Navigation Menu+

DUIs, Personal Injury and Soberly Thinking About the Law

How Tailgating Influences Your Car Accident Claim

Posted by on 11:37 am in Uncategorized | Comments Off on How Tailgating Influences Your Car Accident Claim

Tailgating is a common reason for a car accident. If someone is following you closely from behind, and you have to suddenly slam on your brakes, the motorist behind you may not be able to stop in time, leading to an accident. You will need to quickly consult with a car accident lawyer who will gather evidence so that you can demonstrate that the other motorist was at fault of the accident and that you deserve compensation. Discovering If A Motorist Is Negligent Tailgating is considered a form of negligent driving. Therefore, if it is demonstrated that the other motorist was engaged in negligent driving, he or she will be held responsible for the accident. One thing that may be uncovered through the discovery process is that the other motorist was distracted, drowsy or under-the-influence during the accident. These factors can be used to further demonstrate that the other motorist was at fault for the accident. Also, if the other motorist appeared to be angry and aggressive, this can indicate that the motorist was experiencing road rage. Obtaining Police Evidence Newer laser radars used to gauge the speed of motorists also have the capacity to gauge the distance between you and the motorist tailgating you. This feature provides the police with evidence that can be used to demonstrate that the other motorist was responsible for the accident. Demonstrating Your Own Duty Of Care Explaining that you took preventative measures to avoid the accident can also help further establish the other motorist’s fault. For example if you tried to change lanes, but the other motorist moved into a different lane, or if you tried to establish more distance between yourself and the tailgater, this could be used as evidence that there was nothing you could have done to avoid the accident. Tailgating often leads to accidents when you attempt to stop or turn. For this reason, you must always clearly signal your intentions. For example, if you intend to make a left or right turn, you should use your turn signal. If you intend to come to a complete stop, you should slow down slowly before stopping completely. It is always better to avoid the accident in the first place, even if you wouldn’t be in fault. However, if you can’t avoid the accident, be sure to consult with a car accident attorney so you can pursue a settlement from the other motorist’s car insurance company like Jacobs & Barney...

read more

2 Things To Know About Age Discrimination And Wrongful Termination Cases

Posted by on 7:56 am in Uncategorized | Comments Off on 2 Things To Know About Age Discrimination And Wrongful Termination Cases

Being fired from a job can be devastating, especially if you are over the age of 40. Once you reach this age, it can become harder to find a new job, because many employers look for younger people to hire. If you believe your boss fired you strictly because of your age, you may be able to seek compensation by filing a wrongful termination lawsuit. Here are two things to know about this. Why employers fire people for age When employees are at their jobs for a long time, their employers may give them pay raises on a regular basis. Because of this, having the same employees for a long time can be costly for businesses. To reduce their expenses, some companies may try to find younger workers to replace the older ones. This can help them save money in payroll costs, but that is not the only reason older workers get fired. The other common reason employers fire older workers is due to their productivity. Younger people might be able to work harder and complete more duties in the same amount of time. Not only would employers save money on payroll by doing this, but they might also be able to make more money from the work younger employees offer. You will need to have proof The hardest part of a wrongful termination case is proving that your employer fired you because of your age. To win, you must have proof that your boss fired you for a reason that is not legal. If you were not performing your job well, your boss may have fired you for this reason. This is a valid reason for being fired, and you cannot sue if your boss fired you for this reason. On the other hand, if your boss simply wants to replace you for a younger worker and you have some type of evidence to prove this, you might have a case. The best thing you can do before you file a lawsuit is thoroughly discuss your case with a civil rights attorney. An attorney in this field is experienced with knowing what type of evidence is needed to win. The Age Discrimination in Employment Act of 1967 was designed to protect people against this issue. A civil rights attorney knows and understands the rules relating to this act and can help you determine what to do if you believe you were fired because of your...

read more

Workers’ Comp And Repetitive Stress Injuries

Posted by on 10:26 am in Uncategorized | Comments Off on Workers’ Comp And Repetitive Stress Injuries

