LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Thu, 27 Jun 2019 07:14:51 -0400 Know what to do when you are under arrest There can be different legal scenarios that can lead to arrest. It's natural to panic when such situation arises. But if you are conversant with the critical information around this, you can deal with it more efficiently. First of all, it's essential to note that a police officer can arrest you – 1) on the grounds of reasonable suspicion that you have done a crime, 2) the court has issued an arrest warrant for you, or, 3) you are involved in a crime or can commit one, etc. In case you get trapped in a situation like this, here are a few things that you should keep in mind.

At the time of the arrest

The police officer should tell you that you are under arrest and also why he is arresting you and what will happen if you don’t cooperate. Give them your name and home address if they ask you. However, avoid answering any other questions without first talking to your legal advisor.

As per law, a police officer can apply a reasonable amount of force to arrest a suspect. If you try to escape them, the officer can handcuff you. If you feel he used illegitimate physical strength or power, you can complain about it with the police customer assistance unit. The matter will go to a judge or magistrate for judgment.

However, make sure you don't give them trouble when they arrest you. Otherwise, you can face a charge for non-cooperation even if you were initially innocent.

Another thing is you can request the officer to allow you to speak to your lawyer. You can have a lawyer by your side when the police are questioning you.

At the time of questioning

Under the law, you can keep silence and not answer the questions a police officer asks. But if you were a part of a car accident, then you may have to reveal your name and details of the person who was driving the car.

Also, the police have to inform you beforehand that you don't have to answer all of their questions, and whatever you tell them in response can serve as evidence for them. They can record this entire question and answer session electronically. Hence, it's critical to remember that you only provide details like your name, date of birth, and home address, and nothing else. Give fingerprints and photographs when asked.  However, if they ask you to sign anything apart from a bail form, don't oblige. Refuse it politely. Make sure when all these happen, your lawyer is also present there at that time.

Time spent in custody

Generally, a police officer cannot detain you for more than four hours for the investigation. Nevertheless, they can seek an extension of an additional eight hours. But after that, they must release or file a charge against you. If you face a criminal charge, you can come out of the jail on bail. Sometimes, a court may deny bail to a suspect based on his past criminal records, the seriousness of the current offense committed by him, or his failure to abide by the terms and conditions of the bail. If that happens, you may have to appear before a court as soon as possible so that you can submit your bail plea once again.

If you hire a firm that specialises in Strategic Law Townsville, you don’t have to worry about bail application, representation in court, and police investigation. The lawyer will help you from end-to-end.

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5 Tips to Help You after a Car Accident

A vehicle accident can ultimately be among the scariest incidents one can ever go through in life.  After all, car accidents are among the leading causes of death globally.  Again, the emotional and physical trauma associated with car accidents can take a toll on life for many years.

While you might not be able to forget the car accident you had, you can luckily recover from this scary incident and live life as you used to before the accident occurred.  Moreover, recovering from a car accident is possible, only if you forget the unfortunate incidents that resulted in your car accident and instead focus more on recovery. Without further ado, here are 5 tips to help you after a car accident:

1. Get The Best Possible Medical Care

After sustaining injuries following a car accident, you obviously won’t have time to sit pretty and expect things to get any better. Unless you receive medical care urgently, your chances of reaching a full recovery are quite low. Seek the best possible medical care and start your journey to recovery after the car accident.

2. Get A Competent, Experienced Car Accident Lawyer

As much as your focus is on recovery and healing after the car accident, you should reach out to a competent car accident lawyer to help you seek compensation for your injuries.  Most insurance companies won’t compensate you immediately after the accident, and unless you have a lawyer to make the claim on your behalf, you might wait for months for full compensation.

An experienced lawyer from a recognized Baltimore Maryland car wreck firm will not just handle your compensation claim, but the attorney will also ensure your personal interests are protected. Again, an experienced car accident attorney will help increase the sum of money you get in compensation for your injuries.

One of the best ways of hiring a good car accident attorney is to do a background check on the attorney before signing the contract. Check past clients’ testimonials to ascertain whether or not he is worth what he or she claims to be.

3. Get Abundant Rest

Rest is a crucial aspect of recovery and healing. Without adequate rest after your car accident, your situation will inevitably become worse.  However, resting after a car accident doesn’t imply that the victim should lie in their bed all day. Slight movements are still required particularly in the initial stages of healing. Resting after a car accident simply means having ample time to recover from surgeries and injuries.

4. Listen To The Advice From Your Doctor

Recovery and healing after a car accident is a long process that you definitely can’t navigate alone.  Most car accident victims assume they have recovered and good to go after visiting a doctor a couple of times. Nevertheless, listening to the body won’t necessarily help you know when you have fully recovered. Therefore, you still need to visit your doctor from time to time to get your progress evaluated.

Most importantly, heed the recommendations and advice you get from your doctor. Never assume everything is fine and dismiss your doctor’s recommendations, for doing so will ultimately compromise on your recovery and healing process. Your doctor knows what is best for your recovery and will help recommend a suitable pace of recovery for you.

5. Go Back Into Driving

This isn’t easy for most car accident victims. The emotional and physical trauma linked to car accidents can make survivors loath driving for the rest of their life. In fact, most people who have previously been involved in road accidents develop symptoms of PTSD (Post-traumatic Stress Disorder). It takes longer to heal the symptoms associated with this mental condition than it takes to heal the actual injuries sustained after the car accident.

But going back into driving is a crucial part of recovering from emotional trauma. Once you go back into driving, keep away from any triggering circumstances to ensure your emotional wounds are fully healed.

Recovering from an accident can take longer depending on an individual as well as the severity of injuries sustained after the accident. Nevertheless, these 5 tips will put you on the right path to healing and recovering notwithstanding how serious your situation is.

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The Length of and Legal Use for Federal Statutes of Limitation The federal court system seeks to ensure that no proven crime prosecuted at its level goes unpunished. However, in many instances it can only punish crimes that are charged and tried within a timely manner. The statute of limitations for federal crimes varies and can in some cases mean that criminals are never charged or that they outright never see the inside of a courtroom for their offenses. 

What Is a Statute of Limitation?

A statute of limitation is the amount of time during which legal proceedings for an offense must occur. It serves as a time clock of sorts for lawyers and judges to take action to charge, prosecute, and find a defendant guilty of a crime for which he or she has been accused. 

It was designed to allow many crimes to be prosecuted promptly so evidence and memories of the offense remain fresh in the minds of everyone involved in the case. It also ensures that evidence is not tampered with or lost, which can jeopardize the constitutional rights of the accused.

The statute of limitations at every level including federal applies to numerous offenses like statutory rape, medical malpractice, and some types of theft or fraud. It may not apply to more serious crime or offenses that can lead to the death penalty, most notably:

  • Terrorism
  • Murder
  • Federal sex offenses

In some instances, the statute of limitations can be longer for select crimes including:

  • Arson 
  • Art theft
  • Crimes against financial institutions like banks
  • Immigration offenses

It can also be put on hold or suspended when the accused is a fugitive from the law or the offense in question involves child abuse, bankruptcy, wartime fraud of the government, or DNA evidence.

When Does the Statute of Limitation Begin?

The statute of limitation in most cases begins when the offense occurs. The amount of time that can lapse in between the event and prosecution or legal proceedings of it will depend on the case in question and whether it is a first, second, or subsequent offense. It also may depend on where the person involved in the case lives.

Federal offenses generally have longer statutes of limitation and in cases of serious crimes like murder or terrorism can be indefinite. However, for crimes like fraud or malpractice that have finite statutes of limitations, it is imperative that the filing of charges and prosecution take place promptly. If a person decides to wait until a day longer than the statute for the crime allows, he or she has no legal grounds for filing charges against the accused party.

