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3 Ways To Prove The Officers Were Wrong And You’re Right About A Traffic Violation

Posted by on Nov 18, 2016 in Uncategorized |

When it comes to getting to your destination, the chances are high that you may need to drive there. It’s possible that you may be careless from time to time and not pay as much attention to your driving. If this is the case, you may be given a traffic ticket, and this is the last thing you will want on your record. It’s a fact that traffic violations can cause your auto insurance to skyrocket, and this is less than ideal. Knowing some tips for proving you’re right and the police officer was wrong may be helpful to your case. Enlist witnesses If there were other people present when you received a traffic violation that may not have been necessary, you could call on these individuals to testify on your behalf. This could include people that were standing by or even passengers in your car. Be sure to have the full name and contact information of these people on hand for the best results. This will enable you to contact your witnesses as necessary.  Create a diagram One of the best times to prove that you weren’t at fault and may not have deserved a traffic violation is when you are accused of not stopping at an intersection. One of the most effective ways to prove you did is to have a diagram put together of this location. This can allow you to show precisely where your vehicle may have been that day and the location of the police officer. This illustration may be the proof necessary to show the officer wouldn’t be able to make such an accusation because of the visual distance. Road conditions It may be possible that the road was responsible for any mistake you were thought to have made. This could be the key to clearing up the traffic violation and allowing you to get out of it.  You should contact the proper authorities in your area to work towards getting an official report of the road conditions on the day you were ticketed. This may work in your favor if the conditions were severe and made it difficult for you to see or travel quickly. The benefits of getting rid of a traffic violation are many. Rather than having this go on your permanent driving record, be sure to consider working with an attorney like Drew F Davis that specializes in this area if you need additional assistance...

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The Best Interest Of The Child

Posted by on Oct 28, 2016 in Uncategorized |

If you and your spouse are divorcing, the issues that concern your minor children are among the most important, and can be among the most contentious. The court system places a very high priority on ensuring that the most vulnerable parties in the divorce suffer from as few negative effects as possible. Because of this, the laws about ensuring that children need not experience a lessening in the funds available for their care are extremely stringent. Read on to learn more about how the courts oversee the “best interest of the child” when it comes to child support. Punishments for Non-support The higher earner of the couple is usually the one who is ordered to make child support payments, with the exact amount based on income and the particular state’s laws. Failure to make those payments can trigger some harsh punishments, including: Contempt of court charges, which will include court costs, fees and penalties. Liens on your property (vehicles, real estate, boats, etc). Withholding of any income tax refunds. Expulsion from government-aid programs, like food stamps, housing assistance, Social Security disability, etc. Revocation of your driver’s license. Garnishment of wages; which is when a legal order allows the removal of a certain amount of funds from your paycheck before you get it. Arrest and possible jail time. Don’t Make a Federal Case Out of It Most parents have every intention of complying with their child support obligations, but so-called “deadbeat” parents do everything they can to avoid paying. If you believe that moving to another state will relieve you of your child support obligation, think again. Failure to pay child support becomes a federal crime once you cross the state line. All states have the power to enforce child support provisions, regardless of the origin of the order. Dealing with Non Payment Issues If you are having problems paying the ordered amount, don’t just bury your head in the sand and hope it goes away. Contact the child support enforcement office in your area and ask for assistance. They can help you create a payment plan to bring your payments up to date. If your issue is a change in job, income or heath, you may need to take more proactive legal action. Contact a family law attorney for help in petitioning the courts to reduce your child support payments, but be prepared to show good cause. If you are experiencing financial difficulties and need help, talk to a family law attorney, like one from Baudler, Maus, Forman, Kritzer & Wagner, LLP, as soon as...

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A Guide To Collecting Your Personal Records Before Filing For Divorce

