The Debate That Changed My Life

The Debate That Changed My Life

Summer Vacation During A Divorce: Tips For Parents

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Summer is here and in many households, it’s time to go on vacation. For divorcing parents thinking about going away with a child, travel can get tricky. Divorces are emotionally charged, legally sticky situations that can complicate vacation plans. If you’re in the midst of a divorce and wish to take your child on vacation, it’s important to proceed carefully. The following tips will help. Stay Organized Getting packed for a vacation while in the midst of a divorce can be a logistical challenge. Depending on where you are in the divorce proceedings, your child’s possessions may be divided between two households. As a parent, it’s easy to forget what possessions are in what household, which can make packing and planning difficult. Start packing early. You may be able to work with your divorcing spouse to ensure that your child has what he or she needs. However, if this kind of coordination and negotiation isn’t possible, you may need to purchase a variety of supplies before leaving. Work With Your Child Going on vacation to the same vacation spots of previous years can be painful for some children, while other children may find it distressing to go somewhere new. To help ensure a smooth and stress-free trip, work with your child to find out what he or she would prefer. Explore the options together and choose a place that is mutually appealing. Handle Logistics Carefully Children may go on vacation—even an international vacation—with their parents during divorce proceedings. However, it’s important to work carefully with your lawyer. Your family law professional can tell you when it’s important to seek permission from your divorcing spouse. Note that international trips may require special written permission from your divorcing spouse. Your lawyer can tell you when and how to seek this permission. Be up front as you make plans, giving specific dates and destinations for your travel. Also note that your divorcing spouse must be present in order to obtain your child’s passport, if your child doesn’t have a passport already. If this is uncomfortable for you or your child, traveling domestically may be a better choice. Going away on a vacation during your divorce can be a good experience for you and your child, however, it must be done properly to avoid damaging your case during the divorce. For more information about going on summer vacation this year, talk to your lawyer. He or she can give you tips and advice that will help you avoid...

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Denied Veterans Affairs Disability? Get A Professional On Your Side

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After filing a disability claim to the Veterans Affairs (VA) disability system, many veterans receive either a denial letter or a request for more information that can be confusing. Although such claims are expected from injured veterans after leaving the military, it takes a strong set of documented evidence and proper claims-filing experience to be successful–a difficult task for a career that often starts directly after high school or college, and often in a career having nothing to do with legal procedures or VA administration. If you’re confused about the denial, don’t quit! A bit of insight can help you understand what went wrong and how to proceed with a bit of help from an injury lawyer.  Why Would Valid VA Claims Be Denied? Being absolutely certain of your problem and its cause can be frustrating because it makes little sense that an organization dedicated to veterans–and often staffed by veterans–would turn down a legitimate sufferer. Unfortunately, since there’s no shortage of veterans who submit fake claims in hopes of slipping under the surveillance of the VA for lifetime compensation, the VA has to remain vigilant–which sometimes catches legitimate veterans in the crossfire.  This means that you, despite how obvious your condition seems, must have documentation that shows how the condition is related to the military and whether you’re still suffering or not. The second part can be the easiest, but proving a connection becomes harder with time. If you don’t have military-based documentation from military sources, it’s hard to differentiate your claim from a veteran who was injured at their veteran job, but wants to try for VA benefits illegally. Some of the best evidence is in the form of a medical record or service record entry that has dates clearly matching your military career. If you didn’t report the problem, the next best thing is to report as soon as you get out of the military. It’s understandable that not all service members have the convenience of a major base as their last home command, and not all veterans are given the in-development out-processing training to get the military evidence they need. The VA can deny your claim if you’re missing any of that information, or if you wait too late (an indefinite timeframe, to be sure) to file your claim. This is where an injury lawyer comes in. A Lawyer Delivers Deeper Research If you don’t have the proper paperwork, the VA can’t find it for you. Officials may direct you to the right place to begin your search, but many programs such as the presumptive claim system (discussed further in this PDF from the VA) go unspoken and often take a lot of time and resources from the veteran that could be spent adjusting to civilian life. An injury lawyer has more experience with injury systems and claims, and can help you amass the evidence you need to prove your condition. If you’re missing evidence that links your condition to the military, a lawyer can examine your service record and research any similar claims involving your service areas. Veterans with similar stories can be an easier way to make your claim look more legitimate, and there may be actual evidence hidden in administrative language that you could have misunderstood. For medical evidence, a lawyer can connect you to a...