Further, statutes of limitations can apply to debts, including those owed for medical or credit card bills and student loans. Some types of debts like student loans and back taxes have no statute of limitations during which a creditor can collect on what is owed. 

Other types of debt like credit card or medical bills have finite statutes of limitations. Once those expire, the creditor can no longer pursue collection activities against the debtor.

It does not mean, however, that the debtor no longer owes the debt. If he or she begins making payments after the statute of limitation expires, the time clock for collecting on the debt begins anew. The creditor is given a new statute of limitation during which it can pursue collection for the owed amount.

Debates Over Statutes of Limitation

Statutes of limitation have long been the subject of controversy. Debate about whether or not to continue them or suspend them entirely continues to ensue in courtrooms across the country. Both sides of the argument have strong opinions about their legalities and necessity.

Proponents for statutes of limitation say that they are necessary to protect the constitutional rights of defendants. Statutes of limitation ensure that evidence and eyewitness testimonies will be presented in court while they are fresh and untainted. They give the accused the best chance of a fair trial.

However, critics of statutes of limitation say that they take away from the victim’s right to justice. A victim may not be able to take action within the allowed statute of limitation because of factors like a lack of money to hire an attorney, fear of reprisal, or blocked or unclear memories of what happened during the offense.

Statutes of limitation apply to many crimes including those prosecuted in federal court. They are designed to protect the integrity and constitutionality of a case. However, they also are the subject of controversy because of their ability to limit alleged victims’ chances for justice.

Author bio

Brett A. Podolsky is a Criminal Legal Specialist certified by the Texas Board of Legal Specialization. He is the former Assistant Criminal District Attorney for the State of Texas. As a criminal defense attorney in Houston, Texas, Mr. Podolsky dedicates his entire practice to litigation. He accepts a wide variety of cases, including drug charges, federal crimes, white-collar crimes, and sex crimes.

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Uncategorized https://www.lawresolution.com/blog/the-length-of-and-legal-use-for-federal-statutes-of-limitation/ https://www.lawresolution.com/blog/the-length-of-and-legal-use-for-federal-statutes-of-limitation/ Editor Mon, 24 Jun 2019 23:55:17 -0400
How Much Does It Cost To Legally Change Your Name?

There is a myriad of reasons as to why a person may want or need to change their names. Changing of names is generally allowed for any reason expect to evade the law or commit fraud. Whichever your reason for wanting to change your name is, if you want to have a new name to appear on your legal documents; driver's license, social security card, passport, birth certificate, and bank accounts, you'll have to obtain a court order.

When it comes to the costs of legally changing your name, obtaining a court order is the most expensive process. Hiring a lawyer to offer assistance and guidance is always an option, however, it significantly raises the overall costs. If you have an understanding of the court process, it is a process you can handle on your own. An attorney helps you prepare name change documents and provides legal representation during the hearing or if someone objects your name change. After you have been issued with a court order certificate an attorney can help ensure that all your accounts and I.Ds have been updated.

If you are considering to have your name changed but may be wondering what it costs, then read on as this article delves into what a name change consists of and what it will cost you.

Depends On State

Different states have different sets of procedures and documentation requirements for changing names, hence, charge different fees. Depending on which state you are in, you will incur different charges as to what you'd incur in another state. You'll find that there are some charges that other states may not consider while they are considered on your state. State name change laws are executed through county courts and all the counties within a state are expected to charge the same amount of fees.

Depending on your state, the costs of filing for a legal name change and the issuance of a court order document may be from $150-$400, however, in some states, it may be as high as $500.

The turnaround time also varies from state to state due to the different sets of procedures and it may also be affected by other factors such as workload. The average time it takes most states to execute a name change court order is between 8-12 weeks. However, in some states such as California, it may take as long as 3 months. To get an estimate of the turnaround time of the city or county you are in, you should contact your county clerk.

After filing your name change petition there are other additional requirements that you'll have to consider in order to complete the name change process and in each, you will incur certain fees.

Publishing Notice Requirement

Once the judge has granted your name change request, some states require that you publish a notice of your name change in a newspaper. This is done in order to make your name change a public record. In most states, you are expected to publish the legal notice within 60 days after petition approval.

The publication of the notice can only be done through a designated list of newspapers. Your notice will be published under Legal Notices in the classified section. Different newspapers charge different fees for publishing in their classifieds section. In New York, for example, big time newspapers such as The New York Times charges upwards of $500 and The New York Post charges around $200 while other smaller local newspapers may charge an average of $45.

It is therefore essential to do some research in your area to find a newspaper that is favorable to your budget. It is worth noting that in most cities there are legal and business newspapers that offer legal notices publications at significantly lower prices than regular daily newspapers.

Changing Your Driver's Licence/State Identification Card

After filing and publishing your notice, the court will then hold a hearing on your name change. If everything is in order and the judge approves the name change, you will be issued with a court order. You will need a certified copy of this court order in order to update your driver's license or state identification card. In some states, there may be a fee while in others this process is completely free. However, in the states where they charge a fee, it is $20 on average. It is worth noting that updating your social security card is completely free.

Passport Renewal

For this process, you'll also need a certified copy of the court order. If you were issued with your passport within the past year, then you won't have to pay anything to update your passport. However, if it's been a year or more the fee to replace your passport is $30 for a card and $110 for a book. However, An important point to keep in mind is that Under TSA's Secure Flight Program, the name that you used to purchase a plane ticket should be exactly the same as the one on your photo I.D. Therefore, to avoid any inconveniences, you should avoid making any changes at the moment if you have already made travel plans and bought plane tickets.

Updating Your Birth Certificate

If you desire to change the name on your birth certificate, you need a certified copy of the court order and take it to the Bureau of vital records or the acting similar agency in the state where you were issued with your birth certificate. You will incur a fee in order to change your birth certificate. The fee is between $20-$30.

Changing your name after marriage, for example, taking your husband's name doesn't require filing a petition. You just need your marriage certificate.

If you wish to change your child's name after divorce, you'll have to file the petition yourself as the parent as people under the age of 18 years are not legally allowed to change their names. The process and costs incurred when changing a child's name are similar as for adults. However, there is an extra step which is serving the other parent with notice of name change petition.

If you want to do this yourself, you can, but it may be easier to go through a name change service like EZ Name Change that will take care of all the details for you for a nominal cost. Whatever your reasons for wanting to change your name, we wish you the best in your new identity!

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Uncategorized https://www.lawresolution.com/blog/how-much-does-it-cost-to-legally-change-your-name/ https://www.lawresolution.com/blog/how-much-does-it-cost-to-legally-change-your-name/ Editor Fri, 14 Jun 2019 09:57:05 -0400
5 Effective Defense Strategies Every DUI Offender Should Know

The United States Department of Transportation reported that in every 48 minutes there were numbers of alcohol-impaired traffic fatalities across the country. The law enforcement agencies in each state are now aggressively disciplining the citizens more to decrease the number of accidents.

Consequently, sometimes, the police may immediately detain you for a small driving mistake or even nothing. Either way, ignorance is never bliss. You should be aware that there is no expanse on criminal defense that has more potential cases than DUI. Without further ado,  here are five strategies for an effective DUI defense.

Illegal Search and Seizure (4th Amendment)

In accordance to the Fourth Amendment, a police officer cannot pull you over without having any valid reasons like any reasonable claims that you are committing, about to engage, or had committed a DUI offense or other possible causes of traffic violations.

The good thing is there a few traffic violations that are excellent candidates for motions to suppress. For instance, a police officer will stop you for going over the yellow line once and will write a report that you fail to maintain a single lane. However, the police do not have other evidence that you badly affected the traffic when crossing the yellow line.