Posted by on Sep 20, 2016 in Uncategorized |

Going through a divorce is rarely easy, and even filing the paperwork can be stressful if you aren’t prepared. Fortunately, you can make the process simpler for yourself by gathering together some information before you sit down to file. While specific documentation needs vary by state, the the following guide can help you begin the process well prepared. Personal documents You will need to prove who you are, your status, and that you were actually married. To achieve all this requires you to collect your personal documents. These may include the following: Your and your spouse’s birth certificates Social security cards or immigration documents Proof of prior divorce from another former spouse or the death certificate of a former spouse Financial Records These can be the most difficult items to collect, primarily because it can be time consuming and easy to overlook items. You need to be as thorough as possible because you don’t want it to look like you are trying to hide any assets. Examples of common records you may need to complete the paperwork include the following: Bank statements from all accounts, both joint and personal Credit card statements Loan information, including auto, mortgage, student, and personal loans All property records, including titles and deeds Retirement account information Income and tax records Billing invoices, such as from outstanding medical bills Any other expense or spending records Miscellaneous items There are also documents that come in handy when filing your divorce paperwork that are dependent upon your situation. For example, if you and your spouse are going through a formal separation, you will need to reference the formal separation agreements as you fill out the paperwork. Prenuptial agreements are another special case. This will need to be referenced as well, since the way parts of the paperwork will be filled out, especially when it comes to the division of assets, will depend upon what was placed into the prenuptial agreement. Couples that owned a business together also fall into a special category when it comes to divorce filings. If the business is to be liquidated or split, all financial documents, profit and loss statements, and business agreements will need to be provided. Even if you plan to continue the business as a partnership after the divorce, you may still need to provide the records for the business since it will count as an asset. Start by making a list of all the records that could possibly pertain to your specific situation. Then, you can check off the items as you collect them together in a file in advance of filling out your divorce paperwork....

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Proving That A Business Violated Dram Shop Laws

Posted by on Sep 20, 2016 in Uncategorized |

Most states have dram shop laws prohibiting businesses from selling alcohol to people in excess or to those who are already intoxicated. These laws also let people who are hurt in accidents caused by drunk drivers to hold the businesses who sold alcohol to intoxicated persons liable for some of the damages. However, proving the business knew or should have known the individual was intoxicated can be challenging. Read more to discover two ways you can show that the business in question violated dram shop laws. Check the Video One way to prove a person was too intoxicated to continue being served alcohol is to check any video that may be available. There are certain signs of intoxication that may be readily evident on a video, such as lack of coordination and slurred speech (if audio is available). It may also be possible to tell how many drinks a person has consumed within a certain amount of time, which may help you approximate how drunk the person was when he or she was being served. For instance, a 160-pound person who consumes 4 beers in a short period of time would have a blood alcohol level of 0.8, which is over the legal limit to drive. If the bartender continues serving the person after that, then the company he or she works for may be held liable for any accident the individual causes. Try to obtain video from as many sources as possible. In addition to getting a copy of any surveillance the business may have on the property, look for videos the defendant (or the person’s friends) may have uploaded to his or her social media accounts on the night in question. Use Sales Receipts Another way you could possibly prove a business served an intoxicated person is to acquire copies of any sales receipts. These receipts can show you how many drinks the person was served during his or her time at the facility, which can help you approximate how intoxicated the individual was and whether or not the business should have stopped serving the person. While this piece of evidence may not be a silver bullet, it can strengthen your overall case when combined with other pieces of evidence, such a video surveillance or witness testimony. It’s important to note that people respond to alcohol differently, and it may not always be readily evident a person is intoxicated. For instance, a person who consumes alcohol on a regular basis may be able to drink a lot before he or she begins exhibiting signs of intoxication. This is something you need to factor in when making a case that the business violated dram shop laws. For more information about this issue or help with litigating a case against a business who served an intoxicated person, contact a personal injury...

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FAQs About Child Support And Visitation

Posted by on Aug 30, 2016 in Uncategorized |

The issuance of a child support order does not necessarily mark the end of disagreements between the custodial and non-custodial parent. Disagreements regarding the child can sometimes lead to issues with the child support, which can have a direct impact on the welfare of the child. If you are a non-custodial parent, here is what you need to know.  Does Child Support Entitle You to Visitation? At the time your child support order was issued, the family court might have taken an additional step and established a visitation order. If so, the custodial parent has to allow you to see your child during those periods outlined.  If visitation was not included in the child support order, you can file a petition with the family court to ask for visitation. Depending on the willingness of the custodial parent, you and your attorney might be able to work out an agreement for visitation with him or her. If not, the family court can set a schedule.  Can You Withhold Child Support If Visitation Is Denied? One of the biggest mistakes you can make is to refuse to pay child support because you do not have access to your child. The child support order is an enforceable order. As a result, a judge could order wage garnishment or even jail time if you do not make your payments.  If you are being denied access to your child, take detailed notes of each time you are unable to see him or her during the scheduled visitations. There are legal options available to handle denied visitation.  What Can You Do? If you are denied visitation with your child, you can file a petition with the family court asking for the custodial parent to be cited for contempt of court. Since visitation was ordered, the other parent’s refusal to allow you to see your child is in direct violation to the order. The judge can order the custodial parent to follow the order or face consequences.  Each time you are denied visitation, file a police report. By filing the report, you are documenting the denials so that when you return to court, you have proof of what occurred.  If the denials continue, file a motion with the court again. The judge can issue sanctions against the custodial parent and even order him or her to jail.  Work with an attorney like Lois Iannone Attorney at Law who is experienced in handling child support issues to help you address any other related problems that occur....

