LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Fri, 14 Aug 2020 04:02:22 -0400 Benefits Of Hiring An Auto Accident Attorney If you are a motorist, then you know by now that car insurance is compulsory for all drivers. This is to cater for any sort of compensation in case of an accident. Depending on the kind of insurance cover you have, the auto insurance is meant to cover any liability cost accrued as a result of an accident. Having car insurance is good and every driver should have one. It is, however, challenging to file an auto accident claim. This is because insurance companies try their best to give their clients the least possible compensation. Some companies even have veteran lawyers who help them win suits against clients with claims. For this reason, every motorist needs to have an auto accident attorney. Besides helping you file your claims, here is why these lawyers are very beneficial.

Clear law comprehension

With an auto accident attorney, you do not have to worry about someone manipulating you into a bogus claim deal. This is because the attorney has a deep understanding of the law procedures and other regulations required in car accident cases. This knowledge enables them to work for the best result, which is full compensation for your car loss as well as the injuries you suffered. They make the case stronger by acquiring concrete evidence as well as a few people who witnessed the accident. The attorney’s experience in law will help handle the insurance company’s reluctance to pay your compensation.

Fair court representation

A lot of people opt to hire an auto accident attorney when a claim dispute arises with the insurance company. For instance, if an insurance company paid you compensation for the loss of your car, you can file a claim for more compensation to cater for medical bills. A good lawyer will assist you in the whole filing process. You can file for different reasons like stress caused by injury, lost income for the period you were recuperating, among others. An attorney will keep you well represented in court, in that you can focus on other activities as the court case proceeds.

Medical examinations

Sometimes, insurance agents ask for special medical examinations to assess a client’s medical condition. Usually, the insurance companies have their own doctors for such instances. These doctors do not treat the clients but advise them on their medical conditions. After the medical exam, the medical practitioners then give a detailed medical report to the insurance company. In such a case, it is good to have an experienced auto accident attorney with you to monitor the examination and ensure that the medical practitioner does it professionally.

Authorizations

When it comes to claims, there are different authorizations that the insurance company will ask for like medical information and documents, as well as your employment release document. These authorizations permit the insurance companies to directly contact your employer and your doctor. This gives them access to your personal information, some which may not be relevant to the claim. Therefore, an auto accident attorney can help you get and grant the insurance company information that is only relevant to the claim. This will help keep your confidential information private.

You may have an insurance agent that will possibly take care of your insurance claim in case of an accident. However, it is wise to have an auto accident attorney on standby so that you may have full proof of any damages that may arise from an accident. Be ready, always.

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Why You Need A Lawyer To Deal With An Unfair Dismissal Claim? Employment law is complex and the same holds true for unfair dismissal claims. It can be confusing to understand and deal with dismissal claims, especially when industrial laws come into the picture. Whether you are an employee or an employer, it is important to seek advice from a specialist lawyer immediately.

These are a few reasons why you should hire a lawyer to deal with your unfair dismissal claim:

Complicated Process

Making unfair dismissal claims is a complicated process involving several laws and regulations. Unfair dismissal pertains to situations where an employer dismisses one of their employees in an unreasonable, harsh or unjust manner.

National and state laws deal with these situations. The problem is that each one of them has its own industrial and tribunal commission. The Fair Work Commission is the national workplace relations tribunal.

It can get difficult to understand which laws are relevant to your situation without having a background in employment law. Lawyers can help make you aware of your rights and obligations in unfair dismissal claims. There are specific rules laid down by individual tribunals that determine which situations qualify for an unfair dismissal claim.

Advice on Other Options

Generally, unfair dismissal claims cannot be made in situations where the dismissal was for a genuine reason. This usually involves the following:

  • The organization experienced operations changes making the job position redundant
  • The employer could not reasonably redeploy the dismissed worker in another business area
  • The employer complied with all rules and obligations relating to enterprise agreement and modern award

Your lawyer can help you determine other options you may have. For instance, employees that are excluded from making unfair dismissal claims can still file for unlawful termination. This involves being dismissed on discriminatory grounds. Other legal options that your lawyer may explain in detail include:

  • Breach of contract
  • General protections disputes (national law)
  • Equal opportunity or anti-discrimination

General protections disputes can be complicated as well since they cover both dismissal and non-dismissal disputes. Non-dismissal disputes may relate to freedom of association, discrimination, and the freedom to exercise workplace rights.

Information on Time Limits

Making unfair dismissal claims is governed by strict time limits. Working with a lawyer can help ensure that you remain within the stipulated time limits. Employees that are within the purview of national law or Fair Work Commission have 21 days to make a claim from the date of dismissal.

Employees making unfair dismissal claims under state law get an extended period of 28 days to file their paperwork from the date of dismissal. These time limits are strict and can be extended in only exceptional circumstances.

It is vital to seek advice from an experienced and knowledgeable employment lawyer given the very short time limits and complexity of law. You need to act as soon as possible if you want to make a successful claim. It doesn’t matter whether you are an employee or an employer – you need to act quickly. Reputed employment law firms can go a long way in saving costs and evaluating the merits of unfair dismissal claims.

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5 Questions to Ask a Family Law Solicitor Before Making a Decision

There’s so much to know about child law in Manchester, divorce law, family law, and them some more. The rules differ according to the state and nation. If you have been dealing with family issues lately, whether with the child custody, with your partner, or family - hiring experienced family law solicitors can help. But how do you decide you have hired the right person for the job?

Here, we will discuss five questions you should ask the shortlisted lawyer before making a call:

1. Do You Handle Family Law Matters Often?

While a few circumstances are uncommon, and no two facts are the equivalent, an accomplished family law solicitor will have all the information on how the various pieces of the law and particularly family law cooperate. So whether they haven't taken care of a case "precisely" like yours – chances are, they've seen enough comparative things to have a strong arrangement of how to move toward it. If you are explicitly into hiring a divorce lawyer in Manchester or wherever you live, ask how many clients they have helped with divorce previously.

2. Fee

Cash – What are the retainers (both non-refundable AND billable) and hourly rate(s); what do they spread, and what things do they charge for, do they offer a flat fee for your type of issue, and what amount of this could cost all out?

Perhaps for certain individuals, the expense of lawyer fees is not a problem, yet for everyone we know has a breaking point! Obviously, time spent taking a shot at your case, conversing with you on the phone, noting messages will be charged, yet shouldn't something be said about significant distance/phone expenses, research/LexisNexis expenses, postage, documentation, commute, different expenses? Will you get a detailed bill or a general bill? These easily overlooked details can add up later. So ensure you know beforehand what you are (and are not) paying for!

3. What are my Possible Outcomes and the Timeline?

A case can be simple, for example, local assent custody for a kid and backing. In any case, some of the time a case – especially equitable dispersion, for instance, is driven by local standards and relying upon the measure of conjugal property – may take somewhere in the range of 3 months to 2 years. Additionally, your objective for a case might be reasonable – or not –, for example, care. Most appointed authorities – missing genuine medication, liquor, the considerable separation between homes, and so on – won't probably request SOLE care.

Realising the potential results of your case before can assist you with choosing if the selected law office is in the same spot both financially and objective wise!

4. Who will I be Working With?

Will you directly handle my case or any subordinary will represent? Additionally, ask will different lawyers in your office handle the case? Do you lean toward messages or calls? What is a normal response time on correspondence? What about care staff or everyday contact? Realising who to call or when to call is significant! In many firms, the daily discussion will be through the lawyer's paralegal, yet the workplace will realise how to get tightly to the lawyer if a genuinely need springs up. Does the lawyer browse their own email or does a staff part check them? Ask all these questions to clear your queries.

5. What are the Serious Issues in My Case?

Each case has its own issues like when you are dealing with child law in Manchester, the case will be different than when you are working with a divorce lawyer. If your potential lawyer can't share the bad news with you about your case in the first consultation, be concerned. Presently, not all issues casual, and practically all issues can be survived, some simpler than others. For instance, a mutual divorce is about as simple as it gets. You must have great legal help, so a likely minor, yet significant issue would be if the opposite side wouldn't like to get served. A court can't concede a divorce if the opposite side hasn't been served. So comprehending what the expenses would be if the other party doesn't "collaborate" in getting served is acceptable to know before you get a bill.