If you work at a job that requires you to make constant, repetitive motions, you may be suffering from a medical condition known as repetitive stress (or strain) injury. Typing, assembly line work and all types of manual labor could put you at risk for this debilitating disorder. With this type of injury, your ligaments, joints, muscles and nerves can become inflamed and painful over time, with the repeated impact on these areas resulting in a constant cycle of incomplete healing. You should know that you may be entitled to collect workers’ compensation for these injuries, so read on for more information about this disorder and how to get compensated. Three Types of Repetitive Stress Disorders Bursitis will frequently affect primarily your knees and elbows, and sometimes causes a crackling feeling when bending those joints. This condition results in tenderness and pain in your joint. Carpal tunnel syndrome is caused by a compression of nerves in the hands and wrist, which can result in numbness, swelling, burning, tingling, and itching. The nerve passageway in your wrist (the “tunnel”), becomes compressed and damaged with repeated use, such as constant typing on a keyboard or small-scale assembly work. Tendinitis, as the name suggests, affects the tendons. The skin over the affected area can become reddened and feel warm and painful to the touch. Your range of motion can be severely limited by this inflammatory disorder. What You Need To Do These conditions normally worsen over time, so prompt attention is required. Get medical attention, even if you are concerned that workers’ comp will not cover your injury. Any medical expenses that you have to pay out-of-pocket can be later recovered if your workers’ comp claim is approved. Getting Compensation Inform your employer as soon as you begin showing symptoms of a repetitive stress injury. Ensure that a workers’ comp claim is filed as soon as possible. You must be able to show that your injury was caused by your work. Make sure that you stay consistent with all information given in all accident reports and especially at your doctor’s office visits. Your medical records must show a clear work-related complaint for workers comp to cover your claim. Keep in mind that failing to keep your doctor’s appointments or not properly following treatments can cause your claim to be denied. Contact a workers’ compensation attorney from a firm like Hamilton Law Firm, P.C. if you are having trouble getting your claim approved. Repetitive stress injuries can be more challenging to prove, so you can increase your chances of success with a competent attorney on your side....

read more

Surviving Divorce: 5 Tips For Determining Your Alimony Settlement

Posted by on 4:49 pm in Uncategorized | Comments Off on Surviving Divorce: 5 Tips For Determining Your Alimony Settlement

When you first got married, you probably thought that you would be with your spouse forever. Unfortunately, that isn’t always the case. Divorce itself is tough on your emotions, but it’s also rough on your wallet. A household that once had two incomes will be forced to depend on one, unless you qualify for alimony. If you do qualify for alimony, you need to start by determining your settlement amount. Use these five tips to help get the funds you want and need: 1. Determine What You Want Before you begin any negotiations, you should start by determining what you want out of alimony payments. Do you want to be a stay-at-home parent? Do you want to sell the house and receive cash? Or do you want support with specific costs? In order to calculate a figure, you need to know what it is that you really want. So think hard and be reasonable. Remember, your ex-spouse should be able to afford what you’re asking for. 2. Create A List Of Expenses If you are wanting support from your alimony, take some time to calculate your expenses. Look at previous months bills, such as electric and mortgage, and come up with an average. Be sure to include payments for other items, such as credit card payments or loans. Additionally, include one-time expenses, such as moving or family law attorney fees. Once you have all of this information, come up with an average and determine how realistic it is. If you determine that it isn’t realistic, determine what you can cut from your list. 3. Start High When negotiating, you should always start with a high number. This high number will give you some wiggle room, so that in the end you get what you want. So add a couple hundred or a couple thousand to your final figure for negotiations. 4. Remember The Kids Another helpful tip for determining alimony payments is to remember the kids. Perhaps you’ll need help buying school supplies, clothing, or paying for college. Keep these in mind when negotiating. If your spouse offers to pay for these items, take this into account and eliminate those child-related expenses from your bottom line. Your spouse shouldn’t pay twice for these things, even if you are feeling angry or hurt. 5. Use An Attorney Finally, make sure you are using a family law attorney to negotiate your alimony payments. Although it might seem like a simple process, it’s often complicated. There are many factors that go into payments and these are just a few, so hire an attorney and listen to their advice. They will ensure that you and your family are taken care of, regardless of the situation. Divorce is never fun, but it is an unfortunate part of life. If you are going through a divorce and want alimony, use these tips and an attorney like Thomas & Associates, PC to help determine how much you should ask...

