Car Accidents and Lawyers to Reduce Stress

Car Accidents and Lawyers to Reduce Stress

Considering A Wrongful Death Claim? Understand More About What Can And Can’t Be Accomplished

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The recent settlement of the lawsuit over the wrongful death of Sandra Bland brings partial closure to a case that’s captivated the attention of the nation. Bland supposedly hung herself in her jail cell several days after a routine traffic stop turned into a racial incident that outraged millions. This case also helps illustrate what can and can’t be accomplished through a wrongful death lawsuit—which is important to know if you are considering taking that action. A wrongful death lawsuit only addresses civil negligence, not criminal responsibility. Wrongful death lawsuits are considered a type of personal injury claim, which is a civil matter, not criminal. This confuses many people because they don’t understand how someone can be found guilty of the wrongful death of another human being and still escape punishment in criminal court. For example, while the officer who pulled Sandra Bland from her car was eventually indicted for perjury after a grand jury decided that he lied about his action, nobody was ever charged in connection with her actual death. While the civil victory essentially acknowledges the fact that her death was the result of either negligence or an intentional act, no one will ever be legally held responsible for her death in a criminal court because of it. The different rules of court favor victory in a civil claim for wrongful death. A wrongful death claim is sometimes the only way to hold anyone responsible for another person’s death, simply because the rules in civil court favor the plaintiff more than the defendant. In criminal court, the defendant is given more protection under the law because his or her freedom is at stake. A civil victory only affects his or her finances. In practical terms this means that civil courts are often allowed to introduce evidence that would be kept out of a criminal trial because it would be prejudicial. For example, the historical racism of police in Waller County, where Bland was arrested, might be able to be entered into evidence in the wrongful death claim to show that traffic stops are often used as a pretext for pulling over people of color. In addition, defendants in criminal trials are afforded a presumption of innocence that is much higher than that given to defendants in civil trials. Criminal defendants have to be found guilty “beyond a reasonable doubt,” while civil defendants are guilty if the mere “preponderance of evidence” indicates they are at fault for the death. That means that if there is even a 51% chance that the defendant caused your loved one’s death, they can be found guilty in civil court. Wrongful death claims can often ask for compensation other than money. One of the opportunities that you often gain during a wrongful death lawsuit is the chance to ask for changes that could prevent someone else from losing a loved one. For example, Sandra Bland’s family settled for $1.9 million in damages—but they also gained another victory: the jail will now have to have a medical professional on duty at all times and install electronic sensors that will help ensure guards actually check on the prisoners in a timely fashion. The defendants also agreed to help push for legislation that will change how jail personnel are trained when it comes to caring...

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Concerned About The Custody Of Your Child? Use This Pre-Divorce Checklist For Dads

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The idea of losing custody or having to pay child support for either parent can be a huge factor in reactions, actions, and even how the whole divorce process plays out when a marriage is coming to an end. As a dad who is concerned about your significant other taking full custody of your child, there is no doubt you will want to do all you can to ensure you have just as many rights to your child as your spouse. Here is a basic checklist to follow before the divorce is filed that can help keep you and the child’s other parent on a level playing field through the divorce where custody is concerned.  Make sure you have significant proof that you have played an active role in the child’s life.  One of the most common reasons a mother will try to claim she has more rights to the child than the father is if she has been the primary caregiver or if she feels she has been the more involved parent overall. While the judge will take both parents’ statements into consideration, it will help if you have proof that you have remained fully involved as a dad. A few examples of proof of your involvement would be: pictures of you with your child during everything from special events to time spent around the house signed statements from friends and family members who have witnessed your involvement as a father receipts proving your purchases of things the child needs, such as clothing and school supplies Get to know your child’s healthcare needs. If you have always allowed your spouse to handle things like dental checkups and doctor’s visits, before the divorce is the best time to start being more involved. Take the initiative to schedule appointments and be the parent who takes the child to visits, learn more about things like allergies your child has or special health needs, and make sure your child’s healthcare providers know who you are.  Become involved in your child’s education.  Going to PTA meetings, attending school sporting events and afterschool activities, and even helping with your child’s homework are all ways that you can be more involved with your child’s education. Through the divorce, your knowledge of your child’s education and obvious involvement will prove to the judge that you are competent where school matters are concerned, and this goes a long way in proving you are a capable parent.  For additional advice, contact a divorce lawyer who specializes in fathers’...