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Uncategorized https://www.lawresolution.com/blog/5-questions-to-ask-a-family-law-solicitor-before-making-a-decision/ https://www.lawresolution.com/blog/5-questions-to-ask-a-family-law-solicitor-before-making-a-decision/ Editor Thu, 06 Aug 2020 02:02:49 -0400
7 Factors to Consider When Searching for an Attorney in CNMI Any resident of the Commonwealth of Northern Mariana Islands (CNMI) knows that access to legal services is very important. But if you’re looking to hire a lawyer in CNMI, what qualities should you look for? How can you make sure that you’re hiring someone who sees eye to eye with you? Who among the Northern Marianas’ many lawyers will fight for the best possible outcome for your case?

To help ordinary CNMI residents find their ideal attorney and advocate for their cause, here’s a list of seven factors to take into account when hiring a lawyer in the territory. If you need to contact one today, this information should help you in your search for qualified attorneys in CNMI.

Is the Attorney Well-Versed in the Concerned Practice Area?

Logic dictates that if you had a serious respiratory illness, you’d visit a pulmonologist. That same logic applies for when you are looking for an attorney. You’ll want a specialist of the practice area you’re consulting for so that your case will be handled with a high level of expertise. 

When searching for an attorney in CNMI, take note of which practice areas they consider themselves experts of. Examples of practice areas are estate planning, criminal law, bankruptcy, immigration law, personal injury, employment law, and the like. If your concern falls under any of these practice areas, then the practicing lawyer may be the best for the job.

Does the Attorney Have the Right Credentials and a Good Track Record?

You will, of course, want to hire an attorney with the proper credentials. Your attorney should have finished law school in a reputable institution, and their name should be on CNMI’s Bar. 

The attorney’s track record, as well as their reputation among their peers and former clients, is also of utmost importance. When you find the attorney’s website, see if any former clients have left testimonials about the quality of their service. Do the same in third-party sites across the internet. If you read good things that apply to your own case, then you’ve found a CNMI lawyer with a clean name and great integrity.  

Does the Attorney Have the Right Level of Experience?

Experience also matters in your choice of attorney. No client’s case is exactly the same as another’s, and each case requires different levels of strategy. Some cases can be resolved quickly, but others may take time and require greater mastery of CNMI’s laws and law system from the concerned attorney.

For a simpler case, it will be enough for you to hire a young attorney who’s just getting their name off the ground. But if you’ve got a more complicated claim that’s sure to spend a long time in court, hire an older, more seasoned attorney.

What Fees Will Your Attorney Charge You?

Hiring a lawyer is rarely cheap wherever you are in the world. But some CNMI attorneys will give you better value for money than others. To know this for sure, you can get quotes from several law offices and compare prices for what level of service you’re expecting.

Some attorneys are also more upfront than others about their payment structure, and that’s a definite plus for them. Hire a lawyer who is clear about how all their fees will add up, from their flat fees to their hourly fees. That information will be of great help to you when you’re planning your payments to your lawyer.

How Good Are Your Attorney’s Communication Skills?

You will definitely want an attorney with excellent communication skills. Of course, their law practice has trained them to be articulate and skilled in their use of legal knowledge. But proficiency in legalese isn’t the only kind of communication skill you should look for.

The best lawyer for you is one who can break down even the more complicated law concepts in layman’s terms. It’s this kind of lawyer that will help educate you about CNMI’s laws and understand the best outcome you can achieve for yourself.

How Accessible Is Your Attorney?

Accessibility is another important factor, especially if you have a deadline for when you want your case to be resolved. You will want a lawyer that can attend to your needs swiftly and who can promise you the level of involvement you need.

For best results, look for a lawyer who is not currently overloaded with cases. If they have enough time and resources to focus on your case, then it’ll likely be resolved in a timely manner.

Will You Be Able to Establish Rapport with Your Attorney?

Though many people may not realize it, rapport counts for a lot when choosing an attorney. Given the physical, mental, financial, and emotional strain of navigating the Northern Mariana law system, you will want a proper advocate for your cause. Your lawyer should be someone that you trust and who sets you at ease. If they made a good impression on you and you know that your values align, your partnership is likely to be successful.

Your lawyer should also be of the character that will serve you well in your case. For example, it’s good for a family lawyer to have a calm and compassionate disposition, while a bankruptcy lawyer should be a smart negotiator. If the right types of people are on top of your case, you have a higher chance of getting a good experience with them overall.   

Whether your desired outcome is a settlement, a personal injury claim, or proper punishment for someone who’s violated your rights, your choice of lawyer matters. Find an attorney who can help you with the fine details of CNMI’s laws and win you the best possible outcome.

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Hiring an attorney? Five Quick Fire Questions Ask to Make a Smart Choice Hardly will you need an attorney until you face some severe issues such as a car accident, a dispute with a person, or theft. If you have never hired any Fort Worth lawyer, then it can be challenging for you to find the right one for your case. You will get choices of different law firms providing all types of services. With so many options available, it becomes confusing to determine the right lawyer. In this write-up, lets highlight five must-ask questions in order to find the right lawyer for your situation.

  1. Will the lawyer personally handle your case or refer it to someone else?

All your research and efforts will be of total waste if the lawyer you select is not handling your case personally. Indeed, no lawyer can alone handle all different tasks during the entire case duration. But your lawyer must be present during the critical decisions for the effective representation of your case.

  1. What results, the lawyer has obtained in similar cases like yours in the past?

At the end of the case, all that matters is a success. It is a fact that every different case is unique, and it is quite challenging to compare two cases. Knowing about the previous results of the attorney will help you to determine the probability of the success of your case. The attorney should provide you with the information such as the final claim amount obtained in the cases which are quite similar to yours.

  1. What will be your obligations towards your attorney if you lose?

To keep things smooth between you and your attorney, you must ascertain a few things. Ask your attorney what if you lose the case? Do you need to pay any fees? Most of the personal injury lawyers work on contingency fees and clear all the payments during the case proceedings. You do not need to pay anything under this arrangement if you do not win. However, not every lawyer works on such an arrangement. Ask about the fees under different circumstances and be clear before you hire.

  1. Experience of the lawyer handling your case

The minimum requirement to practice law is graduating from a law school and clearing the bar exam. New lawyers with less experience generally are not well prepared for the efficient representation of the case. An experienced lawyer knows how to think out of the box and takes wise decisions under different situations while representing your case. To win your lawyer must hold a good experience of representing cases like yours.

  1. Will the lawyer be readily available when required or not?

You will be wasting both your time and money if you won’t be able to reach your lawyer in a timely fashion. A good lawyer will be readily available for you when required 24*7. Undoubtedly your legal case is crucial for you. In an emergency, you may need the assistance of the lawyer immediately. Make sure the lawyer will respond to your calls/emails timely. If the lawyer is not making your case a priority, then you must look for some other lawyer.

With legal matters, you must not take any chance and be extremely careful while hiring a lawyer. Learn about the reputation of the law firm/lawyer. Attorney worth hiring will be able to answer all your questions. No lawyer can guarantee you the success of your case. You can increase the chances of your success by hiring a well-experienced lawyer for the representation of your case.  

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Uncategorized https://www.lawresolution.com/blog/hiring-an-attorney-five-quick-fire-questions-ask-to-make-a-smart-choice/ https://www.lawresolution.com/blog/hiring-an-attorney-five-quick-fire-questions-ask-to-make-a-smart-choice/ Editor Fri, 12 Jun 2020 00:39:12 -0400
No Win-No Fee Policy: 5 Things You Need to Know

A No-win, No-fee is an agreement between the claimant and personal injury lawyer, which bars the lawyer from earning the contingency fee in case of claim failure. This policy helps the client to pursue legal action again without risking their finances. Here are 5 things one must know about the policy:

What to do if ‘no win, no fee’ claim is successful?

After we get to know that our claim is successful, we will need to cover all the legal costs incurred during the process. It will be recovered from the defendant, who was responsible for your injury. Your lawyer will fight to his full extent to ensure you receive all your long-term compensation related to your lost income and all the costs involved until you are recovered.

After the settlement, you will need to pay your lawyer legal fees as well as the upfront insurance cost from the awarded compensation. The insurance amount is payable to the success of the claim only.

How do we know if a ‘no win, no fee’ claim work?

The No-win No-Fee policy states that no-win-no-fee lawyers will take out an insurance policy on their behalf to facilitate legal expenditure costs for the compensation claim process. These costs will include court fees and other expenses. 

Before making the compensation claim process, the lawyer will evaluate the strengths and weaknesses of a claim to decide the prospect of success and failure. If he finds a realistic possibility of securing compensation, he may continue to fight for them on a No Win No Fee basis.