In Florida, violations, like turning with no signal stops and failing to maintain a single line, are not enough reasons for the police to legally stop a driver. Specifically, these violations should affect the traffic for one to be pulled over by the police; otherwise, a driver can challenge the stop.

If your DUI Attorney successfully defended you on a wrong stop, all the evidence, such as having slurred speech, watering eyes, bloodshot, an odor of alcohol or bad breath test result, that can prove you convicted a DUI offense can be possibly tossed out.

Coerced Compliance With Voluntary Tests

In many jurisdictions, it is not illegal to say no in taking field sobriety tests. Do not feel like you do not have any choice but to follow roadside exercises. Otherwise, you are helping the police to build his or her case instead. Always remember this: before the police can arrest you for convicting a DUI, he or she should have a probable cause of this suspicion.

If you are placed in a situation that you feel like you are “required” to take the test and it is considered involuntarily by the judge, the Court will disregard the evidence of the roadside tests, devastating the case of the State Attorney.

Unreasonable Length of Detention

Your driver’s constitutional right would be violated when police or patrolmen pulled you over for a specific traffic infraction, did the required police DUI arrest protocol, and then asked other cops to take over your DUI investigation, who arrived late and caused an unreasonable delay on your side.

The police cannot ask you to pull over and let you wait for one hour or so before he or she will start investigating.  If proven that the police unreasonably place you into detention even for a few minutes, the judge can potentially throw out all the evidence accumulated by the second police, which will destroy the state case.

No Probable Cause to Arrest

Assuming that a police officer had a legal basis to arrest you and undergo a DUI investigation on time. Then, he or she gathered adequate information to prove that you are guilty of a DUI conviction and detained you.

However, everything is based on what the police believed to be true, rather than the facts. For example, the Court can conclude that the police lacks probable cause after arresting you for having red shot watery eyes, empty cans of beer inside your car, and nothing else.

Suppress HGN Testimony From Non-Experts

During an early stage of a DUI investigation, many police officers will do horizontal gaze nystagmus (HGN) test. In this test, the police officers will hold pointers—a penlight, pen, or finger—approximately 12 to 15 inches across a driver’s nose, test the drivers’ peripheral gaze in one given direction, and figure out whether a driver is influenced and impaired by alcohol or not.

HGN test is one of the standardized field sobriety tests that can serve as a testimony and can be presented to the jury. However, the officer should be an expert in horizontal gaze nystagmus. If not, the judge will get rid of any evidence, even relevant videos of the case.

Takeaway

Other defenses are related to non-compliance with administrative rules. For instance, if the breath test results are far apart, a test operator is not certified, or a machine is not maintained correctly, then the result may probably be excluded and suppressed. It is best to consult with a defense attorney for more professional advice.

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Uncategorized https://www.lawresolution.com/blog/5-effective-defense-strategies-every-dui-offender-should-know/ https://www.lawresolution.com/blog/5-effective-defense-strategies-every-dui-offender-should-know/ Editor Tue, 11 Jun 2019 04:19:50 -0400
Green Card Through Employment Getting a green card through employment allows over 100,000 foreign-born persons and their spouses and unmarried minor children to immigrate to the United States each year.

Typically, an employer goes through the PERM process where they must advertise the job and demonstrate to the U.S. Department of Labor that no minimally qualified U.S. workers applied for the job.  The employer is required to pay the worker at the prevailing wage in the geographical area or the actual wage, whichever is higher.

However, the PERM process is not required for persons in the EB-1 Priority Worker category, for those who qualify as Persons of Exceptional Ability, for National Interest Waivers or for Registered Nurses and Physical Therapists.

Typically, getting a green card through employment is a 3-step process:

  • Approval of a PERM application;
  • Approval of an Employment-Based (EB) Visa Petition (Form I-140) which must be filed within 180 days of the approval of the PERM application; and
  • Approval of an application for Adjustment of Status (Form I-485) if the applicant is in the U.S. or an application for an Immigrant Visa abroad.

A green card through employment may be applied for in the following 3 categories:

  • EB-1 Green Cards for Priority Workers

This category is divided into 3 sub-categories:

  • Persons of Extraordinary Ability (Self-Petition is Permitted.)

This category is restricted to those who meet 3 of the following 10 criteria:

   -  Receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;

  -  Membership in associations in the field for which classification is sought, which require outstanding achievements of their members;

  - Published material about the person in professional or major trade publications or other major media, relating to the person’s work in the field for which classification is sought;

  - Participation as a judge of the work of others in the same or an allied field;

  - Original scientific, scholarly, artistic, athletic, or business- related contributions of major significance;

  - Authorship of scholarly articles in professional or major trade publications or other major media;

  - Display of work at artistic exhibitions or showcases;

  - Performance in a leading or critical role for organizations or establishments that have a distinguished reputation;

  - A high salary or other significantly high remuneration for services; or

  - Commercial success in the performing arts.

  • Outstanding Professors and Researchers

This requires that the person have a tenure-track faculty position or a permanent offer of employment, and have a minimum of 3 years of teaching or research experience.

In addition, the person must satisfy at least 2 of the following 6 criteria:

  • Received major prizes or awards for outstanding achievement;
  • Be a member of associations that require outstanding achievement;
  • Published material (written by others) about your research;
  • Served as judge of the work of others in your field;
  • Contributed original work to your field; and/or,
  • Authored scholarly articles or publications.
  • Multinational Executives and Managers

Such persons are required to demonstrate that they were employed by a company affiliated with their current U.S. employer as a manager or executive outside the U.S. for at least 1 of the last 3 years before coming to the U.S.  To qualify as a manager, a person must manage either professionals or supervisors. 

  • EB-2 Advanced Degree Professionals

This category is for members of the professions holding an advanced degree or its equivalent.  The attainment of a Bachelor’s  degree  plus 5 years of professional experience is usually deemed to be the equivalent of an advanced degree.

Typically, their employers of EB-2 professionals must advertise the job and demonstrate to the U.S. Department of Labor that no minimally qualified U.S. worker applied for the job.  This is known as a PERM application.

However, the following are exceptions to the PERM requirement:

  • Persons of Exceptional Ability

The employee is required to meet at least 3 of the following criteria:

  • Official academic record showing that you have a degree from an institution of learning relating to your area of exceptional ability;
  • Letters documenting 10 years or more of experience in the occupation;
  • A license to practice your profession or certification for your profession or occupation;
  • Evidence that you have commanded a salary for services that demonstrates your exceptional ability;
  • Membership in a professional association(s);
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations; or
  • Other comparable evidence of eligibility is also acceptable.
  • National Interest Waivers (Self-Petition is Permitted.)

A national interest waiver may be granted if the employee meets the following criteria:

              (1) The proposed endeavor has both substantial merit and national importance;

(2) You are well positioned to advance the proposed endeavor; and

(3) It would be beneficial to the U.S. to waive the job offer and PERM requirements.

Physicians employed by the Veterans Administration or in a Medically-Underserved Area have their own unique requirements for qualifying for a National Interest Waiver.

  • EB-3 Professionals, Skilled and Unskilled Workers

For this category, the employer must follow the PERM wage and advertising requirements.  Only if no minimally qualified U.S. workers apply for the job will the Labor Department approve the PERM application.

It should be noted that Registered Nurses (RNs) and Physical Therapists (PTs) are both classified by the Labor Department as Schedule A Shortage Occupations.  As such, while employers are subject to wage requirements, they may sponsor RNs and PTs for green cards without having to undergo the PERM process.