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What Do You Need To Do After You Have Had An Accident?

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When you are in a car accident, it can be tricky to know what to do and when to do it. You know that you need to talk to the other driver and talk to the police, but there is still more to do.  Call Your Insurance Agent After you call emergency services, your next call should be to your insurance agent. You might not think that this is the right time, but really, you want to get your insurance company working on your side as soon as possible, and the way to do that is to call your insurance agent right after the accident. There are going to be bills that are going to start to rack up right after the accident, starting with any towing fees and ending with medical fees. Alerting your insurance agent to the situation will let them open a case and alert a claims adjuster to come out and evaluate the damage.  Document Everything You should also start to document everything you can as soon as you can. That includes taking pictures of the damage to your car and to any property and pictures of the other person’s car. Get their name and information, and get the name and information from anyone who happened to witness the accident as well. See if you can get them to write down what happened right then. You will get the best recollection right after the accident. In the following days, the witness’s memories will start to add and subtract things. They won’t do that on purpose, it just happens naturally. Getting the witness’s statements at the time of the accident, if possible, will also give your attorney ammunition if you have to go to court.  Documenting everything also includes getting the full names and numbers of all the people you talk to. Make notes about what the phone call was about. If you have their email information, you can send an email to the person recapping the conversation that you just had. Not only does this clarify your understanding, it also creates a record. A way to make that record even better is to make sure that you have turned on the delivery and read notifications on the email. That way you will know that the recipient got them. If you have to go to court to sue the other driver or the insurance company, your lawyer can use the emails that you sent and the notifications to prove that you had the conversations and that they were received.  Doing these things can help you when it comes to filing your car accident claim and getting the money that you are owed for all your injuries and property...

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Filing A Medical Malpractice Lawsuit When A Foreign Body Is Left Inside Of You In New York

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If you live in the state of New York, and a foreign body was left inside of you during a surgery, you may have grounds to file a medical malpractice personal injury lawsuit against the medical team that left the foreign object inside of you. Here are a few things that you need to know about filing this type of lawsuit in the state of New York.   What Constitutes A Foreign Object The first thing you need to understand is what constitutes a foreign object. A foreign object is something that a doctor leaves behind inside of your body that they did not intend to leave behind.  There are a variety of surgical items that can get left inside of patients. Generally, it seems that sponges, towels and gauze are the most common types of objects left inside of patients; however, foreign objects can also include large medical equipment and tools, such as forceps.  However, not all items that are left inside of your body are considered foreign object. If an item was placed inside of you and was supposed to be left there because it served a medical purpose, even if it did not fulfill its purpose, does not count as a foreign object. For example, a catheter would not count as a foreign object.  It is vital that you figure out what was left behind in your body so it can be determined if it indeed was a foreign object that served no medical purpose.  When You Can File A Case In New York, the statute of limitations in medical malpractice suits generally starts running down as soon as the malpractice mistake occurs. For example, if you were given the wrong medication and it results in complications, you have two and half years from the date of when that mistake occurred to bring a medical malpractice suit against the medical professional who gave you the wrong medication. However, the statute of limitations for foreign objects is not the same as it is for other medical malpractice lawsuits. Often times, people do not know that a foreign body was left inside of them till years after the fact when they experience medical complications from the foreign object. Due to the fact that foreign objects are often found a significant time after the fact, you have one year after discovering the object to file a malpractice claim.  If you found a foreign object inside of your body that was left behind by a medical professional, you need to speak with a New York lawyer right away. You have one year to file a malpractice suit; every second...