Things to do after the claim is unsuccessful.

Based on No Win, No Fee policy, the claimant has to pay nothing unless they are not fraudulent and have cooperated with their advocate during the claiming process. While generally everyone pursues the claim to succeed but, in some instances, the claim fails. The person could be forced to pay costs related to the claim process or lawyer fees.

The personal injury lawyer covers their expenses with their covers. While it may be disappointing, but still the claimant has another chance because of No Win No Fee to reapply their claim from a third-party lawyer who they feel is capable of forming a proper strong case in front of the law.

When am I responsible for paying costs if my claim fails?

Regarding the stringent rules of No win No Fee policy, a claimant who is right in front of the law and has honestly cooperated with the lawyer is free from paying any cost to anyone in the outset of failed claims. Lawyers will check if the claimant is falsely pursuing a claim. If he finds out that the documents or details are incorrect, they can recover the costs.

In situations where the claimant is not available to sign authority or proper medical assessment tests are not provided before court deadline, the claims will be unsuccessful due to the claimant’s fault. In this case, the lawyer will charge incurred costs and legal fees from the claimant.

When can you cancel a No Win No Fee agreement?

There are scarce chances for a claimant to cancel a No Win No Fee policy or agreement with the personal lawyer. But there is also a facility to cancel this agreement within the first 14 days after signing. This will be a cooling-off period in which no fees would be payable to the advocate. If the claimant is cancelling after 14 days, then they will have to pay legal fees to their lawyer to recover the costs they have undertaken to claim their compensation.

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Uncategorized https://www.lawresolution.com/blog/no-win-no-fee-policy-5-things-you-need-to-know/ https://www.lawresolution.com/blog/no-win-no-fee-policy-5-things-you-need-to-know/ Editor Thu, 28 May 2020 06:04:42 -0400
Officials Push Manufactured Home Zoning Changes to Increase Affordable Housing The affordable housing crisis appears to be reaching critical mass, and officials are now turning their attention to zoning laws in an effort to encourage cost-effectively manufactured homeownership for working families.

The American dream has turned into something of a nightmare. The rising cost of homes has reportedly become so burdensome that upwards of 43 million households squander money renting. According to reports, that number has increased from only 36 million in 2003. That’s largely because they cannot adequately meet the financial obligations of owning their own home.

Habitat for Humanity sponsored Harvard University’s Joint Center for Housing Studies 2019 State of the Nation’s Housing report and published startling information about the affordable housing crisis.

“More than 18 million households — 1 in 6 — are paying more than half of their income on housing and are considered severely cost-burdened,” a Habitat for Humanity summary of the report states. “The largest share of these households includes 9.5 million renters earning less than $30,000 per year and 5.4 million homeowners earning less than $30,000. Severe cost burdens also affect 1.1 million homeowners earning between $30,000 and $44,999, 927,000 renters earning between $30,000 and $44,999, and 731,000 homeowners earning between $45,000 and $74,999.”

This affordable housing crisis not only impacts low-income families. College-educated Millennials, who comprise the largest single demographic in the workforce, are grossly overburdened with student loan debt. The average salary of households headed by Millennials was approximately $69,000 against a median single-family home hovering at $300,000, according to the U.S. Census Bureau. It’s easy to see why more and more Americans are struggling to afford a home of their own.

By contrast, manufactured homes can be purchased new at a fraction of the cost as existing site-built ones. These off-site built structures adhere to strict federal quality construction guidelines. Pre-built single section homes run about $63,000, which is lower than the average annual salary of Millennials. The larger double section homes are an affordable $109,000 on average, which is well within many working families’ reach. The cost-effective difference has garnered the support of U.S. Secretary of Housing and Urban Development Ben Carson, who has been pressing federal, state, and local decision-makers to reconsider zoning prohibitions.

“We’re having a significant problem in our country right now with affordable housing and also with resiliency,” Sec. Carson reportedly said at the Innovative Housing Showcase event co-hosted by the National Association of Home Builders (NAHB). The HUD chief pushed the political point that “many zoning barriers are based on outdated thinking.”

“That’s one of the reasons that we’re having this display, so not only that people can see this and disabuse them of the notions that manufactured housing are trailers and trailer parks and seeing what can actually happen here,” Carson reportedly said. “I’m standing inside of a manufactured home right now — it’s a beautiful place. It has a living room area, three bedrooms, kitchen, couple of bathrooms. And yet you know the cost of this is 30 to 40 percent less than a site-built home.”

California ranks among the most challenging places to afford a traditional site-built home. But massive wildfires decimating communities and the nation’s worst homelessness crisis have areas once considered purely high-end making zoning changes. San Mateo County struggled with an average single-family home costing upwards of $1.2 million in 2017. In an effort to make the American dream a reality for residents of the Golden State, zoning regulations were updated to allow manufactured home neighborhoods. The planning and zoning board carved out a Mobile Home Zoning District that delivered economic justice, as well as affordable housing.

“The county recognizes, as the state does, that these are a unique form of housing that should be recognized and regulated for what it is,” a planning board member reportedly said. “Part of the recognition is that they’re residences and have been located in residential areas for a very long time.”

In areas destroyed by wildfires such as Paradise, California, families who lost their properties face increased materials and labor costs that sometimes exceed insurance coverage. People who rebuilt following the fire saw a 22-percent uptick in new construction costs. At nearly $200 per square foot, many previous homeowners were being priced out. The town’s planning and zoning took that and other factors into consideration. The board opened the doors for residents to restore the community with more manufactured homes, under the stipulation they are direct from the factory.

“We really struggled with those decisions that we knew could price some people out of our town,” Planning Commissioner Stephanie Neumann reportedly said about limiting mobile homes on properties. “But we just didn’t feel comfortable not knowing what shape these homes would be in, and that they wouldn't be financeable to sell in future.”

The planning and zoning board took additional steps to improve home safety regarding wildfires. More manufactured homes will be outfitted with fire-resistant materials and metal roofs.

Although California has removed manufactured home zoning barriers due to extreme necessity, the cost-effective numbers tell the story. Site-built construction costs and national affordable housing shortages diminish the quality of life of everyday people. As officials loosen zoning laws to include manufactured products, the American dream of owning your own home becomes possible for more hard-working families.

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When a Birth Injury Becomes a Medical Malpractice Case

For parents looking forward to the birth of a healthy and happy baby, a birth injury is a devastating outcome. There are approximately 4 million babies born in the United States each year, according to the National Center for Health Statistics, and about 1.7 percent of those births involve an injury. That equals around 68,000 infants who suffer birth injuries each year. If the injury was preventable, meaning it wasn’t caused by a genetic disease or condition but rather was due to medical negligence, the despair and anger parents feel can be crushing. What is the difference between a birth injury caused by genetics, also referred to as a birth defect, and an injury caused by medical negligence?

As babies grow in the womb, family health histories and genetic factors can play a big role in their development. Birth defect injuries are caused by genetic diseases or conditions that babies are born with and that could not have been prevented. These illnesses and injuries are not usually the fault of actions or inactions by doctors, nurses or other medical professionals.

A birth injury caused by negligence, on the other hand, is a preventable injury resulting from the inappropriate action or inaction of a doctor, nurse or other healthcare professional. Negligent birth injuries happen before, during or after labor. Injuries to newborns caused by negligence may leave the negligent medical providers open to malpractice claims.

Malpractice Injuries

Just a few of the actions or inactions by healthcare providers during delivery and childbirth that can lead to birth injuries include:

  • Improper or forceful use of forceps, vacuum suctions, and/or other instrumentation during delivery
  • Delaying emergency Cesarean sections in the presence of fetal distress
  • Failing to monitor the vital signs of the mother and fetus during labor, including oxygen intake
  • Failing to recognize symptoms of fetal distress, including slowing heartbeat, knotted or twisted umbilical cord or other signs
  • Not adequately treating jaundice or infections in newborns.

The types of injuries that these missteps by doctors and medical personnel can lead to include: 

  • Brain damage
  • Breathing damage
  • Broken bones
  • Cerebral palsy
  • Cognitive impairment
  • Erb’s palsy
  • Paralysis
  • Soft tissue damage
  • And others.

What Parents Should Consider

An injury during birth doesn’t always equal medical malpractice. Generally speaking, medical malpractice occurs when a physician or other healthcare provider fails to do what a reasonable healthcare provider would do under similar circumstances. Legally, there are several criteria that must be met in order to establish malpractice.