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Uncategorized https://www.lawresolution.com/blog/green-card-through-employment/ https://www.lawresolution.com/blog/green-card-through-employment/ Editor Mon, 10 Jun 2019 10:21:42 -0400
How Does Unemployment Work in NY? According to the Bureau of Labor Statistics, there are approximately 378,557 unemployed NY residents as of April 2019. Those who have met a specific set of qualifications designated by the NY labor unemployment board are collecting unemployment benefits funded by NY labor unemployment taxes. The qualification, application, and collection processes associated with obtaining wage compensation benefits can be quite detailed, which is why having an adequate understanding surrounding each process is key.

Step One: Qualification

In order to be deemed eligible for N.Y.S unemployment insurance benefits, one must meet three specific criteria. The first part of this criteria is the accumulation of time in which you have worked, and wages that you've received prior to applying. The prior employee must have worked two calendar quarters, which is equal to a six month time span. These quarters do not have to be consecutive, but they do have to be in three month increments. The individual must also have received least $1,900 in one quarter alone. The entire payment over exactly four quarters (one year) must be calculated at the amount of 1.5 times more than what they were paid in their highest-paying quarter.

The second criteria developed NY labor unemployment board, is that the applicant must have been terminated due to a reason that they are not at fault for. The most common reason for this type of termination is when one's position is no longer necessary. Those who are responsible for their own termination for reasons such as misconduct or voluntary quitting are not considered eligible for unemployment insurance benefits. Those who are facing medical conditions that have prevented them from maintaining employment are also ineligible for N.Y.S. unemployment insurance benefits in most situations. They could, however, qualify for worker's compensation benefits instead.

The third criteria that needs to be met in order to receive N.Y.S. unemployment insurance benefits is the willingness and availability to work. Unemployed NY residents will have to provide proof that they are actively searching for open positions. Those who are found refusing legitimate work could face losing their N.Y.S. unemployment insurance eligibility altogether.

Step Two: Application

It is imperative that an applicant gathers all of the correct proofs before they submit an unemployment claim, as failure to do so could result in ineligibility or an extensive waiting period. Claimants will need general information such as their social security number, contact information, and alien registration status if applicable. The NY labor unemployment office will also need applicants to provide their employment history over the past eighteen months. Certain forms such as an SF8, SF50, and DD14 may also be required. Once you've acquired all of the appropriate proofs, you can complete the application process over the phone or online through New York's Department of Labor website. Be sure to start the process within exactly one week of officially becoming an unemployed NY resident for maximum compensation.

Step Three: Collection and Reconsideration

If approved, your benefits will start to be paid out three-to-six weeks after your initial application was submitted. This is after an unpaid period of one week as passed. Those who receive N.Y.S. unemployment insurance benefits are required to refile claims on a weekly basis. Each week's payment will be disbursed through direct deposit, so it is important to have your bank's routing information readily available.

If your claim was denied due to lack of proof, a contesting employer, or other determining factors, an explanation will be given in your Notice of Determination sent out by the NY labor unemployment board. This ruling can be appealed by requesting a reconsideration, which is a written appeal filed within thirty days of receiving the initial notice. These appeals allow the unemployed NY resident to present their case before an administrative judge for reconsideration. Having adequate representation at this hearing with the support of a qualified attorney in NY can help strengthen your case and chances of receiving unemployment benefits as a result.

Successfully collecting wage compensation benefits by the NY labor unemployment office may seem like an overwhelming endeavor, but having advanced knowledge on the topic will make the process much more manageable overall. If you've been terminated due to circumstances that were beyond your control, it is imperative that you receive the benefits that are rightfully yours. Having adequate legal representation through a team of experienced attorneys can make each of these processes as accessible and hassle-free as possible.

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Uncategorized https://www.lawresolution.com/blog/how-does-unemployment-work-in-ny/ https://www.lawresolution.com/blog/how-does-unemployment-work-in-ny/ Editor Fri, 07 Jun 2019 10:43:21 -0400
What to Do After Being Sexually Assaulted in the Workplace

No matter the nature of the organization, every employee has the right to a safe and secure workplace. Unfortunately, this doesn’t always eventuate. If things aren’t handled correctly, the workplace can become a place of unwanted interactions that lead to sexual discrimination, harassment, and even sexual assault.

Fortunately, recent movements have helped raise awareness and increased the visibility of sexual assault as an issue. As a result, more and more victims are coming forward in their fight for both justice and closure. This article will cover what constitutes sexual assault and what victims can do after being sexually assaulted in the workplace.

Differences Between Sexual Harassment and Sexual Assault

The difference between sexual harassment and sexual assault is really somewhat of a gray area. There is a lot of confusion between the terms, which can often lead to some people dismissing sexual harassment as an issue.

These two terms have a considerable amount of overlap and sexual harassment can definitely lead to sexual assault if the same behavior patterns continue. This section will break down these two terms so that you can understand their similarities and differences.

Sexual Harassment

Sexual harassment involves illegal sex discrimination under Title VII of the 1964 Civil Rights Act. This law defines sexual harassment as unwelcome verbal, visual, non-verbal or physical conduct of a sexual nature, or based on someone’s sex, that is severe or pervasive and affects working conditions or creates a hostile work environment.

Verbal or Written

Verbal or written sexual harassment is the most common form in the modern workplace. This generally manifests itself in making fun of a person’s body, clothing, sexual orientation, or relationships. There are several other examples of verbal or written sexual assault; including:

  • Making unwanted sexual advances and requesting sexual favors
  • Threatening someone for refusing or rejecting sexual advances
  • Spreading rumors about someone’s personal or sexual life

Non-Verbal

While verbal and written harassment will garner most of the attention, non-verbal sexual harassment can be just as damaging to the victim. Here are a few ways that this can occur:

  • Making derogatory gestures and expressions of a sexual nature
  • Stalking or repeatedly following someone around
  • Looking someone’s body up and down

Physical

Physical sexual harassment can definitely be the most damaging of all. Here are a few common examples:

  • Inappropriate physical contact
  • Impeding someone’s movement
  • Touching someone without their consent
  • Unwelcomed stroking, patting, hugging, or kissing

Visual

While it does have some differences to the other types listed, visual harassment has the same underlying intention. This most commonly manifests itself in the sharing of pictures, messages, posters, and drawings of sexual context.

Affects working conditions’ and ‘creates a hostile working environment’ are also key parts of this definition. This could result in something like getting terminated, demoted, getting a bad evaluation or being refused a promotion. If any of these actions were taken because you refused a sexual advance, this harassment has had a very real impact on your working conditions.

Sexual Assault

Sexual assault has been defined by the U.S. Department of Justice as “any non-consensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks the capacity to consent”. This is considered a criminal offense, while sexual harassment is seen as a form of employee discrimination.

If any of this conduct interferes with your work performance or creates an intimidating and hostile environment, you have a claim on your hands.

What to Do After Being Sexually Assaulted in the Workplace

If you’ve undergone the misfortune of being sexually assaulted in the workplace, there are a few clear steps you should take. Reporting the issue to your employer is a logical first step. This will give you the option to continue with your company’s legal processes or to settle the matter in court.

Before you opt for court, it’s important to consult an attorney who is experienced in dealing with sexual assault cases. Attorneys who help sexual assault victims can help guide you through the process and improve your chances of getting a fair result. Here are several things you can do after being sexually assaulted in the workplace.

Say ‘No’ Very Clearly

Although it isn’t a proper excuse, some people just won’t understand that their actions are making you uncomfortable unless you tell them directly. They may not be able to properly gauge your body language or facial expressions. As such, you need to directly tell them that their actions are offending you and that you’d like them to stop immediately.

After you’ve done this, most people will get the message and stop. If this still doesn’t stop the behavior, the next option is to tell them to stop via written communication, which you should keep a copy of. E-Mail is one of the better ways to do this as it allows you to easily keep a record of communication.