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A Few Situations When You Should Hire A Personal Injury Attorney For Your Mental Anguish

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When you have been hurt physically due to someone else’s neglect or carelessness, you know you can talk with a personal injury attorney to be compensated for the medical bills, loss of wages, and the emotional toll it took on you. However, you may not realize that personal injury law is not limited to emotional damage only when in combination with a physical injury. Here are a few situations where a personal injury lawyer can help when you are suffering from mental anguish caused by someone else. Witness to a Trauma Just because you were not involved in a car crash or the victim of a crime does not mean you were not traumatized if you saw it happen. If you are exhibiting or feeling the different types of emotional distress, such as anxiety, depression, grief or unexplained stress, you should seek counseling from a psychological counselor and a personal injury attorney. You should not have to lose sleep, work, or be afraid to live your life because of what you saw. The person responsible for the crash or crime needs to make restitution to you for your counseling bills and for your pain and suffering. Discrimination If you are being discriminated against in the workplace for whatever reason and it is causing you to miss work or be constantly afraid when you do go to work, you can sue for intentional emotional damages. In addition, if your employer is not trying to rectify the situation you have a good case against the company as well. Cyberbullying In this age of technology and social media, people are spending more time online; often with people they have never met in person. The meaning behind the written word on social media sites can often be misinterpreted, leading to online arguments and hurt feelings. However, when things get out of hand and you feel humiliated, scared, depressed, or anxious in any way, you need to seek counseling and legal help. A personal injury lawyer will know what charges can be brought against the bully and how to go about filing them so the bullying stops immediately. Emotional anguish is not something to be taken lightly. People end up unable to perform daily activities, maintain any type of social life, and may even resort to suicide. If you are experiencing any symptoms of emotional distress, or if you know someone who is, seek appropriate medical help and then contact a personal injury lawyer like those at Erickson Law Office to make sure your stress is not made worse with financial...

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Challenging A Cannabis DUI Arrest In Court

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As more states begin to legalize cannabis and its use becomes more widespread, law enforcement authorities are struggling to find adequate measures of impairment in drivers. Unlike alcohol, the primary chemical components of cannabis can linger in the bloodstream for weeks or even months, making it nearly impossible to accurately gauge the intoxication of a suspected driver. If you were recently arrested on suspicion of driving under the influence of cannabis, you may be able to appeal the charge, retain your license and avoid a criminal record. With the help of a good DUI attorney, you may find grounds to challenge the claim on a number of different fronts.  Understanding Your State’s Laws Regarding Cannabis Although cannabis is illegal on a federal level, many states have implemented their own laws regarding its use while driving. This is especially true if your state has already legalized or decriminalized the drug. In Colorado, for example, the legal limit of THC in your bloodstream is 5 nanograms per milliliter, but the state allows you to contest a DUI charge if you can prove that you were not actually impaired at the time. In other states, however, where cannabis is still entirely illegal, you may have no legal recourse to fight the conviction. This may also be the case if you consumed marijuana while under the age of 21.  Ensuring Your Arrest Was Lawful If your state’s laws regarding cannabis and driving leave you without a legal defense, you may still be able to argue your case based on the details of your arrest. In some situations, unlawful search and seizure can be used to dismiss charges entirely, particularly if your Miranda rights were never read to you. If you suspect that you were pulled over for any reason other than your driving, such as your ethnicity, economic class or a random targeting, talk to your DUI attorney about your concerns.  Challenging Your Intoxication Level Finally, because of the imprecise measuring techniques available to law enforcement, you can choose to challenge your DUI charges on the basis that you were not actually impaired while driving. This is an especially promising line of defense if you were able to pass a sobriety test at the time of your arrest, or if the police officer has listed no specific instances of dangerous driving on the arrest report. Drugged driving is still a contentious subject of legal debate, and a skilled attorney may help you avoid a conviction based on the current limitations of most testing systems. There’s no reason to let a flawed test strip you of your license and future prospects, so begin exploring your options with your attorney today. Contact a law firm, such as the Mesenbourg & Sarratori Law Offices, for more information....