If a parent believes a birth injury may have been caused by negligent care from a medical professional, they may wish to consider their legal options. Medical malpractice law is highly complex and varies from state to state, so it is a good idea to consult with a birth injury attorney who is highly experienced in pursuing malpractice claims. In preparation for a consultation and possible claim, parents should keep copies of their baby’s medical records, including diagnosis information (it can be a good idea to seek more than one opinion), hospital birth records and their own medical records, including the mother’s OB-GYN records. When considering pursuing a medical malpractice claim, time is of the essence, because these claims have statutes of limitations that vary by state.

Another thing to think about when considering a claim is how the injury will affect the child’s life. Some injuries resolve shortly after birth or as the child grows, while others will require a lifetime of medical treatment, care and expense. In other words, because of the lifelong consequences of their injuries, the child will never have a “normal” life. This, too, is an issue on which parents can receive guidance from a qualified and experienced medical malpractice attorney.

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Uncategorized https://www.lawresolution.com/blog/when-a-birth-injury-becomes-a-medical-malpractice-case/ https://www.lawresolution.com/blog/when-a-birth-injury-becomes-a-medical-malpractice-case/ Editor Wed, 20 May 2020 10:01:27 -0400
5 Ways a Good Family Lawyer Can Help You in Family Litigations In the event of family litigation, what do you do first? One of the most important things to do is to find a good family lawyer. It seems an obvious course of action. However, the truth is that there are people in Perth and across Australia who don’t hire a family lawyer for their own personal reasons. Sometimes, doing this can produce favourable results. More often than not, however, it will end unfavourably.

That’s why it’s still best to work with family lawyers Perth residents trust. A good family lawyer can provide you with more than just legal advice regarding divorce, child custody, and other family law issues. Below, we discuss a few ways how a good family lawyer can ensure that your best interests and rights are protected.

They Can Help You Understand the Law

A good family lawyer can help you have a better understanding of family law. If there are loopholes or technicalities in your case, they are equipped with the knowledge and experience to spot and rectify them. If you don’t hire a family lawyer, you’re likely to miss important details that can spell the difference between a good and a bad outcome. A family lawyer can also help prepare you for the aftermath. They can even give you an idea of what the likely outcome of the litigation will be.

They Can Help You Avoid Misrepresentation

Different Australian territories have different provisions and procedures when it comes to the law, including family law. You may be familiar with child support laws in Sydney, but Perth has its own set of rules (no matter how subtle the difference). Thus, hiring a family lawyer who belongs to your jurisdiction is key to avoid errors and misrepresentation. A good family lawyer can help you ensure that your case is accepted and heard because they know how to do things the right way.

They Can Provide Impartial Views

When you’re dealing with a turbulent family matter, say a divorce, you often get tunnel vision. You only see what’s ahead of you and forget about supporting facts that may be lying on the sidelines. With the help of a family lawyer, you won’t lose sight of the facts. More importantly, your lawyer can ensure that all these facts are presented and properly articulated without traces of personal opinion. Working with a good family lawyer also increases your chances of winning a case because they understand which points have more bearing.

They Can Provide Emotional Support

The problem with family litigations is that the people who are supposed to provide emotional support can also be the same people you’re going against. Obviously, your friends can lend a listening ear and give valuable advice. The thing is, there are times when your friends will only say what you want to hear in a misguided attempt to console you. However, your family lawyer often knows better. They can give you emotional and moral support that’s also practical. If they can’t, they can refer you to a person who can do a better job. Family lawyers also know how emotions can affect decision-making and advise you against making rash choices. Indeed, talking things through with a family lawyer may even help you settle issues without having to go take legal actions at all.

They Can Help You with All Family Matters

Sometimes, people associate family lawyers with specific cases like separation and divorce, or child custody and support. However, family lawyers are experts in all matters that pertain to family law. These include things like prenuptial agreements, child relocation, as well as wills and estates. Family lawyers can also help you with domestic violence. A good family lawyer can ensure that all your bases are covered, so to speak.

In closing, hiring a family lawyer will help take a huge burden off your shoulders. As your lawyer handles the most important matters, you can relax not just physically but also mentally and emotionally. A good family lawyer understands the stakes and will put you in the best position to win a case.

Have you found a family lawyer that you can trust to handle your family litigation? Get in touch with HHG Legal for advice and consultation.

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Uncategorized https://www.lawresolution.com/blog/5-ways-a-good-family-lawyer-can-help-you-in-family-litigations/ https://www.lawresolution.com/blog/5-ways-a-good-family-lawyer-can-help-you-in-family-litigations/ Editor Wed, 06 May 2020 23:14:51 -0400
Long Term Consequences of a DWI Conviction There are several long term consequences to a DWI conviction. Whenever you’re facing a charge of DUI/DWI always retain the services of an experienced DWI attorney. Below are some of the permanent long term consequences of a DWI conviction

Financial Consequences

DWI convictions are often super costly. On average convictions for driving while impaired cost roughly $10,000.00. Between legal fees, court costs and fines, and insurance increases DWI convictions will cost you more than you think. Here is a breakdown of some of the financial consequences of a DWI conviction.

  • Increased insurance premiums. Every DWI conviction will result in a substantial insurance increase for a minimum of three years. Additionally, some insurance carriers will no longer insure you at all.
  • Increased spending on finding alternative rides such as Uber and Lyft while your license is suspended.
  • Limitations on your job opportunities. Some jobs will not hire a person without a valid driver’s license. Additionally some companies require a background check upon hiring and a DWI conviction may prevent you from passing the background check.
  • Ignition interlock devices. Some DWI convictions require an ignition interlock device in order to start your car. These devices are costly. A person with a blow and go must pay the installation and monthly service and maintenance fees. A person also pays for each lockout.
  • Vehicle towing and impound fees. Upon being charged with a DWI the vehicle you were driving is likely going to be towed and impounded. You can best believe that the state charges a hefty fee for their towing and impounding.
  • Probation supervision fees. If your DWI requires supervised probation in lieu of jail time there are fees associated with being placed on probation. A person on probation will pay a monthly supervision fee.
  • Substance abuse treatment. In order to restore your driver’s license in many states you will need to complete vigorous substance abuse treatment. Typically a person will need to take an assessment which costs $100.00. Additionally a person will need to pay for each hour of substance abuse treatment. Each hour costs $20.00. Most people will take 20 hours of substance abuse treatment.
  • Civil lawsuits. Some people who are convicted of a DWI will also face civil lawsuits. For example, while driving drunk, if you hit another person’s car or other property they will likely sue you for the damages. Or even worse if you injure or kill another person that could also result in an even more costly lawsuit.

Other Collateral Consequences

There are also collateral consequences surrounding DWI convictions. Collateral consequences of a DWI conviction is anything other than the punishment itself. 

  • License suspension. Your license will be suspended for a minimum of one year for a first time DWI conviction. Some convictions require an even longer suspension such as a permanent revocation.
  • Inconvenience. The inconvenience of finding alternative rides. The inconvenience of having a probation officer. The inconvenience of not being able to rent cars or paying extra fees to do so.
  • Immigration status. Losing your immigration status or rights to stay in America. A conviction for driving while impaired can result in deportation.
  • Permanent criminal record. In some states such as North Carolina a conviction for driving while impaired cannot be expunged.
  • Drug testing. While on supervised probation a person is subject to random drug testing. Failing drug tests while on probation can result in jail time. 

The consequences for a conviction of driving while impaired are much more extensive than many people realize. Anytime you are charged with drunk driving always retain an attorney. Never try to fight DWI charges alone. 

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Uncategorized https://www.lawresolution.com/blog/long-term-consequences-of-a-dwi-conviction/ https://www.lawresolution.com/blog/long-term-consequences-of-a-dwi-conviction/ Editor Tue, 05 May 2020 00:19:03 -0400
Managing Millennials: How Law Firms Can Adapt to the New Generation of Employees The following is adapted from The Case for Culture.

(Royalty free image: https://unsplash.com/photos/zd8px974bC8, Credit: Unsplash / matfelipe)

Millennials make up 35 percent of the general workforce and it will not be long before they are the majority, and yet many more-experienced professionals still don’t quite know what to make of them. Stereotypes abound, often negative:

“Millennials are lazy clock-watchers.”

“They hop from job to job.”

“They don’t care about anything.”