Report the Behavior

The last thing most organizations want to be dealing with is a sexual assault case involving their employees. Most organizations will allocate substantial resources to dealing with something like this, including a dedicated human resources team. As soon as this behavior occurs, you should promptly let your supervisor or HR representative know.

These people are usually well-trained to handle such situations and have proper systems in place to deal with them. Where possible, you should ideally look to put this in writing and keep a saved copy. If nothing ends up being done about the situation, at least you’ll have this as a saved record.

Document Everything that Has Happened

Any time you experience sexual harassment or assault in the workplace, the best practice is to write down everything that happened. Document what happens and where it occurs, listing any witnesses where possible. Especially if some of your co-workers also see what is happening, get them to write it down as well.

Ideally, you should also look to keep a record of anything that occurs at home or outside of the workplace. If you’ve got these things written down, it’ll be much easier to make a case to your supervisor or HR representative.

Follow Your Employer’s Complaint Procedures

Individual organizations tend to have their own procedures to deal with complaints of this nature. Ideally, they’ll have an employee manual with written policies on how sexual assault complaints will be handled. By following these procedures, you’ll likely be able to resolve this issue as efficiently as you can.

It also shows your employer that you trust them to resolve things in-house without getting an outside arbitrator involved. This makes them likely to take this very seriously and look for a fair resolution as quickly as possible.

Keep a Record of Your Own Actions

Any time you make a report to your employer, it is best practice to do it in writing and to keep a copy. This allows you to create a written record of your own actions and your employer’s response to them. If things aren’t handled in a satisfactory manner, these records could prove very useful down the line.

Don’t Hesitate to File a Report

As soon as an incident of sexual assault occurs, don’t hesitate to report it to your employer. Far too many people are very hesitant to make these reports, which ultimately means the behavior carries on for too long. If your employer is unable to help and you’ve waited too long, you may be unable to file a report at all.

The EEOC requires that all sexual assault reports are submitted within 300 days, while some states have limits of just 180 days. Moral of the story, as soon as any instance of sexual assault occurs, you need to file a report as soon as possible.

Use Your Union

If you’re part of a union, don’t be afraid to leverage them to help navigate the grievance process. They’ll typically allow you to file a formal grievance and have one of the officials help you through the process. Especially if you’re unsure of how to proceed, they can be a very valuable resource.

File a Complaint with a Government Agency

Before you can file a lawsuit in state or federal court, you will need to file a formal charge with either the EEOC or the fair employment agency in your state. As such, this is one of the first steps you should take if things can’t be resolved in-house.

After you’ve filed this formal complaint, you may decide that it’s time to file a lawsuit for sexual assault. You can seek financial compensation, getting your job back (if you’ve been terminated as a result) and require that your employer changes their policies on sexual assault.

If you think filing a lawsuit is the best course of action, hiring a reliable solicitor is of the utmost importance. Apolinsky & Associates specialize in handling sexual assault cases involving unwanted physical touching.

To have a reliable and experienced legal team help you get the outcome you deserve, feel free to contact us today.

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Uncategorized https://www.lawresolution.com/blog/what-to-do-after-being-sexually-assaulted-in-the-workplace/ https://www.lawresolution.com/blog/what-to-do-after-being-sexually-assaulted-in-the-workplace/ Editor Fri, 17 May 2019 23:09:38 -0400
Is It Legal to Hide My IP Address Using a VPN?

It goes without saying that the internet has changed the way we live, allowing us to shop, communicate and entertain ourselves with ease. However, it also makes us and our computers face a variety of security threats. To protect their computers and the information stored in them, many Internet users have begun to use strategies that allow them to surf the internet with less visibility. One way to do this is to hide your IP address.

This has led some to ask the inevitable question: is it legal to hide your IP address?

What's IP Address?

It might be helpful to define the term "IP address" before answering the question. There is no doubt that you have heard these words before, but you may not know how the Internet protocol address is associated with your Internet access and computer identity. The Internet Protocol address is similar to a mail address because it acts as a location identifier for a computer network. IP represents an Internet protocol, and the address is a series of numbers that a remote computer can use to communicate with your computer.

This communication is necessary for you to use the Internet because it tells the remote computer where to send the information when you load the Web page. Because it provides identifying information about your computer, your IP address may be used in a number of ways, which can adversely affect your or your ability to use the Internet. For example, hackers can use an Internet protocol address to install a Trojan horse or otherwise hijack your computer. It can also be a way for others to determine where you are in a geographic location. Someone can maliciously use your Internet protocol address to send spam or pretend to be you, fundamentally stealing your identity.

Companies can also record IP addresses when you visit their websites, resulting in annoying pop-ups and intrusion into privacy for data collection. For all these reasons, many people decide to hide their IP addresses while surfing the web. This can be done in a number of ways. Perhaps the most common method is to use a VPN.

What's VPN?

This works by connecting to a VPN server that receives your requests, and then sends them to a remote computer, acts as an intermediary, and pretends to be your Internet protocol address.

VPN has been used for many other purposes as well. For example, in countries such as China, many websites such as Google, Twitter, Facebook etc. are blocked. People in China often uses VPNs to bypass this kind of internet blocking.

There are also many packages that hide your Internet protocol address. A lot of people have raised the question:

Is it legal to hide your IP address using tools such as VPN?

The answer is yes, as long as you are not trying to help you engage in illegal activities. Your Internet protocol address is private personal information and you have the right to disguise it as a eavesdropping person who may be using it. In many cases, websites that warn you to hide the illegality of your Internet protocol address may try to use your IP address for your own purposes.

Conclusion:

In today's Internet threat World, you should not hesitate to take preventive measures such as hiding IP addresses.

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Uncategorized https://www.lawresolution.com/blog/is-it-legal-to-hide-my-ip-address-using-a-vpn/ https://www.lawresolution.com/blog/is-it-legal-to-hide-my-ip-address-using-a-vpn/ Editor Mon, 13 May 2019 02:57:44 -0400
Eliminating Liability Resulting From a Foreclosure When an individual purchases a home by utilizing a secured lender, they are signing both a promissory note and a mortgage instrument. The promissory note creates the monetary obligation for the borrower to repay the loan amount to the lender, while the mortgage instrument is what grants the lender the right to foreclose on the property if the obligation is not repaid. Often, when facing foreclosure, the focus is on the lender taking ownership of the property. However, this blog will explore the liability implications that come with a foreclosure and how it can be addressed through a chapter 7 or chapter 13 bankruptcy case as well as address some questions related to bankruptcy.

DEFICIENCY JUDGMENT

When a property is sold at a sheriff sale for less than the amount of the outstanding mortgage loan, the lender has the right to pursue a deficiency judgment against the borrower. A deficiency judgment is a monetary judgment for the difference between what was owed to the lender and what the property was sold for at the sheriff sale. In New Jersey, the lender must bring an action to seek a deficiency judgment within three months of the sheriff sale pursuant to N.J.S.A. 2A:50-2. The easiest way for someone to determine if a complaint is a foreclosure complaint or a complaint seeking a deficiency judgment is to look at the docket. If the docket number begins with an F, then it is a foreclosure complaint seeking possession of the property. On the other hand, the docket number will begin with an L if a lender is seeking a deficiency judgment.

Once three months from the foreclosure sale passes, then the lender will be barred from pursuing a deficiency judgment against the borrower. However, even if this deadline passes, the borrower may still receive a form 1099-C from the lender. Pursuant to the IRS Code, forgiven debt is taxable income. Therefore, the deficiency amount that a lender chooses not to pursue in the form of a deficiency judgment, can become taxable income to the borrower.