read more

5 Tips To Help You Keep Your Pet During A Divorce

Posted by on 7:51 am in Uncategorized | Comments Off on 5 Tips To Help You Keep Your Pet During A Divorce

A divorce is hard enough when it affects just the two of you, but pets can add a new layer of difficulty to the proceedings. The court generally looks at pets as property, which means they are divided up between the two divorcing parties. The following tips can help you increase your chances of keeping your pet. Tip #1: Be Willing to Compromise This may mean giving up something else that by all rights should belong to you, such as a vehicle, house, or other item of relative value and use. Sometimes an ex will fight for a pet simply because they want to use it as a bargaining chip for another item. Tip #2: Work Together Not all divorce distributions have to be decided by the judge. If possible, work with your divorce attorney and your ex to create an equitable distribution of property before the court proceeding. Then, you will only need the judge to approve and finalize it. Your lawyers will act as your mediators, ensuring that you get what you deserve while also keeping the proceedings legal. Tip #3: Get Custody of the Kids There is a precedent of the judge sending the pet with the parent that has primary custody of the children. The reasoning is that the kids will benefit from having their family pet with them during the difficult period following a divorce. Although pets are technically property, judges may also rule in the pet’s best interest so they will avoid separating them from the bulk of the family or the family home to which the pet is accustomed to. Tip #4: Get an ESA An emotional support animal is a therapy pet, which is registered as a medical assistive service animal. If you can get ESA approval from your therapist, the judge is likely to grant you custody of the pet, since it is now a service animal and a prescribed part of your treatment plan. A true ESA animal must be documented and prescribed by a mental health care provider, so make sure you follow this step if you want to use this argument to keep your pet. Tip #5: Show Proof of Care Are you the main caregiver of your pet? If you can prove that you have footed most of the care and monetary responsibilities of the pet, you may be able to get custody. Since a pet is considered property under the law, a proof of purchase in your name can be sufficient for establishing ownership. For more information, contact Kalamarides & Lambert or a similar...

read more

Shared Or Joint Child Custody: How They Differ

Posted by on 5:17 pm in Uncategorized | Comments Off on Shared Or Joint Child Custody: How They Differ

Child custody issues can be among the most contentious areas when parents divorce. The level of cooperation and respect that a divorcing couple demonstrates for each other can have an tremendous effect on how long your divorce case drags on and how much money gets spent to litigate it. Making a good, fair and workable child custody agreement outside of court can be extremely beneficial; after all, who knows whats best for your child other than you? The terms “joint” and “shared” in regards to child custody may at first appear to be the same thing, but these two forms of custody are actually quite different. It’s important to know the difference, since your divorce agreement will specify the exact type that you both agree to follow, and you should ensure that you are on the same page as the court system. Read on for an explanation of the two types of child custody. Joint Child Custody This custody concept specifies one parent to hold primary physical custody of the child, with major decisions involving the child being made by both parents equally. A stable home environment may be important for younger children, and a generous visitation schedule allows the other parent to spend time with the child. This type of custody is ideal if the parents get along enough to come together and agree on issues related to parenting, such as education, religion, discipline and other major areas of concern. For parents who live in different states, this can be a workable solution for custody placement. Shared Child Custody Time spent with the child is at the center of the concept of shared custody. The percentages of time spent with each parent is sometimes spelled out, but traditionally custody agreements will allow equal time with the child for each parent. While seen as some to be the most “fair” form of custody, it can be an organizational nightmare to carry out. Parents should live in relatively close proximity for shared custody to work. While the child may benefit from being with both parents, having to keep two sets of belongings and dealing with the logistics of after-school activities and social obligations require parents with good organizational skills. Keep in mind that child custody arrangements remain one of the issues that the courts are willing to revisit if necessary. The best interests of the child are at the forefront of the court’s attitude about children, however, not issues about the inconvenience to the parents. Consult with your family law attorney for more information about the child custody arrangements and create a child custody agreement which benefits your...