In my experience, these stereotypes miss the mark and prevent leaders from seeing the truth: millennials possess many of the best qualities that we seek out the most in employees, they can be tenacious, a drive for justice, and a passion for making the world a better place. As I’ll explore in this article, millennials might, in fact, be exactly what your law firm needs to reach its next level of success.

Decoding Millennials

I used to be very awkward around millennials. We have had many work for our law firm, and we still do. At first they just looked like clock-watching phone zombies to me. They seemed more concerned with lunchtime and running out of the office at 5 p.m. than with working hard. I often struggled to talk to them.

This was a challenging experience for me, as I can usually talk to anybody. I recall being so uncomfortable standing in the kitchen with one of our millennials, pouring myself a coffee while they made avocado toast. I didn’t know what to talk to them about. I just couldn’t relate to someone who had never seen Seinfeld.

Then we hired Lauren. She was a millennial and she was just wonderful. Lauren was one of our early employees and came to us straight out of school. She is smart, calm, soft-spoken, compassionate, and caring. We finally had a millennial I really liked. One day, she was getting up from her desk, ready to head home for the evening. I said, “Lauren, can I talk to you for a minute?”

She looked at me and said, “It’s after 5 p.m.”

Then she gave me a half-apologetic smile and left the office. I couldn’t believe it. Are you kidding? I thought. It was three minutes after five, I was her boss, and I wanted to speak for one minute. I couldn’t understand her mindset. Lauren wasn’t an asshole; she was smart and kind. She cared about our clients and the work. She was the type of person I wanted working for us—in every aspect except for this.

After my indignation wore off, I wondered how I could keep Lauren motivated at work. I wanted her to remain engaged, and, if possible, prevent my head from exploding when she waltzed out at 5 p.m. on the dot.

The Truth about Millennials

The incident with Lauren set me off on a researching spree where I read all I could about millennials and discovered that most, if not all, of the stereotypes are misleading. After learning more, Lauren’s actions even made sense to me. Most millennials don’t let work become their everything. Rather, they want it to be a driving force for a healthy life. Everybody could do with more of that attitude.

In general, millennials are concerned citizens who want to make a positive impact on the world. They are purpose-driven. This means there’s a new generation of lawyers and staff who want to be more humanistic. If your firm has a purpose-driven culture that puts human needs first and lives by a set of values, millennials will embrace that. It will help them feel empowered to positively impact the world in a bigger way than they could ever accomplish alone.

The statistics also say millennials jump around in their jobs. They won’t stay put, and they have no loyalty. When I dug deep into the analysis, though, I discovered that millennials do value stability. They simply won’t stay loyal to a company without a stable, purpose-driven culture. To millennials, culture and purpose are everything.

Why I Want to Hire Millennials and You Should, Too

At my law firm, I want employees who care about their impact on the world. I want people who prioritize their health to prevent burnout. And I respect those who are unwilling to sacrifice their stability to a big, heartless company. Millennials, it turns out, are people I want to be around.

And let’s be truthful, lazy, unmotivated people are not confined to a specific generation.  We’ve all seen plenty of these people in their 40’s, 50’s and 60’s in the workplace. 

I began to embrace our millennials. I tried to make them feel cared for, so they’d want to stay with our firm. I wanted to create a culture that would keep these hard-working, conscientious people around. In many ways, this led me down a rabbit hole of cultural improvements, which resulted in millennials staying loyal to the firm, and older staff improving their work and their lives.

With our improved age diversity, we became a more creative company. Greater creativity led to less turnover and more profits. It all contributed to our success. If you, too, want to tap into the positive qualities millennials bring to the table, take steps to create a welcoming, creative, and purpose-driven culture. Not only will you attract and retain more millennials, but your overall work environment will grow into a more productive, positive place.

For more advice on improving company culture, you can find The Case for Culture on Amazon.

Eric Farber is on a mission to change how law firms operate by showing lawyers the value of putting culture first. During his twenty-five years as a lawyer, Eric has lived the transformation from scarcity to abundance that becomes possible when you shift your perspective and prioritize people. As the CEO and chief legal officer of Pacific Workers’ Compensation Law Center, Eric’s focus on culture helped him build a seven-figure firm that’s gone from four people to forty in just five years, been an Inc. 5000 company twice, was named to the Bay Area 100 list of fastest-growing companies, and spent two consecutive years in the top fifty of Law Firm 500.

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Uncategorized https://www.lawresolution.com/blog/managing-millennials-how-law-firms-can-adapt-to-the-new-generation-of-employees/ https://www.lawresolution.com/blog/managing-millennials-how-law-firms-can-adapt-to-the-new-generation-of-employees/ Editor Wed, 29 Apr 2020 22:29:10 -0400
How to Support Your Children Through a Divorce As a loving parent, your natural response is to want to protect your children from any aspects of divorce that they find distressing. While your divorce is necessary — both for your own emotional wellbeing, and your childrens’ long term happiness — it can be difficult to know how best to support your kids during this initial period of upheaval. 

You’ll always work hard for your children’s happiness, but there will be mistakes made along the way by both you and your spouse. However, there are some key areas on which you should be focusing to help you and your kids make the best of a difficult situation. Implementing these strategies can help to ensure that your children are well supported during your divorce, and that they have a positive outlook for their future.

Maintain Both Parental Relationships

This can be one of the most difficult aspects of any divorce, but it’s important to remember that just because your relationship with your spouse has broken down, this doesn’t mean that your kids’ connection to their parents should go the same way. 

Work as much as possible to ensure that both of you spend an equal amount of time with your children. This isn’t always logistically practical, but efforts should be made to ensure that the kids have ample opportunities to maintain their bond with both father and mother. There will be times, particularly in the early days of the divorce process in which your children may wish to occasionally spend a little more time with a parent, and both the adults in the scenario should make reasonable efforts to accommodate these needs.

It’s also worth noting that technology can play an important role here, too. Encouraging children to make regular video calls via Skype or Facetime with the non-custodial parent can help them maintain a sense of normality at a difficult time — however, these calls should be made in private. Your children should feel they are able to converse with and confide in each parent without the interference of the other.  

Build a Culture of Honesty

Most parents going through a divorce instinctively want to reassure their children at what can be a confusing and difficult time. There are areas in which comfort words should be provided; the divorce is not their fault, both parents still love them, and so forth. However, what isn’t helpful to your child is setting unrealistic expectations or sugar-coating the truth. During a divorce, a culture of honesty with your children is crucial.  

Encourage them to ask any questions they have, and answer them truthfully but with a degree of sensitivity. There will certainly be bigger, long-term questions to which you won’t have immediate answers — such as how custody arrangements will work, and what will happen during the holidays. If you don’t know the answer to a question, tell them as much, but also let them know what you expect to happen, and what efforts will be made to help them on this front.

It’s worth noting that being honest does not extend to over-sharing. There may be elements of the divorce that are not suitable for children, or may detrimentally affect their opinion of the other parent. Don’t volunteer negative opinions, or conjecture either — this can serve to hurt your children, and could also have consequences on your case.  

Encourage Expression

There is bound to be a rollercoaster of emotions, ideas, questions, and fears roiling around your child’s mind during a divorce. This may continue for a long time after the formal process is complete, too. It is imperative that you make it clear that your children are free to express themselves to you.

Why does this need saying? Well, it may be the case that your child is unsure whether their questions are appropriate. They will notice that you are experiencing some emotional turmoil yourself, and might be avoiding the subject in order to prevent causing you further pain. However, keeping their emotions, questions, and fear locked up inside can be damaging to their mental wellbeing.

As adults, we know just how disruptive to other aspects of our lives mental illness can be, both in the short and long term. Giving our mental health priority is a key part of ensuring that we can better handle the daily challenges and tribulations that come our way. The same goes for your children. By providing them with a clear outlet through which to express and discuss their feelings with you, you’re providing opportunities to help ease some of their mental and emotional burden.  

Keep the Peace

Aside from the necessity to divorce, there may well be some bad blood between you and your spouse during the process. However, your anger and frustration at your former partner should not be witnessed nor directed toward your children.

Particularly when it comes to divorce advice for men, there is a raft of specific behaviors to avoid, and others to adopt. These not only better support your child at a rough time in their lives, but also to provide you with the best possible chance of achieving a positive outcome to your divorce and custody cases. This includes not apportioning blame for the divorce on your partner in public, and certainly not within earshot of your children. Particularly in our digital age in which your kids may have their own social media accounts, avoid posting negatively about the other parent.