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Can You Hold A Waterpark Liable For Your Injuries? The Answer Depends On The Situation

Posted by on Aug 11, 2016 in Uncategorized |

When everyone is still trying to squeeze a little bit more fun out of summer, waterparks become popular attractions. They can also become the source of tragedy—like the recent incident in Kansas where a 10-year-old boy was decapitated on the “World’s Tallest Water Slide.” When an accident like this happens, many people wonder if the park can be held responsible for the deaths and injuries? This is what you should know. A waiver may protect the waterpark from liability for expected injuries. Generally speaking, any time you go to a waterpark, you’re taking a certain assumption of risk upon yourself. Waterparks can be inherently dangerous because the ground around them gets wet and slippery. If you’re going down a slide that’s hundreds of feet in the air and full of hills, turns, and valleys to make the rush more exciting, there’s always going to be some risk of bumps, bruises, and maybe even broken bones. More than likely, the waterpark has some sort of form language advising you of your own responsibility to manage the risk either when you purchase the tickets, on the back of the tickets themselves, or in signs above the ticket booth. While places like waterparks have tried to indemnify themselves against all lawsuits through the use of waiver contracts that make participants agree not to sue them for any and all injuries, such contracts have generally been found to be against public policy. If waterparks were allowed to do that, they’d have no reason to ensure that rides were safe, include obvious safety measures like harnesses, hire lifeguards, or the like. The reality is that waivers and the legal expectation of personal responsibility are good for minor injuries that are sustained through the sort of accident you can expect at a waterpark—like slipping when you stand up too quickly at the end of the ride and losing your balance. They aren’t enough to protect the park against unexpected dangers. Sometimes, the basic measures that a waterpark should take to create a (mostly) safe, enjoyable experience for its guests gets lost in the pursuit of a ride that’s bigger and more thrilling than other rides. For example, in the case of the boy killed in Kansas, there were design problems with the slide from the beginning. Engineers had to tear down part of the original design and reconfigure angles after sandbags—used in place of people during tests—flew off the ride. They also chose to use Velcro straps to secure people, when body harnesses similar to the ones used on roller coasters may have been a wiser choice. Choosing to omit those type of basic safety measures could easily make the park responsible for the child’s death and other people’s injuries. Parks can also be held responsible if they don’t follow the required rules—including their own. For example, the waterpark in Kansas was supposed to be inspected for safety annually, but the last recorded inspection was in 2012. In addition, the weight minimum for the ride was a combined 400lbs among the occupants. There are reports that the park allowed groups that didn’t quite meet the weight limit to go down the ride—a violation that could cause an accident since the weight of the riders is partly what keeps in the raft in place on the ride....

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Avoid These Mistakes When Reporting A Work Related Injury

Posted by on Jul 27, 2016 in Uncategorized |

If you have been injured at your place of work, the actions that you take in the first couple of days will determine how smoothly or how roughly the rest of the claim process will go. Make sure you avoid the following five mistakes. Not Reporting the Injury to Your Employer Some people are hesitant to report workplace injuries because they might be embarrassed, they don’t think they have a serious injury, or they think they may get terminated. Not reporting your injury is going to create more of a problem for you in the long run if it gets worse or doesn’t improve. The biggest problem is going to be the fact that you will have trouble proving the reason you are injured now is from an accident that happened several weeks and/or months in the past. Report injuries as soon as they happen. Not Reporting the Injury in Writing You need to report the incident in writing and provide copies to both your employer, as well as the company’s human resources department. You also want to make copies for yourself to have for your records. If you just verbally tell your employer about the accident, there is no proof that you did so. Not Getting Medical Attention Right Away After you have been injured at work, it is important that you seek medical attention as quickly as possible. This is because the details of how the accident happened are still fresh in your mind. You may have a tough time convincing the insurance company that your injury is serious if you want to see a doctor later on. Not Accurately Describing Your Injuries to the Doctor Whether or not you are compensated, and the amount of your compensation, will mainly be determined by the injury report, as well as your medical evaluation and records. If you don’t tell the doctor exactly what happened, how it happened, what injuries you sustained and any symptoms you may be experiencing, then they can’t accurately do their job, which is to help you recover as quickly as possible. Not Following Doctor’s Orders When you sustain an injury at work, the ultimate goal is to ensure that you recover from the injury in a timely manner so that you can return to work. However, if your doctor notices that you are not adhering to the orders that they have put in place, they will relay this information to the workers’ compensation department and you may end up losing the ability to collect benefits. It is important that you attend all follow-up doctor appointments and that you follow any instructions given to you by your doctor. When filing a claim for workers’ compensation, avoiding mistakes will help to ensure that the process goes as smoothly as possible so you can get the compensation you need to take care of yourself and your family. For help making sure everything gets done correctly, speak with a law firm such as McKone &...