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Four Little Mistakes New Store Owners Make That Lead To Legal Issues Later On

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Countless stores have had to declare bankruptcy after being named in lawsuits. If you want to protect your same business from the same fate, then make sure you avoid these common mistakes that new business owners often make as they’re setting up their companies. Not having enough liability insurance. As the owner of a store, you need general liability insurance to protect you if someone were to become injured in your business. Without this insurance, you would be faced with a lawsuit if someone were to become injured in your shop. Make sure your policy offers substantial enough coverage, too. How much coverage you’ll need will depend on many circumstances, including the size of your shop, the nature of the items you sell, and the affluence of your area. Insurance consultants or the best lawyers in your area can advise you as to how much liability insurance coverage is necessary for your circumstances. Not following proper interviewing procedures. If you’re new to the idea of hiring employees, then you might not know that there are certain questions you should not ask in a job interview. These include questions about the interviewee’s religion, pregnancy status, political preferences, race, age, disabilities, marriage status, plans to have children, debt situation, and drinking habits. While asking these questions is not technically illegal, it does suggest discriminatory intentions. It’s best to avoid asking them. You never know when someone you interview might become offended and bring a discrimination lawsuit against you. Not fully screening your employees. If your employees cause trouble on the job, chances are you, as the business owner, will have to carry some sort of legal responsibility for that. You’ll save yourself from a lot of legal issues down the road if you’re more careful about who you hire. Run full background checks on potential employees. Take the time to call their references. Say “no” to anyone who has a history of drug abuse, violence, or harassment. Similarly, if an employee starts causing trouble on the job, let them go promptly rather than hoping they turn around. Not having an accountant do your taxes. You may not intend to file your taxes incorrectly, but if you make the wrong mistakes, the IRS could end up knocking on your door and suing you. As a new business owner, you have so many different hats to wear. It’s best to leave the taxes to a professional accountant who can ensure they’re done right. Paying an accountant up front is cheaper than paying a tax attorney down the road when you end up in a legal battle with the IRS....

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When The Injury Is Severe: What To Know About Permanent Disability And Workers’ Comp

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For those so severely injured at work that a return to your previous position seems unlikely, you may be wondering what will happen now. If you are unable to return to the physical condition level you had before your injury, you may be deemed to be permanently disabled. The determination for permanent disability can be separated into four main steps, so read on to find out what is store for you. 1. Initial phase of injury. Your employer’s workers’ comp insurance company has already been paying your injury-related medical expenses and a portion of your lost wages while you try to recover. Your main focus during this time is make sure that you keep your medical appointments and comply with all treatments and tests. Life may become financially difficult, however, since most workers’ comp benefits will only pay a portion of your previous wages. 2. The independent medical exam. If you are still unable to return to work after several months of treatment, you will be asked to undergo an independent medical exam. Some injuries are expected to take longer to heal, but some are not expected to heal at all. For example, if you have suffered from a traumatic limb amputation, an independent medical exam would likely take place immediately. For those with muscle strains, back injuries and broken bones, the independent medical exam would be delayed until you have a chance to heal. Be sure to treat this important step in the process with due care. Be prepared to discuss your injury and how it has impacted your ability to work at your job. The doctor conducting this exam will be of the insurance company’s choosing, and you should be honest but polite in your behavior. You should know that you are entitled to have a doctor of your own choosing to conduct another independent medical exam if you prefer. Be sure to discuss this option with your workers’ comp attorney. 3. A determination of maximum medical improvement (MMI). Don’t be misled by this determination’s wording, this does not mean that your condition will never improve. MMI means that the doctor has examined you and decided that your condition is unlikely to improve enough for you to return to your previous job. 4. The settlement offer. Your month-to-month wage benefits will end upon the MMI determination, and you will be offered instead a settlement, either lump sum or monthly. If you have not retained a workers’ comp lawyer by now, you should understand that settlement negotiations can be stressful and difficult. You are bargaining for compensation that is expected to see you through your entire lifetime, so don’t go it alone. Contact a workers’ comp attorney to support you through this process and increase your chances for a fair settlement offer. For a workers compensation lawyer, contact a law firm such as Gilbert, Blaszcyk & Milburn...