You’re only human, and it’s perfectly natural to feel a sense of loss and resentment. However, bear in mind that your children may be experiencing a more profound loss, and being stuck in the middle of two warring parents will only serve to make them feel scared, unstable, and conflicted. By remaining civil with your spouse during the divorce process, you can help your children to navigate this time without additional and unnecessary strain.

Conclusion

Divorce is rarely a simple matter, fraught with complex emotions and arrangements. The support you give your children at this time is crucial to their continued wellbeing. Help them maintain their individual bonds with both parents, encourage them to speak openly and honestly, and engage only in a civil discourse with your spouse. This isn’t an easy time for you or your kids, but you have the power to act positively.

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Uncategorized https://www.lawresolution.com/blog/how-to-support-your-children-through-a-divorce/ https://www.lawresolution.com/blog/how-to-support-your-children-through-a-divorce/ Editor Wed, 29 Apr 2020 02:57:52 -0400
5 Things to Consider While Building a Remote Legal Team

The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you've been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise, for example, somebody as an excellent criminal defense attorney. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

If you are going to hire a legal assistant or build a strong remote team of legal/paralegal experts, above mentioned points will definitely help you. All the best!

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Uncategorized https://www.lawresolution.com/blog/5-things-to-consider-while-building-a-remote-legal-team/ https://www.lawresolution.com/blog/5-things-to-consider-while-building-a-remote-legal-team/ Editor Sat, 28 Mar 2020 18:33:17 -0400
4 Reasons It's in Your Best Interests to Get a Criminal Lawyer’s Help There may come a time when you are mistakenly accused of a crime that you did not commit. And though the truth may be on your side, fighting to clear your name is not an easy thing.

It doesn’t help that the criminal justice system is hard to navigate. Even one wrong move could turn the odds against you. So you shouldn’t engage in any legal battle without sound advice and representation.

That’s why you’ll want to get the help of experienced criminal lawyers Perth residents trust. They have the legal knowledge and skills that can make or break your case. If you’re still in doubt, here are a few reasons why you’ll need their help in case you’ve been wrongfully accused:

  1. The Law Is Complicated

If legal procedures were straightforward, then there would be no need for lawyers at all. Unfortunately, the law is quite complex and difficult to navigate. To further complicate matters, what’s expected of lawyers is also constantly changing and evolving. Most people don’t have the time to keep up with these changes, much less the background to fully comprehend them.

It takes years of studying and experience to know the ins and outs of criminal law. In cases like these, it’s more practical to hire a criminal lawyer to walk you through the process.

  1. Representing Yourself Is Risky

You may feel hesitant to hire a criminal lawyer because of the potential costs involved. But going to court without legal help is like going into battle without the proper equipment.

Without legal expertise, representing yourself could lead to disastrous results. You could end up incorrectly charged or sent to prison. Additionally, there could be other serious ramifications that could ruin your life. For instance, you may be disqualified from obtaining or holding a driver’s licence. You may also be turned down when applying for jobs due to having a criminal record.

Fortunately, a criminal lawyer can help you avoid landing into these situations. Hence, the initial investment greatly outweighs the costs of being wrongfully found guilty.

  1. Police Interviews Are Tricky

Upon arrest, you’ll usually undergo a police interview as part of standard procedure. But you may be too rattled and anxious by the situation to think straight. If you don’t know the right words to say, you might end up making the situation worse. And you can’t exercise your legal rights if you don’t know what they are.

That’s why it’s a good idea to have a criminal lawyer present as you talk to the police. They can tell you what the police can ask you and what you can refuse to answer. And in case they send you to prison, your lawyer will know what to do to arrange for your bail and get you out of there.

  1. The Rules of Evidence Are Complex

Without knowing the rules of evidence, you might ask the wrong questions in court. The prosecution may take advantage of this by finding holes in your line of questioning.

But a good criminal lawyer knows how to frame their questions and avoid objections. They'll also come to the courtroom with a solid cross-examination strategy. If the prosecution objects, your lawyer will know how to defend their questions. The answers you can gain from effective questioning can significantly strengthen your case.

If you find yourself up against a false accusation and don’t know what to do, there’s nothing wrong with asking for legal help. With such a dire case on your hands, it’s best to reach out to a criminal lawyer to represent you as soon as possible. Their legal expertise can completely change the results of your case for the better.

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Uncategorized https://www.lawresolution.com/blog/4-reasons-its-in-your-best-interests-to-get-a-criminal-lawyers-help/ https://www.lawresolution.com/blog/4-reasons-its-in-your-best-interests-to-get-a-criminal-lawyers-help/ Editor Thu, 12 Mar 2020 23:12:22 -0400
How to Best Prepare for Attending Court

Attending Court can be stressful and intimidating, even for those who do so regularly. It can be even more so for those attending for the first time with very little idea of what to expect. Not knowing where to go, or how to act can only add to the stress of having to present yourself before a Judge.

It can be difficult to know how to behave and act to reduce the stress of attending court and present yourself in the best possible light to the Judge. This article will discuss some of the most practical advice to present yourself well at Court.

Firstly, attend Court before your Hearing date

The Court is a public building, and there is no reason for you not to visit it before your Hearing so that you can learn the layout and how the building operates. You may also be able to sit in on another Hearing if an appropriate one is available. Speak to the Court Ushers (Court Staff) and ask them about sitting in on a Hearing. If you explain to them why you want to do so, then they may be able to advise you what is available. This will give you the opportunity to familiarise yourself with what a Hearing is actually like.

Secondly, arrive early on the day of your Hearing

Do not aim to be on time for your Hearing aim to be early. This will allow for time to find the room your Hearing is being held in. You should also give yourself plenty of time as the Defendant may wish to speak to you regarding settlement before going in. It is not uncommon for cases to settle before going into a hearing. However, if the Defendant tries to settle your claim, you should keep in mind that they will be expecting you to be feeling stressed and nervous and some may try to use that to strong-arm you into accepting a lower offer. Keep your cool and don't settle for less than your claim is worth just because you're nervous about the Hearing.

Thirdly, dress appropriately

You should always dress smartly, as you would for a job interview. Remember appearances count for a lot, and while in a perfect world you would be judged on your case alone, in reality how you present yourself and your attitude in Court will have an impact on your legal case. Dressing smartly shows respect to the Court and the process you are engaged in. It demonstrates to the Judge that you are taking this matter seriously and that you deserve their time and attention. Dressing smartly can mean different things to different people so for the avoidance of doubt do not go to Court in your jeans, leggings, t-shirts or crop tops. Wear a suit if you can, or if you do not have one and have no way of getting/borrowing one you should at wear a suit jacket at a minimum.

Fourthly, address the judge accordingly

If you are before a District Judge, they should be addressed as "Sir" or "Madam" as the case may be. If you are before a Recorder or a Circuit Judge you should address them as "Your Honour." In the unlikely event that you find yourself before a High Court Judge, they should be addressed as "My Lord" or "My Lady" as the case may be. However, that being said do not panic if you forget the correct way to address a Judge, provided that you are polite and respectful, the Judge will not take offense.

Fifthly, speak appropriately

As above it is important to be polite during the process of speaking to the Judge and your opponent. This will be a highly emotional experience, but you must try to keep your cool. Try not to lose your temper or become overly emotional, take a moment to breathe if you need to the Judge will be understanding that this is not an easy ordeal. Water will be available, if you need to take a moment have a drink and try to relax as much as possible. During the Hearing, only one person should speak at any one time if you interrupt the Defendant or the Defendant interrupts you the Judge will act to keep order. You should not interrupt the Judge if you need to bring something to the Judge's attention while they are speaking then wait for them to finish before speaking.

Lastly, be honest

if you cannot answer any question from the Judge or Defendant, then you should say so. If possible make an effort to find out the answer during a break in the Hearing. However, not knowing the answer to a question is unlikely, this is your claim, and no one should know it better than you. The questions asked will be important and effect the Judge's legal decision so answer them with as much information as you can.

In conclusion, you should now have an understanding of some of the steps you can take to best present yourself at Court and reduce the stress you may be under by attending Court.

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Uncategorized https://www.lawresolution.com/blog/how-to-best-prepare-for-attending-court/ https://www.lawresolution.com/blog/how-to-best-prepare-for-attending-court/ Editor Wed, 11 Mar 2020 09:32:29 -0400
How AB5 affects Uber and Lyft The destruction of the AB5 law has wreaked havoc on the gig economy, and many people have fallen victim to it from freelance writers to freelance photographers to musicians to drivers for Uber and Lyft. The devastation in its wake has left hundreds of thousands of people without a job in California. Their entire income gutted in a single night because of a selfish woman's passing of the bill known as AB5.