read more

Dealing With A Parent Who Doesn’t Pay Child Support

Posted by on 2:17 pm in Uncategorized | Comments Off on Dealing With A Parent Who Doesn’t Pay Child Support

Unfortunately, many single parents have to deal with an ex who refuses to pay child support. If you have been unable to come to a friendly agreement with your child’s other parent, then you may need to start some legal procedures to recover the money you’re owed. Here’s what you need to know about legally collecting child support from an non-supportive partner. How to File a Child Support Dispute There are a few ways that you can start a child support dispute, and a lawyer can help you to navigate each of these options. The first thing to do is to file a report with the same court that mandated your child support order, stating that the other parent is not holding up their end of the agreement. The court may try to mediate the situation first, but if the parent still refuses to pay, you will need to have your lawyer open a child support trial. If you are going the trial route, you’ll need to collect your custody documents and file paperwork with the court office. The court will then send an order to your ex for a mandatory appearance in court, and you can have your lawyer represent you in the trial. Methods to Collect Child Support The government is on your side in helping you collect child support, and they will help collect the money owed in a variety of ways. They may garnish part of the person’s wages; essentially, this means that employers are obligated to report the employee’s earnings directly to the state, who will withhold a portion to send to you. The government can also withhold money from a tax return to help pay back child support. In your child support trial, the judge may also mandate some other options for paying the child support. The court may seize some of the ex’s assets and liquidate them in order to pay you. They may also simply mandate that a lump sum be paid right away, if the person has the means to pay it. While you may feel that these procedures will cause a lot of hard feelings between you and your ex-partner, it’s often the best way to collect child support from someone who claims that they cannot pay. Your lawyer will help you negotiate fair terms with the other party and collect the money in a way that’s both legal and within the other party’s means. For more information, contact a law firm such as Patton Hoversten & Berg...

read more

What Are Hazing Injuries And Who Is Legally Liable?

Posted by on 3:30 pm in Uncategorized | Comments Off on What Are Hazing Injuries And Who Is Legally Liable?

When you hear the word “hazing”, you might think of college students doing dangerous acts as an initiation into a fraternity or sorority. However, hazing is not limited to just the college years. It can take place in high school, on sports teams, and the military and it is more serious than it is treated by mainstream media and Hollywood. Hazing is typically abusive and degrading behavior a person is forced to participate in to be accepted into a group. The activities required of the person usually puts them in danger of injury and even death. Injuries While most young people may believe that hazing is not a big deal and it is all in fun and games, the simple truth is, hazing is dangerous. Many kids are injured each year from hazing rituals. The severity of the injury depends on the severity of the hazing. One common practice during a hazing initiation is whipping or paddling a pledge, which can leave bruises. However, sometimes these beatings can get out of control and lead to blunt force trauma. These types of injuries can cause organ failure, cracked skulls, and even death. Another hazing injury is burns. These types of injuries are usually a result of branding, shocking or putting out lit cigarettes on the pledge’s skin. These are only the tip of the iceberg for possible injuries incurred through hazing. Others possible injuries are dehydration from being left out in the elements, alcohol poisoning, water intoxication from being forced to drink copious amounts of water, and sexual assault. Who is Liable? If you or your child has been hurt during a hazing incident, you have the legal right to sue for medical costs, pain and suffering, and lost wages. Sometimes the actual school or university is protected from hazing lawsuits, but the club or organization within the school is not. For example, if a pledge receives life-threatening injuries by a small portion of a fraternity, then the people who were directly responsible for the injury can be held liable as well as the entire house. Also, anyone who watched the incident and did not intervene can also be held liable. This is considered a type of negligence and the charges will vary in severity from a misdemeanor to criminal charges, depending on the situation.  Over the years many anti-hazing laws have been passed in an effort to keep people safe. Unfortunately, hazing still continues. If you or anyone you know has been injured during a hazing incident, you should contact a lawyer. On the other hand, if you have been charged because you were negligent during a hazing initiation, then contact a criminal defense...