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3 Ways To Obtain A Green Card

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If you are a potential immigrant who wishes to become a citizen of the United States, you should look into the ways in which you can receive a Green Card, which ultimately grants you US Citizenship. There are plenty of ways in which you can qualify for a Green Card. Read on and discover just a few of these ways. In many cases, an attorney who focuses on immigration law can advocate for you if you wish to obtain a Green Card. As Needed Special Cases There are some ways in which the US Government can circumvent the law and help certain immigrants achieve permanent residency, but these cases come on an as needed basis, and are far from the norm. These reasons are often humanitarian in nature and are due to the fact that a citizen or group of citizens are being politically persecuted in their own state. Immediate Relatives of US Citizens If you are the immediate relative of a United States citizen, then you basically fly to the top of the list for those being considered for permanent residency. Among those considered to be immediate relatives include unmarried people that are younger than 21 years of age and have at least one parent who is a citizen, stepchildren of citizens, so long as the marriage was consummated prior to the stepchild’s 18th birthday, spouses of citizens, including widows, parents of citizens, so long as the child of the parents is over the age of 21, and adopted children of citizens, provided that the child was adopted before he or she turned 16. Cancellation of Removal If you have lived in the United States for over ten years, despite your status as an illegal citizen – and you are facing deportation – you can apply for a process called cancellation of removal. This will effectively grant you permanent residency if you qualify for certain conditions. Essentially, those who wish to apply for cancellation of removal must prove that they will face undue hardships if forced out of the country. If you are facing deportation, or believe that you are about to potentially face deportation, it is highly recommended that you speak to an immigration lawyer about the matter. By directly contacting the USCIS, you could inadvertently expedite your own deportation process. Achieving permanent citizenship status can be a difficult issue to wrap your head around, but this brief guide should have shown you just a few ways to go about pursuing a Green Card. For more information, contact a firm such as Fickey Martinez Law Firm,...

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Two Reasons to Hire a Truck-Accident Attorney

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One of the most frightening auto accidents that you can be involved in is one in which your normal passenger vehicle is struck by a very large semi-truck. If you are struck by a semi-truck, you will want to make sure that you hire an attorney that specializes in truck accidents, as this type of accident can be far more complicated than a regular auto accident. Listed below are two reasons to hire a truck-accident attorney to assist you. Identify the Responsible Party The thing that makes truck-accident cases so difficult is determining who exactly you will need to take to court in order to be compensated for the accident. While you may think that the blame would belong to the driver, there are actually a number of other factors that can leave the responsibility for the accident on other parties. Your attorney will be able to identify the main person or company to identify in order to proceed with the lawsuit properly.  For example, if the accident occurred because the driver was exhausted, your attorney may choose to go after the company that hired the driver for forcing him or her to work more hours than is legal. If the accident occurred because the truck had a technical malfunction, your attorney can choose to make a case against the manufacturer of the truck for the defect, whoever was in charge of maintenance for not detecting the issue, or the company that owns the truck for neglecting maintenance.  Negotiate a Settlement One of the most important ways that an attorney can help you with an accident involving a semi-truck is by helping you to negotiate the best possible settlement. This is absolutely vital, as an accident involving such a large vehicle is much more likely to end with your vehicle being totaled, in numerous injuries, or possibly in your being unable to return to work for some time.  While it is common to receive a settlement offer shortly after the accident occurs, you should be cautious, as the insurance company making the offer is often going to offer you the bare minimum that they think you will accept. Even if the offer seems generous, you will want to talk it over with your attorney because if you accept, you will be unable to sue that company for more money if the settlement falls short of paying for your medical or repair bills.  In order to help you avoid this issue, the attorney will have you visit multiple medical professionals in order to determine the extent of your injuries and how much work you may miss for treatment. This will allow your attorney the chance to use those medical opinions as leverage to get the settlement offer raised to at least cover your lost wages and medical expenses. Contact a truck-accident attorney as soon as possible in order to discuss the case and to determine how he or she will be able to help. A truck-accident attorney is vital after an accident involving a semi-truck because he or she can help identify the responsible party and help you negotiate a favorable...