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3 Facts You Should Know About Financial Aid For Adopting From Foster Care As A Single Parent

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If you are not married and are now financially, emotionally and physically ready to become an adoptive parent to an eligible child currently in foster care, you are in luck. In recent years, the numbers of single men and women who have chosen to become parents through adoption has grown dramatically. Excluding the adoption of special needs kids, about 5% of the adoptions that occur in the United States each year are accessed by single individuals. Therefore, it is crucial to become aware of the pertinent information and various forms of financial aid that could impact your decision to adopt from foster care. #1-Financial Aid For Legal Costs And On-going Expenses May Be Available One of the most common reasons for people who really want to adopt to not start the process is often financial. Fortunately, adopting a child from foster care is less expensive than private and international adoption, and there is frequently financial aid available for the costs of adding to your family. In some instances, on-going financial aid after the adoption has been finalized may also be available. Special needs kids in the foster care who are adopted are often eligible for that assistance; how or when that money is available will be decided by each state. #2-College May Be Free For Your Adopted Teen If you adopt a child who is 13 or older and has been in foster care at any point since their 13th birthday, they are likely to be eligible for financial aid. Specifically, their eligibility will not be based on your income; instead, they will be classified as an independent student. As a result, if you have hesitated to adopt a teenager because you do not feel that you could adequately  provide them with post-secondary education, those expenses are very rarely going to be yours. #3-Additional Options For Your Newly Adopted Older Teen If you did not finalize the adoption of your son or daughter until after their 16th birthday, they may be eligible for up to $5,000 a year from the government for vocational or technical training, as well as college classes. The program is known as Education and Training Voucher assistance or ETV. In addition, some colleges and universities provide special programs for adopted teenagers that were in foster care for at least part of their teen years. In conclusion, as a single adult, you could be in a position to grow your family by adopting through foster care. Given that the majority of states now permit unmarried adults to be considered as adoptive parents, your new son or daughter could be waiting to meet you, and financial aid is readily available to make your adoption dream a reality. Speak with professionals like Jeffrey T Bitzer for more...

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Arrested For DUI? 3 Legal Rights You’ll Want To Make Sure You Enforce On Your Behalf

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When you are arrested on the suspicion of drinking and driving, your legal rights will become very important to you. No matter what state in the U.S. You live in, you are protected by certain rights thanks to the United States Constitution. If you are being accused of a DUI, here are three constitutional amendments that you need to be aware of to protect yourself as best as you can until you can speak to legal counsel: The Fourth Amendment Right The Fourth Amendment protects you against any form of unreasonable search and seizure. So, when you are stopped in your vehicle by a police officer, the officer must have a reasonable suspicion that can be articulated to you and anyone else necessary that you have broken the law in some way prior to being able to conduct the stop. If probable cause cannot be demonstrated by the police officer, then any evidence that is obtained during that traffic stop could potentially be thrown out of court. This includes the results of a breathalyzer or the open beer bottles in your car. The Fifth Amendment Right The Fifth Amendment refers to the rights that any individual has if they are being accused of or charged with a crime. This includes the right to guard yourself against self-incrimination. With that being said, your right to remain silent comes into play here, which is the very first right that is said to you when you are read your Miranda rights. Police are not necessarily required to read you your Miranda rights, but if they fail to do so when they should have, the answers that you give to any questions that are asked of you during that time could be ruled inadmissible later on in court proceedings. Just remember that anything you say can and will likely be used as evidence against you because your Miranda rights don’t mean much until you are actually in the custody of the authorities. The Sixth Amendment Right The Sixth Amendment ensures that individuals who are being accused of or charged with a crime are provided with legal counsel. In other words, if you cannot afford to hire the services of a lawyer, one could be offered to you at no charge. These court-appointed lawyers are known as public defenders, and they are not always available. In some cases, it could depend on the severity of your DUI charge, the state in which you live and are being charged in, and various other factors. According to NOLO.com, if you could potentially go to jail for six months for the crime that you allegedly committed, the goverment is obligated to provide you legal counsel at the government’s expense. Something to keep in mind is that public defenders do not specialize in DUI defense, as they represent a wide range of clients who have been charged with an assortment of crimes. It may be in your best interest to seek out the help of a private DUI lawyer. To find out more about your constitutional rights as a U.S. Citizen during and after apprehension by police, consult with an attorney or visit http://www.jdlarsonlaw.com....

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