read more

Gym Policies Should Protect Members From Avoidable Injuries

Posted by on 9:40 am in Uncategorized | Comments Off on Gym Policies Should Protect Members From Avoidable Injuries

A properly managed gym is one that always goes to great lengths to preserve the safety of its members. Commercial fitness establishments with lax safety policies and procedures may present avoidable liabilities. Members of a gym who are injured due to gross negligence, misconduct, poor advice, or lax oversight might wish to consider taking civil action. Gym Negligence Takes On Many Forms There are several ways in which a gym presents hazards to members. Members of a gym have to be on the lookout for such things as: Failure to rack weights. A gym may have a rule in place requiring members rack their weights. Doing so makes sense since weights strewn on the floor create a serious trip and fall hazard. Rules, however, are of no use unless enforced. The gym should sanction members known to leave weights lying about. A suspension policy that is enforced would indicate the gym is doing what is necessary to reduce hazards. The gym should require employees to return weights not racked to their proper place. Failure to devise and enforce such policies could put negligence on the shoulders of the gym owners. Improper suggestions for the use of tanning beds. Some gyms provide access to tanning beds. Due to the risk of burns, gym employees have to be careful about how much time they suggest a member spend in a bed. An employee who flippantly suggests someone who never tanned before spend 20 minutes under very hot lights may lead to the gym being held liable for any resultant injuries. The gym should take steps to educate employees about making proper recommendations. Hiring inexperienced personal trainers Requiring a personal trainer establish educational qualifications by holding a certificate from a reputable health and fitness organization must factor into the hiring decision. The gym should also only hire those with enough experience to properly and safely work one-on-one with clients. Conducting background and reference checks is advisable so as to determine if the prospective trainer presents harassment or inappropriate behavior risks. Remember, gym owners are going to be responsible for the actions of their employees. Seeking Counsel from an Attorney If you have been injured at a gym due to outright negligence on the part of management or employees, seek a meeting with a personal injury attorney about the situation. The attorney will examine the merits of the case and then provide counsel on how to move forward. Contact a professional such as Starnes  Rob P. LLC, Attorney At Law for more...

read more

What You Need To Know About Changing Your Name With Divorce

Posted by on 2:52 pm in Uncategorized | Comments Off on What You Need To Know About Changing Your Name With Divorce

If you are getting divorced, you may have been asked by your attorney about changing your name. Many women go back to using their maiden name after a divorce, but changing your name can mean a lot of work to get everything updated correctly. If you are confused about how the name change works with divorce, read on for more information to help you make your decision. What You Need To Know: 1.  It’s important to note that no one can force you to change your name back to your maiden name, it is strictly your decision alone. Do keep in mind the potential for awkwardness and confusion if your ex remarries and his new wife also want to use his last name. 2.  The most common method of name changing is to simply add the provision right into the divorce decree. You can begin using your maiden name as soon as the divorce is final. You may still be able to amend your divorce decree to include a name change if you have already filed the paperwork and decide to do so, even if the divorce is already final. 3.  If you do decide that you want to take back your maiden name, get ready to update all your important documents by making a list so you don’t leave anything out. You’ll likely want to update: Social Security card (the Social Security Administration will then inform the I.R.S. about the change) Driver’s license Passport Bank accounts, checks, bank cards. Credit cards Deeds and titles Loans, such as mortgage, vehicle and student Health, auto, home, renters, and life insurance policies Utilities Retirement plans, pensions, investment accounts Voter registration Children’s school records Your work-related personnel records, business cards, etc. 4.  The information here applies also to men. They can revert back to using their previous name if they were using a hyphenated name for the marriage. 5.  As with all legal matters, states have their own rules in regards to name changing, so your divorce attorney can best advise you about how it works in your state. 6.  These guidelines assume that you are taking back your maiden name. All other types of changes you want to make to your name, such as an entirely different name altogether, would come under the scope of traditional name-changing laws in your state. Using divorce as the vehicle for the name change is only available for those wishing to return to their maiden name. If may be worth the trouble for you, as it is for many, to take back your maiden name as part of your new beginning. Take into consideration the above information and consult with a divorce attorney (such as Kenneth J. Molnar Attorney) so that you can make an informed...

read more