DEALING WITH THE DEFICIENCY THROUGH A CHAPTER 7 BANKRUPTCY CASE

One option that an individual has to eliminate the possibility of a deficiency judgment or a tax penalty stemming from the foreclosure for forgiven debt is to file a chapter 7 bankruptcy case. An individual chapter 7 bankruptcy is the liquidation chapter of bankruptcy where the individual is seeking to have his or her debt discharged without proposing to make any monthly payments to creditors. A bankruptcy discharge erases any individual monetary obligation that an individual has to a creditor. Any liability for a deficiency judgment to the lender stemming from the foreclosure whether the bankruptcy is filed prior to the sheriff sale or after a deficiency judgment is entered can be discharged in a chapter 7 bankruptcy case. Additionally, one of the benefits of a bankruptcy discharge is that discharged debt is not taxable income pursuant to 26 U.S.C. § 108(a)(1)(A). Therefore, while it is irrelevant for purposes of discharging personal liability on the deficiency judgment, it is very important to file the bankruptcy case prior to being issued a 1099-C from the lender to eliminate any potential income tax implications stemming from the foreclosure.

CHAPTER 13 BANKRUPTCY AS AN OPTION

Bankruptcy is not a one size fits all procedure in that an individual’s situation must be closely analyzed before deciding which chapter of bankruptcy is right for that individual. Some individuals will not qualify for a chapter 7 bankruptcy due to their income or a chapter 7 would not be right for them due to having significant assets that would be sold by a chapter 7 trustee. In that case, if faced with a foreclosure, then a chapter 13 bankruptcy proceeding is an option for discharging any potential liability for a deficiency judgment and eliminating the potential for tax liability resulting from the foreclosure.

Chapter 13 is the individual reorganization chapter of bankruptcy, which is done through a chapter 13 plan. In the chapter 13 plan, the individual can seek to surrender a real property to the mortgage holder. Choosing this option will allow the debtor to be discharged of his or her debt to the lender upon completion of the plan.

A common misconception of surrendering a property in a chapter 13 plan is that the real property must then be immediately turned over to the secured creditor. However, this is not the case. Surrendering a property through a chapter 13 plan simply means that the debtor is not seeking to retain the property through their individual reorganization and that the lender will be granted relief from the automatic stay upon confirmation of the chapter 13 plan by the Bankruptcy Court. The automatic stay is the mechanism within the Bankruptcy Code that prevents creditor collection actions from going forward while the bankruptcy case is pending. Therefore, upon confirmation of a chapter 13 plan that seeks to surrender real property, the secured creditor will be free to resume its foreclosure proceeding to take ownership of the real property in state court.

Written by David E. Sklar, Esq.

Bankruptcy Attorney, Scura, Wigfield, Heyer, Stevens & Cammarota, LLP. Prior to joining Scura, Wigfield, Heyer & Stevens, LLP, Mr. Sklar graduated from Rutgers University-Newark School of Law with a J.D., Cum Laude. Mr. Sklar represents individuals in bankruptcy and civil litigation.

https://www.scura.com

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4 Essential Tips for Opening Your Own Law Firm You graduated from law school and went straight into working for a big firm. Within a few years, you see how it's run and decide you could certainly do that yourself if you had the capital and the clients. Before long, you have your capital raised and are ready to go for it. However, you're a little worried about branching out on your own and confused to boot. With that in mind, read on below for a few essential tips you might want to consider when opening your own law firm.

Choose a Field of Specialty

While you may think it would be great to practice general law, it can quickly become too much to handle and make you regret your decision to branch out on your own. If you started out with a firm of Midtown New York Personal Injury Lawyers, for example, perhaps that is where your specialization should lie. It's always best to specialize and help a select group of clients and do it well than to try to do it all and fail.

Don't Forget the Little Stuff

In the middle of all the setup, marketing, choosing a field to specialize in, and trying to drum up clients, it's important not to forget the little stuff that keeps a brick and mortar business going. Stuff like security for the office and even reputable pest control are extremely important. After all, you don't want your offices broken into and you certainly don't want a bug crawling across a client's shoe during a consultation, now do you. The little stuff is just as important as the big stuff when you're opening your own office.

Make Sure You Start With the Right Tools

As with any other career out there, you're going to need to spend money to make money. While you need to carefully consider how you spend the money you have to open your firm, skimping on the essentials can be a mistake. For example, you need to budget quite a bit for marketing, as that is going to be where your clients come from.

Be Smart About Leaving Your Current Firm

One area that lawyers starting their own firm run into problems with is leaving the firm they are currently working for. You want to do it in a way that is professional, ethical, and won't create legal problems, especially when it comes to taking your clients with you. Doing things the right way and leaving in good standing with your current firm is the best, and smartest, way to do business. You never know when you might need that firm in the future and it's better not to burn your bridges as you go.

These are just a few tips to help you start your own law firm and break away from the firm you are currently with. Make sure to do things the smart way and success is sure to follow.

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Uncategorized https://www.lawresolution.com/blog/4-essential-tips-for-opening-your-own-law-firm/ https://www.lawresolution.com/blog/4-essential-tips-for-opening-your-own-law-firm/ Editor Wed, 06 Mar 2019 21:37:28 -0500
Why is a personal attorney most reliable for accident cases? Before hiring a personal attorney then one has to consider a lot of important things.  For effective results, one should always check, does my injury qualify or not for the case. If you want compensation, then one has to analyze lots of important things. You should check the budget because most of the lawyers are charging thousands of dollars in each case. Before making a final decision, you should ask important questions related to life and other cases carefully. To win the case then one has to do lots of important things and in this the attorney can assist you. You need to hire someone who can do the work for you competently.

Nothing is better than personal attorney because he will able to handle every case with ease.  Personal injury lawyers are known as tort law. They specialize in a particular area such as private or wrong injuries and other nonmonetary damages. Let's discuss the role of the role of a personal injury attorney.

  • What are the duties of personal attorney?

Personal injury lawyers have thousands of responsibilities. All these duties are associated with ethical and professional codes. To get rid of hassles and other problems then one should always consider a certified lawyer because he will able to handle every case with ease. Firstly, he will prepare the file, and then he can file the particular complaint in the court. A professional always prepare the file with legal documents and will offer genuine advice to the victim.  He will always make a decision wisely. If possible, then professional attorney makes a settlement with the other party. You don't have to visit the court again and again because criminal will give you compensation to you.

  • Strict rules and regulations

When it comes to the personal attorney, one has always to consider a professional one only. As per professionals, an expert lawyer will always follow strict principles and other important rules. He can make a settlement with clients with ease. To avoid the additional charges then it would be better to consider a professional lawyer only. They will able to protect your rights. You don’t have to give a fee in advance. The fee depends on the case; if you win the case, then you have to pay 20% of the compensation.  Before choosing a personal attorney, one has to pay close attention to the certificate and training. Most of the lawyers are handling the case without getting proper training.  Most of the people are choosing Zehl 18 Wheeler Accident Attorneys because they will able to handle every case with ease. Make sure that you are choosing an experienced and skilled lawyer only.

  • Specific area

If you are giving the right information about the case, then you can easily win it.  He will always focus on the specific area of the case. Make sure that you are choosing a skilled lawyer only.

Moving further, a professional personal lawyer always analyzes the case carefully. As per professionals, a personal attorney always gives right suggestions to you.

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Uncategorized https://www.lawresolution.com/blog/why-is-a-personal-attorney-most-reliable-for-accident-cases/ https://www.lawresolution.com/blog/why-is-a-personal-attorney-most-reliable-for-accident-cases/ Editor Sat, 09 Feb 2019 07:48:44 -0500
Things you need to know before filing an IVC Filter lawsuit Technological advancements have had a positive impact on the medical field. Today, there are advanced medical devices designed to enhance the human life condition. However, sometimes these devices can be more deadly than one can imagine. A case in example is the IVC (Internal Vena Cava) Filters. Initially, this equipment was designed to prevent blood clots right at the source, which could be helpful in saving many lives. However, in the recent past, it has also led to some fatal injuries because of defects and malfunctioning.