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Think Your Will Protects Your Estate? 4 Reasons Why You Should Switch To A Trust

Posted by on Jul 7, 2016 in Uncategorized |

If you have a legally documented will, your family is completely protected if you should pass away. Right? Not necessarily. While a will does document how you want your assets divided, it doesn’t provide the best protection for you or your loved ones. That’s where a trust comes in. A trust does everything a will does – divides your assets, ensures your wishes are carried out – but it goes beyond the will to provide additional protection. Here are four reasons why you should have a trust instead of a will. No Lengthy Probate Every will must go through a process known as probate. During the probate process, all of the assets from the estate are placed on lock-down by the courts, which means nothing from the estate may be accessed. Once the probate process is completed, the assets are released and divided according to the will. Unfortunately, the probate process can be quite lengthy, especially if disputes arise. If you have a trust, nothing included in the trust can become part of the probate process. That means your loved ones will have access to your estate much quicker. No Public Court Hearings During the probate process, there will be court hearings. Those hearings will be open to the public, which means that anyone interested in the proceedings will know everything about your estate. If you want to keep the information regarding your estate private, you need to have a trust instead of a will. With a trust, only a select few people will know what your trust contains. Those people will include: You Your attorney The trustee Your beneficiaries Assets are Protected While your will is in probate, creditors will have the option to come forward and request payment out of your assets. Those creditors will be paid before your loved ones receive anything from your estate. If you have a lengthy list of creditors, your loved ones could be left with nothing once the debts are paid. With a trust, your loved ones are protected against the creditors who may come forward. That means, your loved ones will receive exactly what you intended for them. You Control the Distribution If your assets are going to be divided among your children, you might want to control the manner in which they receive their inheritance. With a trust, you can determine exactly when and how they can access their inheritance. For instance, you may want to stipulate that they must graduate from college or get married before accessing their estate. A trust will afford you greater control over your estate. If you only have a will, you need to speak to an estate attorney about transferring your estate into a trust. A trust will provide you and your loved ones with greater...

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3 Things To Know About Giving Assets To Your Children As You Age

Posted by on Jun 6, 2016 in Uncategorized |

One suggestion many wills and trusts lawyers tell people is to begin giving away assets as they age. If you are in your 60s and have a lot of net worth, giving assets to your children at this point could offer benefits. These benefits are not only good for your children, but they can also be good for tax purposes and money savings. Here are several things to know about this. There are limits The first thing to understand about this is that you can only give away a certain amount to each child per year and in all. For 2016, you are able to give each person up to $28,000 in cash or assets without having to pay taxes on the gift. If you stick within this limit, neither you nor your children will incur any tax liability on the gift. The limits change each year and are set forth by the Internal Revenue Service (IRS), and a lawyer can help you better understand them. The purpose of doing this There are several reasons to give your children assets before you die. The first reason is to simplify the process of dividing your estate after you die. If you do not do this, it can take time for a lawyer and court to work through your estate. This means it may take time for your assets to be properly transferred to each of your children. Another good reason people do this is for protection. If you end up with a serious illness or need help taking care of yourself, you might end up in a nursing home at some point in your life. If you have a lot of cash and assets, the money will be used to pay for your nursing home care, and this could leave your children with nothing. There are time frames One of the main things your lawyer will help you with is knowing when the right time to do this is. If you do this too soon, you may be afraid your children will squander away the things you give them. If you wait too long, the assets you give away might cause problems with your nursing home coverage. Medicare is a type of insurance that will cover nursing home care if you do not have a lot of cash to use; however, there is a lookback period. This means that if you give away assets right before going to a nursing home, it may appear that you are attempting fraud. Because of this, Medicare might not offer coverage immediately for your care. If giving away assets prior to your death is something you are interested in doing, you should talk to a lawyer that specializes in wills and trusts. He or she can give you the best advice for your situation. Contact a firm like Donald B Linsky & Associate Pa for more...