The Responsible: Lorena Gonzalez

Meet the California politician responsible for the passing of AB5. Lorena Gonzalez, a short-sighted Democrat representing the 80th assembly district passed this bill that forever negatively changed the landscape for Uber and Lyft drivers. Some believe she allegedly and corruptly passed this bill because of union funding, but most people want the option to participate in a union, rather than being forced into one. People have lost homes, and all we can do is call it Lorena's success story.

Fierce Political Battle Erupts

For those on the receiving end like Uber and Lyft drivers, the argument was that they should be classified as employees, rather than independent contractors. Uber and Lyft joined forces with DoorDash, and they have vowed to spend up to $90 million on passing a ballot initiative that will exempt their workers from this destructive bill.

How Does This Impact Drivers?

While the ferocious fight has begun to exempt drivers, this may not happen if ever where they will get excluded. It could take at least several months before it gets passed. While some Uber drivers support being unionized, you have others who don't want this. Some legal challenges could arise as a result of this bill getting passed. If this bill stays in place, for example, it could mean that hundreds of drivers will lose their jobs because of how Uber and Lyft can't afford to keep them on.

How Passengers will Suffer

Much of this comes down to speculation, but passengers will see it as less convenient for them to order through the app because of how the number of drivers will most likely plummet. As an employee, this could be beneficial to drivers in some ways if they can manage to keep their jobs, but not everyone will be able to keep their jobs because of the costs of keeping employees over keeping independent contractors.

In addition, some drivers would hate it because of how they will lose the flexibility to schedule their work as they see fit. As a passenger, Uber and Lyft will most likely raise the costs of the fares to deal with the higher costs.

Ignorant Bill Harms the US Economy

Perhaps in the world of daydreamers and the delusional, everything could be fair to everyone, but the reality is that those who work as independent contractors will most likely lose their job because of this bill. Not to mention, the enforcement of this law will be difficult for regulators because of how you have a range of obstacles. Without enforcement, they will still have a difficult time making this a reality.

Employees Cost More

Experts give an estimate of a 30 percent higher cost to workers who classify as employees over independent contractors, and that's why many businesses can't afford to keep them on. This means that Uber and Lyft could have to pay millions of dollars more every year. The cost-shaving measures could get accelerated if AB5 remains in place, and the company has already laid off 800 employees because of AB5. While raising the prices could help to offset some of the costs, it will also mean that fewer passengers will choose to ride with the app.

The Biggest Victims

Lorena Gonzalez has harmed thousands of people with the passing of AB5. The biggest victims don't come from the corporations, but it comes from the people who previously had a job. If more drivers get laid off because of this law, it will mean that they have fewer rights because they couldn't be afforded to be kept on. Not to mention, the American dream has always been one where we have a right to choose our type of work. With the passage of AB5, many workers will lose their right to choose their hours, and they will have to work as employees under the new law.

With the passing of AB5, an era of cheap rides in the city may soon come to an end. Even people in other states have begun to pay attention to this frightening law because of how it guts your freedom to work as you wish, and it could even mean a potential loss of income. The consequences of this bill could be huge considering how the gig economy is worth approximately $455 billion in total. This bill will make it harder for businesses in general, which is why we have to fight this on a broad level for everyone who has been affected.

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Uncategorized https://www.lawresolution.com/blog/how-ab5-affects-uber-and-lyft/ https://www.lawresolution.com/blog/how-ab5-affects-uber-and-lyft/ Editor Tue, 25 Feb 2020 23:39:19 -0500
What Can You Do While Your Attorney Handles Your Case

Below are some useful advice on what you should do when an attorney is handling your case:

1. Be patient

While you may be tempted to call and check on the progress of your injury case in while you are recovering, it is best to just be patient and focus on your own healing. Your lawyer is handling the tracking of your medical bills, correspondence with the insurance company, and preparing for your final case. Remember that no amount can be awarded for your case until you are fully recovered. Your attorney will not know the cost of getting you better until you are better. Rushing your case can result in a settlement that is less than what you deserve for your pain and injuries.

2. Keep a journal

As your case progresses, it will be very important for your attorney to be able to present you to the insurance company as a relatable human being. It will be helpful to represent your hobbies, interests, and priorities in your real life, to show you as a well-rounded individual, and not just a claim number on a file. One way to do this very effectively is by keeping a journal. While you are injured, keep a journal of events in your life, specifically events you might miss due to your injury or the resulting pain. Even if you record very little, perhaps just once a week, take a few moments to write down a few notes of any special events, work, or social occasions that you may have been unable to attend. Also keep a record of your pain levels, and any activities that increase your discomfort. Write down what times of day your pain or injury feels worse. Also record any appointments or treatments that you attend, and how they make you feel. These details will add up to a fair representation of the general damages of your case, or the effects that are observed behind the scenes on a personal level. These journal entries, in addition to personal photos of you, can help with creating a more personal human element when negotiating your case.

3. Don't post on social media

Many clients may be surprised to learn that posting certain things on social media can really be detrimental to their case. Some posts are helpful to showing you have a real life and relationships, just as keeping a journal can be. But some posts can unwittingly cause a lot of harm to your credibility. For example, a client that is injured in a car crash might be receiving chiropractic and physical therapy treatments. If she is beginning to feel a bit better, she will try to live her life as normal as possible. Imagine this client goes to the gym one night for a yoga class and posts a photo of that on social media. The insurance company could find that photo when researching the client and then determine or assume that any pain or injury existing after that photo at the gym was caused by the yoga class, and not the car crash. The insurance company could argue that injured people don't go to the gym, and that the client is unreasonable or dishonest in their representation of their injuries. This could result in refusal to pay any medical bills after the photo was posted. For these reasons, be mindful of what you post to social media after you hire your attorney. Also, consider setting your account settings to private as an added wise measure of safety.

4. Follow your doctor's orders

One of the most important things you can do while your attorney handles your case is simple but can make or break your case in the long run. It is very important to follow your doctor's instructions very carefully. By following all instructions that the doctor gives you for treatment and testing, you will show that are cooperating with the process and you are making it a priority to get well as quickly as possible. If your doctor orders imaging or another test, and you don't follow through with having it done, you will appear negligent to your case. You want to keep a great relationship with your doctor and show that you are cooperating, as it will be reflected in your medical records that the insurance company sees later.

A very big part of maintaining the positive relationship with your doctor is to keep all of your appointments. If you are missing appointments, you are showing your doctor a lack of respect for his busy schedule. Too many missed appointments can lead to your doctor dropping you as a patient, which will leave you at square one and having to find a new doctor. Your doctor is an integral piece to a successful personal injury case outcome for you.

5. Mitigate your losses

Mitigating your losses means managing your treatments and habits leading to recovery in the most reasonable way. You want to make decisions about work, activity, bills, and even just daily life in a way that would make sense to a reasonable adult. The insurance company wants to see that you are taking care of yourself and making good choices that don't prolong your injury or incur more costs. If you are concerned about deciding whether to work with your injury, just follow your doctor's instructions about work and activity limitations. Being cautious with your health and follow the doctor's orders will show you are doing your best to mitigate your losses. These things will show that you are credible and honest. You can be trusted to be responsible with getting better as quickly and safely as possible.

These are the five best things you can do to have a productive outcome of your personal injury case. While your attorney takes care of the preparation and legwork up front, you can do these helpful things to lead to a favorable result once you recover from your injuries.

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Uncategorized https://www.lawresolution.com/blog/what-can-you-do-while-your-attorney-handles-your-case/ https://www.lawresolution.com/blog/what-can-you-do-while-your-attorney-handles-your-case/ Editor Thu, 20 Feb 2020 01:33:10 -0500
The Process of Appealing a Medicare Decision Medicare is the primary insurer for most seniors, and for the most part, people are very satisfied with their Medicare coverage. Sometimes, however, Medicare gets it wrong—they deny a service you’re pretty sure they should cover.

It’s frustrating when you think Medicare made a mistake, but you’re not without options. You have the right to appeal any decision made by Medicare, Medicare Advantage, or your Medicare Part D Prescription Drug Plan.

What Medicare decisions can I appeal?