Today, many such medical mishaps of vena cava filters and their complications are reported to the FDA. And many patients and their families have also filed IVC Filter lawsuits. If you are also planning to file a lawsuit, here are a few essential points that you need to be aware of.

  1. The injury risks

IVC filters got designed with the objective of helping people overcome a particular physical issue. There are removable filters that must be removed after some time of one or two months, after the implant. If you wait longer than that, the chances of a severe injury increase. However, this is not known to take place in maximum cases. The ace lawyers who know that such an injury can happen. However, if the filter is still not removed, then you stand a good chance in filing a lawsuit against the healthcare provider.

  1. An improper device

In the recent times lawsuits for sudden death because of IVC Filter malfunctioning are increasing in number. If there's a faulty device that has resulted in over 24 deaths, then it is essential to file a lawsuit. It will warn people who are planning to opt in for an IVC filter and help them act in an informed manner.

  1. Chances of serious injuries

It is essential to know that many people have contacted the FDA informing about severe injuries due to IVC filter implants. You must understand that this equipment can cause a tear in your body. It means there can be small pieces of this device that can move to the lungs and the heart. It will result in chronic perforation. Furthermore, if the condition is severe, it would be even more challenging to take away the filter from the body. If you or someone you know has witnessed such a chronic injury, by all means, you need to file a lawsuit.

Do IVC Filters bring any good outcome?

Keeping in mind all the data available today, IVC filters efficiency is questionable today. Many people have claimed that the after effects of this device are not as promising as it appears in the beginning.  Hence, if you find that your doctor is unsure about the risks associated with this device, it makes sense that you get in touch with a lawyer who would help you address the situation legally.

Today, medical breakthroughs are continually happening! However, if you find yourself to be a victim of faulty and malfunctioning medical equipment, for instance, an IVC Filter, it is essential to reach out to an ace attorney.

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Uncategorized https://www.lawresolution.com/blog/things-you-need-to-know-before-filing-an-ivc-filter-lawsuit/ https://www.lawresolution.com/blog/things-you-need-to-know-before-filing-an-ivc-filter-lawsuit/ Editor Thu, 31 Jan 2019 03:12:25 -0500
What is product liability? What are the different types of product liability claims? Product liability is an area of law where the seller or manufacturer of a defective product is responsible for any damage to personal property or injury the product causes. Whether it is a defective tire, airbag, seatbelt or car seat, product liability applies to them all. Product liability also applies to unsafe toys, medical devices like pacemakers, cribs for infants, and pharmaceutical drugs.

Every year, thousands of people incur injuries from defective products that turn out to be dangerous as well. When the seller puts the defective product in the hands of the customer, he or she becomes liable for the subsequent injuries or damage. All the suppliers and sellers of the product within the distribution chain share the responsibility for the product defect. In simple words, the law requires the product in question to meet the expectations of the customer. When a product poses an immediate danger to the user's health or personal property, it does not meet those expectations.

Interestingly, although thousands suffer from injuries caused by unsafe products or defects in products, no federal product liability laws exist. The product liability laws vary between the states and those of Los Angeles, CA can be very different from the laws in Arizona and Nevada. The state laws in combination with the theories of strict liability, negligence and the breach of warranty help in bringing together product liability claims in LA. Additionally, the Uniform Commercial Code in each state inspires its set of commercial statutes that include the warranty rules of that particular state influencing the liability for a product. Visit www.hersheyinjurylaw.com/personal-injury-attorney-los-angeles to learn more about the product liability laws in LA.

Who can file a product liabilities claim?

There was a time when the "privity of contract" or a contractual relationship between the seller and the user of the product had to exist for the injured person (user) to recover compensation. However, it is no longer compulsory in Los Angeles for the injured to possess the "privity of contract." It implies that the injured user and the buyer do not have to be the same person. Any person, who could have used the product can file a product liabilities claim for his or her injuries. For example – if your friend was to borrow your phone charger, that caught fire while he or she was charging the phone. He or she could file a claim with the seller and manufacturer of the company, although the injured party will not be the purchaser in such a scenario.

Who is responsible for your injuries?

Any party or individual in the chain of distribution of the product can be responsible or share liability for a product defect. For example –

  • The manufacturer of the product
  • The manufacturer of the components of the product
  • The party handling the assembly process
  • The wholesaler supplying to the retailer
  • The retail store selling the product to the consumer

However, if someone is selling a defective product at a yard sale, he or she will probably not be liable in a liability action lawsuit. A registered business or an authorized seller must sell the defective product for the strict liability to apply.

What are the fundamental types of product liability claim?

Almost every state has a basic set of laws that apply to the defective product claims. Now, for filing a defective product liability claim, you must not only show that the product is flawed, but you must also be able to prove that the defect has resulted in your injury. Here are the different types of product defects that can result in personal injury –

  1. Products with manufacturing defects

Have you ever bought a new swing set for the yard and found the chain to be cracked? Have you ever come across a bottle of digestive enzymes that tasted "funky" in spite of being within its expiry date? These are all examples of manufacturing defects. The manufacturer could have made a mistake while manufacturing these products. In most of the cases, the problem lies at the production level at the manufacturing plant or the factory.

If the user sustains injuries from using these defective products, then he or she can have a manufacturing defect claim. However, it is imperative that the user shows that it was the particular flaw of the product and not his or her choice of actions that resulted in the injury or damage.

  1. Products with design defects

When the design of a product is inherently defective or dangerous, the user or injured party can file a defectively designed product liability claim with the company. It is entirely different from a manufacturing defect claim. Since the defect does not lie at the manufacturing level of one product or a line of products, but with the design of a model or make, the injured party can file a design defect claim. In most of the instances of a design defect claim, the manufacturer claims that the injury-causing product meets all the specifications of design and safety.

For example – you may have come across epilators that repetitive nick skin while removing body hair. Or, you may have heard of electric blankets that electrocute the user. In both cases, if those are not isolated incidents of injury resulting from the use of a product, the user might be looking at a defective design lawsuit instead of a defective manufacturing lawsuit.

  1. Products with marketing defects

We come across these far too often. There are no flaws in manufacturing or design but in the marketing strategy of these products — for example – hair straighteners that do not come with the warning that the straightening plates might be too hot to touch. Or, a cough medication that does not have the side-effects like sleepiness, confusion or dizziness listed on its label.

The injuries resulting from the use of these products do not come from manufacturing flaws or design failures. They come from the ineptness of the marketing team. The failure to warn the users of the potential dangers and threats can result in a potential failure-to-warn claim.

If you have experienced any injury while using a particular product, you might want to speak with your personal injury lawyer in Los Angeles to find out the nature and possible compensation of your liability claim.