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Tips For Child Custody

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When divorces happen, one of the hardest parts is dealing with the fact that you won’t see your child 100% of the time anymore. However, what you can do is to assert your rights as a parent in order to be sure that you have a fair shake at either getting sole custody or an agreement that leaves you in control of your ability to remain in the child’s life. If you want to go to court with a great strategy in place, you will need to consider some of the following tips. Know what not to do Before delving into what you should do to win custody, you need to understand what things to avoid at all costs. Never do the following things below: Don’t have any personal outbursts that can sabotage your case. Not only can this be used as testimony in court, you don’t want to give your spouse the ability to record you or otherwise paint you in a bad light in front of the judge. Never talk ill of the other spouse in front of the child. This will confuse the child and can also put your case in jeopardy. Keep everything between you and your spouse. Don’t move in with a boyfriend or girlfriend. Not only does this look reckless in front of a judge, judges also will be reluctant to give you custody in situations that will potentially confuse the child due to the new relationship. Do not ignore any temporary court orders. For instance, if a child support order has been filed while the two of you are separating, make payments, even if you disagree with the order. The agreement can always be adjusted later, but failing to comply with court orders dooms your case from the start. Know what the courts will be looking for If you want to make yourself look suitable as a parent, you need to know what criteria the judge will be looking at. Consider the following points that the judge will factor: Your job status and earning potential The type of relationship that you and your child share Your physical health and mental health Any motives that might be at play when seeking custody Your overall value and skills to raise your child Get your documentation in order You and your lawyer will need to focus on documentation when it comes to proving your rights to child custody. Some of the following forms of documentation will be critical: Phone logs of conversations between both children and parents to prove contact and frequency A log of how often visitations are occurring Copies of any child support payments A journal of any instances that prove that you are more fit to have custody of the child These steps will help you out so that you fare favorably in your child custody proceedings. For more information, contact lawyers for child...

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How To Identify A Drunk Driver And What You Should Do

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You must face facts: most people can’t get by without a car, and alcohol isn’t disappearing anytime soon. While typically harmless by themselves, both can be dangerous if mishandled. Disaster is almost guaranteed if the two are combined. The most effective deterrent is not to drink and drive, but for one reason or another, people do. Knowing the tell-tale signs of a drunk driver and what you should do about it can mean the difference between a night of fun and a tragedy.   The Signs The National Highway Traffic Safety Administration (NHTSA) cites over 100 visual signals that police officers use to identify drunk drivers, but the average citizen need only be familiar with the most obvious in order to make a difference. Speed Variation: Roads and highways only have one speed limit. Be on the lookout for fluctuating acceleration and deceleration. Abrupt Activity: Quick movements such as erratic braking, sudden turns, and late or early signaling are red flags. Oblivious to Surroundings: As a rule, cars shouldn’t be swerving in and out of lanes, running red lights, or just barely dodging inanimate objects. These would constitute reckless driving in any situation. Abnormal Behavior: Sober people can’t see in the dark, and that goes double for drunks. Be vigilant of cars driving at night with the headlights turned off or a driver’s head lolling to one side with closed eyes. Take Action If you see a vehicle exhibiting any of these signs, take the following steps: Safety First: The safety of you and your passengers takes first priority. Stay as far away from the other vehicle as possible. Some may want to get right behind a drunk driver to obtain their license plate number, but maintain a safe distance at all times. Identify: If it is possible to get their plate number safely, please do so. Also, take note of the make, model, and color of the vehicle along with any other distinguishing features. Call: Pull over and call 911. Give the vehicle description, street name, cross-streets, the direction the vehicle is headed, and driving behavior. At all costs, avoid confronting a drunk driver yourself. They could be armed, irate, or, in some cases merely fatigued, and no one wants to land in a dubious situation over a misunderstanding. A simple phone call is all it takes to help keep the roads safe. There is certainly no reason for you to police the situation or to try following the driver, as you could get hurt in the process. If the unfortunate happens and you find yourself in an accident with a drunk driver, contact legal professionals like Kaston & Aberle for...