Technically, any coverage decision made by Medicare or your Medicare Advantage or Part D plan can be appealed, whether they happen before or after a service is received. For example:

  • You visit the doctor for a routine wellness check and he decides to run some blood tests. Medicare pays for the doctor’s visit but denies the blood work because they didn’t think it was medically necessary.
  • Your doctor orders a lift chair but Medicare won’t authorize payment for the device.
  • You visit an urgent care center while you’re traveling and your Medicare Advantage HMO denies payment because the provider isn’t in the plan’s network.
  • Your Part D plan won’t pay for a more expensive brand-name medication even though your doctor believes the generic medications won’t be effective for your condition.

How do I appeal a decision by Original Medicare?

You have 120 days after you receive your Medicare Summary Notice to file your initial appeal. You can either download and print the Medicare Redetermination Form or write your appeal on a piece of paper.

Explain clearly why you believe Medicare should pay for the item or service. Ask your doctor to write a letter to support your appeal. Include any additional information you think might help Medicare better understand the situation.

If you don’t use the Medicare Redetermination Form, make sure you include your name, Medicare ID number, and phone number on your written response. Mail your paperwork to the address at the bottom of your Medicare Summary Notice—and remember to make copies of everything for your files.

If Medicare doesn’t reverse its decision, you can request a “reconsideration,” which is the second level of appeals. The instructions for filing are included in the notice you receive from Medicare.

You can escalate your appeal to an Administrative Law Judge and even federal court if the disputed amount is above a certain level. Instructions for escalating to the next stage are included on your notice from Medicare.

How do I appeal a decision by my Medicare Advantage plan?

Even though Medicare Advantage plans are administered by private insurance companies, you don’t lose any Medicare rights, including the right to appeal a coverage decision.

Most plans allow you to initiate an appeal online from your member account. If you don’t have an online account, contact the member services department. They will be able to help you file an appeal.

If your plan doesn’t decide in your favor, you have the right to request an independent review. From there, you can also escalate to an Administrative Law Judge and the federal courts if the disputed amount is high enough.

How do I appeal a decision made by my Part D prescription drug plan?

Part D plans are administered by private insurers, so you should consult your plan booklet or online account to see how to handle complaints about your drug coverage.

If your doctor orders a prescription that isn’t on your plan formulary, or list of covered medications, your doctor can call the plan and request an exception, as long as you haven’t already filled the prescription.

Once you buy the medication, you need to file your request in writing. If it’s approved, you’ll be reimbursed for the covered portion.

Part D plans have seven days to respond to a request for an exception. However, if your doctor believes your life is at risk if you don’t get the medication, he can request an expedited decision.

If your plan doesn’t approve the exception, it will notify you in writing. Instructions for escalating your appeal to the next step will be included with your notice.

Where can I get help filing an appeal?

Your State Health Insurance Assistance Program (SHIP) is a great resource for help with Medicare issues. Although you aren’t required to hire a lawyer to file a Medicare appeal, you may want to get professional advice, especially if the amount of the claim is significant.

Danielle K. Roberts is a Medicare insurance expert and co-founder at Boomer Benefits, where her team of experts help baby boomers with their Medicare decisions nationwide.

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Uncategorized https://www.lawresolution.com/blog/the-process-of-appealing-a-medicare-decision/ https://www.lawresolution.com/blog/the-process-of-appealing-a-medicare-decision/ Editor Wed, 05 Feb 2020 08:59:59 -0500
What to Do if a Police Officer Asks You to Take a Breath Test in a DUI Case Getting stopped by a police officer for DUI is never a circumstance that a person plans for. The presence of a police officer can certainly be very intimidating and a person is never quite sure how to handle the situation. Certainly, after the fact a person is able to reach out to a DUI lawyer and have him or her give guidance in the process. But what about the decisions that one must make on the side of the road? Should a person agree to provide a breath sample?

Implied Consent

When a person is issued a license to drive in most states, he or she implicitly grants permission for a law enforcement officer to obtain a sample of his or her breath in order to determine his or her level of intoxication and blood/breath alcohol content. This is the case under the law of most states as well as federal law. The practical effect of this is that the government can punish a person for the refusal to provide a breath sample. The punishment usually involves a lengthy suspension of a person’s license to drive, and in some states, an additional steep civil penalty or fine. This downside must be balanced against potentially highly criminal evidence being provided by way of a breath sample. The DUI lawyers at our firm have often seen breath alcohol tests as high as .35. As one can guess, if a person’s breath alcohol level is going to be extremely high, it may be better to simply refuse the test. If a person realistically believes the test can be passed, it is better to provide a sample.

A Warrant for a Blood Test

If a driver refuses to provide a breath sample at the request of a police officer, it may be the case that the officer will seek a warrant from a judge to draw a blood sample for testing. In such circumstances, a person cannot lawfully refuse or prohibit the officer from drawing the sample. The sample will be taken by a blood tech, phlebotomist or sometimes an EMT. A warrant for a blood test is not the preferred way of obtaining a sample by law enforcement. This is because obtaining a warrant often takes more paperwork and delay in a case.

Different Types of Breath Alcohol Tests

Drivers are often surprised that there are two different breath alcohol tests that can be given to a suspected impaired driver. There is the portable breath test (or PBT) and the stationary test that is given once a person is arrested and brought to the police station. The PBT is typically not admissible in court because it does not include scientifically reliable protocols and technology to make it sufficiently accurate. The test is usually given by a police officer to assist in making a rough estimate about a person’s breath alcohol content. In most states a person has a right to refuse a PBT, although the fact of the refusal may potentially be considered in court. The second type of test, i.e. the stationary instrument, is done at the police station itself as opposed to on the side of the road. This test is usually obligatory, and the refusal of which is generally grounds for the suspension of one’s license to drive. A breath test in a stationary device is usually preceded by an “observation period” where the officer insures that an individual does not put anything in his or her mouth for 15 minutes prior to the test. During this period at the police station, and officer will often allow the person to make a phone call. This is usually a good opportunity for a person to reach out to a DUI attorney if that is possible. Contact Spokane DUI lawyer Steve Graham for more information on breath tests.

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Uncategorized https://www.lawresolution.com/blog/what-to-do-if-a-police-officer-asks-you-to-take-a-breath-test-in-a-dui-case/ https://www.lawresolution.com/blog/what-to-do-if-a-police-officer-asks-you-to-take-a-breath-test-in-a-dui-case/ Editor Mon, 03 Feb 2020 02:49:27 -0500
Going through a Divorce in Illinois…Can I Sell the House? Home ownership is huge.  One of many married couples most memorable accomplishments.  However, selling a house is huge, too.  Especially, during a divorce in Chicago.

For most, a couple’s biggest asset is their home.  As such, the title and a mortgage is usually shared by the couple.  This often becomes a bone of contention in a divorce.   Going through a divorce can be emotionally taxing and attitudes may flare.

After being unhappy for a period of time, one party usually moves out of the home.  When separation is ripe, arguments may arise over who is going to stay in the house and who is going to pay the mortgage.  Whichever party stays in the house will be expected to make mortgage payments, while the other may not be required to pay for any costs associated with the home while not living in the home.  Neither party may jump to sell the home alone.  Selling the marital home will always be a joint project.

This type of situation can go on for at least two years.  Just imagine the emotional turmoil.   Couples can avoid this by filing a motion to sell the marital residence.  Illinois statute allows a court to make judgments affecting the marital property, and may enforce such judgments by ordering a sale of martial property, with proceeds therefrom to be applied as determined by the court.” 750 ILCS 5/503(i).  Of course, if the home is not deemed to be marital property, this doesn’t apply and the home can be sold whenever by the rightful owner.

To expedite the process, if either party wishes to keep the home, that party would need to offer a settlement shortly after the motion is filed.  When both parties want the home, the home will usually be sold and the profits divided. 

When a couple can’t agree, the court will appoint a real estate agent to sell the home.  If it’s possible for both parties to agree on a realtor and selling the house, you should check out a qualified local realtor.  Realtors should offer superb services and handle these situations with care.  The court will likely also decide how the home will be sold to ensure the process doesn’t take an extravagant amount of time.  After the sale of the home the proceeds will be held until the final division of marital assets is made.

If you have questions about selling your marital home during a divorce call a Chicago divorce attorney today for a free consultation.

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Uncategorized https://www.lawresolution.com/blog/going-through-a-divorce-in-illinoishellip-can-i-sell-the-house/ https://www.lawresolution.com/blog/going-through-a-divorce-in-illinoishellip-can-i-sell-the-house/ Editor Sat, 01 Feb 2020 22:16:00 -0500