

It’s extremely important to follow the steps in this mini workshop if you are going to get anything out of it.

As Tony states, there should be 3 areas for which you should set goals. These areas are:

* Financial goals - (Money)

* Thing goals - (Things you want to have)

* Personal Development goals - (Things about yourself you want to improve on)

Write out your goals

1. Sit down right now and write down the things that you want to have 1, 3, 5, and 10 years from now. Do it now! Don’t read on until you are finished.

2. Ok, now I want you to write down your financial goals for the next 1, 3, 5, and 10 years. Do it now. Don’t read on until you are finished.

3. Ok, now I want you to write down your personal development goals for the next 1, 3, 5, and 10 years. Do it now. Don’t read on until you are finished.

4. Read over your list and pick your top two goals that you want to accomplish in the next year, from each category, and write a paragraph about why you are committed to achieving these goals now.

Take your time… really think about it. Don’t rush… Don’t move on until you are done.

Ok… Are you done? If not finish up before you read on. You are only hurting yourself if you don’t take the time to do this.

If you are done, I want you to do something now to take action to start achieving the goals that you picked out in number 4 and wrote a paragraph about. Take action now! I am sure you can think of something that you can do right now. Don’t put it off until tomorrow. Take action now! Come on right now! Do something to acheive that goal now! It doesn’t have to be a huge step, just do something now so that you start to build momentum.

After you have done something to take action towards achieving your goal then read on…

Make your goals visible

It’s extremely important to make sure that your goals are always visible. If your goals are visible then they are a constant reminder for you to take action every day towards achieving those goals. Put those paragraphs that you wrote in number 4 where you will always see them. Cut out pictures of your thing goals and hang them around the house. Order a brochure for that car you always wanted but could never afford. Do whatever it takes to make your goals visible.

I hope that you took this workshop seriously and wrote out your goals and why you are committed to achieving them. I also hope that you now understand that goals are the forgotten and overlooked success element that everyone needs in order to ultimately achieve their “Why”.

Paul Lasher is a successful entrepreneur and the owner of http://www.source-locator.com which is dedicated towards helping people to start, manage and market a home based business.