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Taking Care Of Your Knee Fracture After A Car Accident

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When you fracture your knee during a car accident, it can be difficult to focus on anything but your physical pain and emotional stress. These accidents can be very traumatic for victims, and it may be even worse when you are suffering from an injury. Whether your patella, femur, or tibia was fractured, it is necessary to take care of yourself in order to recover. Your care goes beyond physical healing; dealing with both your emotional and financial situation is equally important. Read the tips below to discover how you can truly recover from your accident-related knee fracture. Immediate And Follow-Up Medical Care It is crucial to seek immediate medical attention when you experience any sort of accident-related injury. Since you have been diagnosed with a knee fracture, it is likely that you visited a hospital or urgent care clinic for an evaluation. If you have not received a formal diagnosis, visit one of these medical facilities as soon as possible. Additionally, it is very important to seek follow-up medical care. The care you need will depend on the severity of your knee fracture. If the impact of the injury was light, your fracture may be minor and heal by itself. Severe fractures may require long-term care, and you may need physical therapy to fully recover. At-Home Rest And Recovery Tips Follow your hospital discharge instructions or your primary care physician’s instructions. Take all medications as directed, and attend any future scheduled appointments. Try to avoid using your knee as much as possible. This may require you to take time off of work, and you may have to adjust your living situation. For example, you may want to keep items that you commonly use within arm’s reach from your couch or bed. Take notes about your symptoms and recovery. Rate your daily pain on a scale of one to ten, and write down any symptoms that you experience. These notes can be helpful for future appointments with your physician. They may also be useful if you decide to file a lawsuit against the person who caused your fracture. Discussing Legal Options With An Attorney As mentioned above, you may need to take time off work in order for your knee to heal. Lost wages following an injury can be very stressful, and the cost of medical bills is equally upsetting. Fortunately, you may be able to get financial restitution from the person or party that is responsible for your knee fracture. Contact a personal injury attorney promptly so you can take legal action in a timely manner....

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Three Reasons Why Filing For Bankruptcy Is One Of The Cheapest Legal Battles You May Ever Have

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Legal fees and appearances in court can be very expensive. However, there are some types of legal cases that are less expensive than others. Bankruptcy is one of these cases. The following three reasons show why filing for bankruptcy is one of the cheapest legal battles you may ever have. You Do Almost All of Your Own Paralegal Work Paralegals are usually the professionals that help lawyers collect the documents they need to file and support their cases. However, in a bankruptcy case, all of the information regarding your debts, assets and belongings is collected and provided by you. This typically means that you are doing all of the paralegal’s work, so the lawyer is not likely to charge you for this. The only work the lawyer charges you for is his or her filing fees for your bankruptcy hearing and the time he or she spends in court with you on the day of the hearing. You Can Ask for Legal Fee Support In many states and counties, courts offer legal fee support. This is provided to claimants who cannot pay the lawyer’s fees but still need to proceed with their cases. A court-appointed lawyer may be assigned to you, or you may apply for funds to help pay a lawyer of your own choosing. This drastically reduces the amount that you pay for your bankruptcy and to your bankruptcy attorneys. The forms for these types of legal support can be found on most county courthouse websites, or you can get paper copies from the clerk of courts where you live. Your Interactions with Your Bankruptcy Lawyer Are Minimal In other kinds of cases, such as divorce and family law or criminal law, you have a lot more contact with your lawyer. As such, you can expect really high retaining fees, filing fees, paperwork fees and paralegal and lawyer fees. In a bankruptcy case, you generally meet with the lawyer once to discuss your debt load issues, another time to drop off all of your paperwork and supporting documents and make sure your lawyer has everything he or she needs, and then one last time when you appear in bankruptcy court. In very rare cases, you might meet once or twice more if you have creditors that are still trying to recoup their losses and refuse to let go of your case. Then your lawyer may appear to argue a reasonable settlement with the more relentless creditors, but you would still have minimal interactions, and minimal interactions equal minimal legal fees of all kinds. Contact a business, such as Reppe Law Office, for more information....