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3 Characteristics Of A Great Worker’s Comp Attorney

Posted by on Jun 6, 2016 in Uncategorized |

If you were recently injured while on the job, one of the first things you should do is look into getting worker’s compensation while you are out of work. While you can navigate the system by yourself, you may find that it is an uphill battle. In many cases, these claims are not honored, whether it is due to a lack of evidence, turning in your documentation late, or any other detail that you may have missed. This is why securing a worker’s compensation attorney is beneficial. It is also important to remember that there are some attorneys who are only willing to do the bare minimum to get you a settlement, when there is often significant legwork required to get a fair amount of money.  It can be overwhelming when considering which attorney is best for your case. The following are some characteristics of a good worker’s compensation attorney to help you make your decision: Someone Who Will Make Every Effort To Secure Evidence Evidence of your injury is paramount to winning a worker’s compensation case, so you need an attorney who will go the extra mile to help uncover the evidence to support your claim. Much of the required evidence is medical since the claim is based on an injury. Your attorneyshould be able to develop a plan that includes gather every bit of evidence to help you win your case. This includes but is not limited to medical records, deposition from physicians, as well getting second and third medical opinions from doctors outside of those provided by the company. Your attorney should have good relationships with the medical professionals in your area and will help you set up appointments with them in order to help develop a solid line of evidence. Someone Who Is Well Versed In Settlement Numbers Worker’s compensation attorneys work to get their clients a fair and reasonable settlement, so the person you choose should have the ability to negotiate settlement numbers. A seasoned attorney will have knowledge of what different types of injuries sustained on the job are worth when it comes to compensation. They will know what considerations to factor in when negotiating a settlement, which includes permanent disability due to the injury, your medical costs, how long you will be out of work, and the need for future medical treatment. He or she will also have experience when it comes to insurance. A company insurer will attempt to offer the lowest amount of money to quickly settle the claim. You should choose an attorney who will engage with the insurance company and negotiate a more reasonable settlement. Someone Who Is Willing To Be With You At A Hearing If the company insurer will not negotiate a fair settlement offer, your attorney should be willing to appear with you at a worker’s compensation hearing. This process will take place in front of a judge where your attorney should present a case for you. He or she will provide all the gathered evidence, call in witnesses, and will argue on your behalf. Attorneys are not required to attend hearings, so you need to ask potential attorneys if they will be willing to do this for you. If the judge sides with the insurer, your attorney should work with you in filing an...

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Preparing For Your Initial Meeting With A Bankruptcy Attorney

Posted by on May 17, 2016 in Uncategorized |

When you make the decision to file for bankruptcy, you have likely found yourself in an emergency financial situation. Getting the process initiated as quickly as possible is important. Did you know that your ability to provide accurate information plays a pivotal role when it comes to just how swiftly your case progresses in bankruptcy law? Make certain you are properly prepared for your first meeting with your bankruptcy attorney. Collecting Financial Documents Gather important financial documents before your meeting, including pay stubs, bank statements, asset listings and current expenses. An inability to pay debts doesn’t automatically qualify you for bankruptcy. The circumstances in which you amassed the debt and the types of debts are also important factors. When you bring this information to your initial meeting, the attorney will quickly be able to determine if you have a chance of success. Even if you aren’t eligible for bankruptcy, the attorney can still work with you to devise a plan for paying off your debts. Either way, providing this information can get the ball rolling. Being An Open Book For most people, finances are a taboo subject. However, you’re going to have to allow your attorney to go deep into an area that you might not be very comfortable talking about. If you’re not prepared to be an open book, your attorney won’t just fail to get the information they need, but if you give inaccurate information, it can seriously jeopardize your case in the future. Even if it’s something you don’t want to admit to, such as spending feverishly, this is information that your attorney needs to know so that your case can be prepared accordingly. Be prepared to put everything on the table. Changing Bad Habits An attorney is only as good as their client. If your attorney is fighting on your behalf, but you’re still engaging in bad spending habits – you are only making matters worse. At your initial meeting, be ready to make a commitment to cease any bad financial habits that may have played a role in your current situation. Take someone that excessively uses their credit card, for instance. This type of individual would need to commit to stop using their card as it will be difficult for an attorney to explain their financial situation if they’re only accumulating more debt. For many people, bankruptcy is a path away from a financial catastrophe. The more effort you put into the process, the better the outcome, so make sure you are prepared from the very...

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