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How A Lawyer Can Assist With Suing Your Vendor

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Are you in a dispute with one of your business vendors after not receiving products that are already paid for? If you have come to the conclusion that the vendor does not intend on settling the dispute, it is time to get assistance from a business lawyer and file a lawsuit. This article will give you more insight about a few of the things that a business lawyer can do to settle your dispute with the other party. Thoroughly Review the Contract Before a lawyer can help you obtain money from the other party, he or she will have to review the contract to make sure that you have a good case. The lawyer will look for any clauses in the contract that might make the other party not liable for what you are claiming. There could be a clause in the contract that gives the other party a specific timeframe to ship the products if certain circumstances occur. For instance, one circumstance that might delay your products being shipped within the usual timeframe is when there is bad weather. Once the contact has thoroughly been reviewed, the lawyer will decide if he or she should move forward with handling your case. Contact the Other Party About Mediation Although your intention is to file a lawsuit, a lawyer might be able to get you a settlement with going to court. The lawyer will first try to communicate with the other party on the phone to see if he or she will attend a mediation session. If the other party has a lawyer, your lawyer might contact the other party’s lawyer to discuss the dispute. Mediation will only happen if the other party agrees to it; otherwise, the case will go to court in the form of a lawsuit. Even if the other party does agree to mediation, it does not mean that your case will get settled and won’t have to go to court. Represent You in Court If the dispute ends up in court, the lawyer will do everything to convince the judge that you have the right to be compensated for what you paid for. The main thing that the lawyer will do is discuss the contract and show evidence that you paid for products that were never delivered. Be prepared to give the lawyer copies of your receipts as evidence. He or she might conduct an investigation to find out if the vendor has ever refused to send products to other business owners in the past, as they can act as witnesses concerning the character of the vendor. For more information, contact Robert L Lilley Co Lpa or a similar...

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Did You Get Injured At Work But Fear Asking For Compensation? Get A Lawyer Fast

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Were you injured working in the shop at your job, and your employer won’t give you compensation even though you haven’t been able to return to work since? If so, a worker’s compensation lawyer can help you look at the situation and determine your rights. You may not just be eligible for worker’s compensation, to replace the pay you aren’t earning, but you could go for a settlement as well. Here are a few things you want with you when you first consult with a legal professional. Injury Report Did you file an injury report with the company? Do you have a copy of it? If so, this needs to be brought to your lawyer right away. The lawyer has to look at the wording to make sure that your employer doesn’t try to put the blame on you for the injury. If the company has video surveillance of the incident, your lawyer may want to get a court order to get the tapes. Medical Diagnosis Bring your medical diagnosis reports for your lawyer to look over. This includes what the doctors diagnosed your injuries as, and how long the treatment could be. If you are going to suffer permanent damages from the injury, or if you could take months to recover fully, this is information that helps your case. You want all medical statements, image tests like MRI’s, ultrasounds or X-rays, and information about your future medical treatment needs because of the injury. List of Expenses Besides from direct medical expenses, what other costs have you had to deal with because of these incidents? Have you had to pay for child care for your kids? Have you had to pay for rides because you can’t drive? All of the inconveniences and the costs that were directly related to this injury need to be documented, so your lawyer can include the information in the settlement or compensation amount. Your employer has a legal obligation to pay you workers compensation if you were injured while on the job, and they have insurance to do so. Don’t let them avoid paying you what you deserve, or struggle financially because you are afraid to take legal action against them. Talk with a lawyer like Hornthal Riley Ellis & Maland LLP and find out what you need to do to get the case started, and start working your way to getting the compensation that belongs to you while you...

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