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Uncategorized https://www.lawresolution.com/blog/what-is-product-liability-what-are-the-different-types-of-product-liability-claims/ https://www.lawresolution.com/blog/what-is-product-liability-what-are-the-different-types-of-product-liability-claims/ Editor Thu, 31 Jan 2019 03:07:58 -0500
What to Consider When Choosing a Lawyer for Your Real Estate Business It is common for real estate businesses to look for legal advice from brokers, in house staff, or senior management instead of hiring a professional lawyer. Taking advice from team members is not a bad thing to do, but it is no match for the knowledge and experience of a real estate attorney specialized in a particular discipline. When it comes to litigation counsel, it plays a significant role in settling disputes in the property business. According to an article published on https://www.huffingtonpost.com, a business owner should ask a few essential questions before choosing a lawyer such as the nature of the contract, the closing costs for a family home, the existence or absence of good faith, and the number of days provided for performance. Then, how do you ensure that you have the best attorney for your real estate business? Here are a few things you can consider:

Experience in Managing Different Tasks

Before choosing a professional for your commercial real estate, figure out whether he can deal with an array of tasks or not. It can be any legal issue relating to your property business, and the lawyer should have the knowledge and expertise to address the concerns. Inquire whether the attorney can handle situations like lease review, agreement confirmation and negotiation, tenant issues, financial contracts, agreement remedies, negotiations related to renewal, and constructive evictions. If the attorney is comfortable dealing with these aspects, go ahead. Else, look elsewhere. You can research online and look for information on platforms like https://www.bosslawyers.com.au/ or similar ones.

Know the Attorney

Before you sign the dotted line on the agreement paper, you must know the lawyer who will work to settle your business disputes. You must feel comfortable with the person who will work on litigation issues and resolve those cases. Do not assume that only a senior professional will deal with your real estate litigation. When it comes to a law firm, it has many junior associates as well who reviews work to ensure high-level performance and efficiency in handling cases. Talk to other attorneys about the success rate of the lawyer. Consult with as many people as possible to ensure that you will receive consistent and quality service.

Figure out Billing and Expenses

Consider the legal costs involved when hiring a lawyer for your property business. Choose someone who is experienced and charges a fee that you can afford. Avoid professionals who charge very high or quote the lowest price. Remember that you will be billed for the services offered by an attorney. Therefore, do not hesitate to ask questions. Inquire whether the firm charges an hourly rate or a retainer fee. Are you required to pay a flat fee for the services provided? When it comes to legal services, all practices have individual billing methods. Ensure that you understand such processes before choosing a lawyer.

Conclusion

The attorney you choose for your real estate business should meet your requirements. Ask questions, and you will learn many things about the professional. Ensure that the lawyer has worked in a court where your case shall be tried.

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Uncategorized https://www.lawresolution.com/blog/what-to-consider-when-choosing-a-lawyer-for-your-real-estate-business/ https://www.lawresolution.com/blog/what-to-consider-when-choosing-a-lawyer-for-your-real-estate-business/ Editor Thu, 31 Jan 2019 03:06:44 -0500
Does a Warrant Have Your Name on It? Chances are you would remember if you had a run-in with law enforcement. The same is true if you were behind on court-ordered payments for child support.

That said some people do forget about issues that impact their lives. As a result, the inaction they take now can lead to consequences down the road.

With that thought in mind, does a warrant have your name on it?

Use the Internet to Assist You

If you think authorities may be looking for you, one way to go about trying to discover details is the Internet.

When you go online, you can determine if an Orange County warrant search or one closer to home involves you.

So, what to do if in fact authorities want to speak with you?

Your best courses of action include:

  1. Dealing with the issue as soon as you can – The worst thing you could do would be to delay dealing with the issue. All that can come from such an act is problems. The sooner you deal with the matter at hand, the faster you can put it behind you. During your online search on a possible warrant in your name, be sure to fact check everything. Make sure authorities in fact have the right person they are looking for. Once that has been determined it is you in their cross-hairs, make plans to settle the issue.
  2. Be upfront with those close to you – Having an arrest or bench warrant with your name on it is embarrassing. That said you do not want to lie to those closest to you. All that does is causes more problems now and later down the road. While you may lose one or more people close to you given the situation, those you can count on to be there for you will be. By being honest with them about the matter, there is less reason for them to run away from you.
  3. Implications at work – With your name on a warrant, you may well fear that your job could be in jeopardy. With that in mind, you want to talk with your employer before word gets around. In today’s information age, it does not take long for details on the Internet to spread. Whether a website or social media, word could get to your employer about a warrant out for you. If it does, your place of employment may well decide to cut ties with you. Remember, many companies worry about their reputations in the public eye. As a result, you could pay the price if your company does not think it is a good idea to be associated with you. This is especially true if you have a job of importance and your employer’s public image could be at risk.

Learning from This Time in Your Life

Once you have put this warrant behind you, it is important to have learned from the situation.

Going forward, you want to do all you can to avoid run-ins with the law and courts.

In the event the law is after you again, think back to this experience and how you handled the matter.

Chances are you will do better the next time around and not get into such a bind.

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3 Reasons You Need a Personal Injury Attorney When you’ve suffered a personal injury, many different things go through your head.

With that being the case, you can’t forget about the importance of getting the legal help you need.

Remember, a serious personal injury can deter both your professional and personal lives.

So, is it time you reached out for a personal injury attorney?

Your Physical Well-Being Comes First

As you look for the right legal counsel, keep these reasons in mind why getting an attorney is of importance:

  1. Your health – While your legal pro can’t treat your medical needs, he or she can help you out with your legal needs. Whether you opt for a personal injury attorney inland empire or elsewhere, you want the best one you can get. They will be the person guiding you when it comes to your legal rights. Keep in mind that a serious personal injury can change your life in many significant ways. From having trouble working to physical issues you may well deal with, you can’t sit by and not deal with reality. When the injuries impact your health, you may not work again. You could also be in such pain that daily tasks one takes for granted could be hard for you to complete.
  2. Your finances – Not only is your health affected by a serious personal injury, so too are your finances. With that in mind, you need legal help in helping you to try and recoup the financial losses you will encounter. Such costs can include a hospital stay, rehab, and expenses you may have for extended care. Having a caregiver come into your home alone can lead to sizable medical bills. It is also important to look at how not being able to earn a living now and down the road can make life rather difficult. What would you do if you could not go to work on a daily basis? Do you have another means of being able to pay your bills?
  3. Your obligation – While you may not see an attorney as an obligation, think things through. When it is at the hands of someone else, would you want them to do the same to one or more innocent individuals? An example of this is when someone has been drinking and driving. Often, this is not the first time one has been drinking and then gotten behind the wheel. Chances are you may not be the first person they’ve injured. As such, if they are not dealt with and suffer legal repercussions, they may well end up injuring others. By getting the right legal pro in your corner to fight for you, you could very well be helping others in the future.

When you’ve suffered a serious personal injury, take care of yourself first.

From there, making sure you have the right legal representation is key now and for your future.

So, is it time to pick up the phone and find the legal professional ready to take your call?

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Uncategorized https://www.lawresolution.com/blog/3-reasons-you-need-a-personal-injury-attorney/ https://www.lawresolution.com/blog/3-reasons-you-need-a-personal-injury-attorney/ Editor Fri, 18 Jan 2019 22:55:04 -0500
A Speeding Trucker is a Greater Danger to Motorists All drivers know how it feels. You’re driving down the interstate when a tractor-trailer comes barreling closer and closer toward your vehicle, getting larger in your rearview mirror and forcing you to speed up just to get out of its way.

It’s an intimidating experience, and it highlights the power that drivers of commercial vehicles wield on our roads. They’re not only driving a multi-ton vehicle that can crush other cars, they greatly influence nearby vehicles and force us to change our driving behaviors.

Speeding is a big concern for all road safety advocates, though speeding truck drivers in particular pose a unique threat to motorists. A recent study reveals that a hurried trucker might also be more prone to other negligent driving practices.

Other Dangerous Behaviors of Speeding Truckers

A study from SmartDrive found that speeding truck drivers are 53 percent more likely to be involved in a near collision with another vehicle than other drivers. The truckers that are considered “top speeders” are nearly 70 percent more likely to be involved in such crashes.

A truck driver traveling more than 10 mph over the speed limit is more than two-and-a-half times more likely to talk on a handheld device than other drivers, and more than two times more likely to engage in other distraction-related activities, including eating and drinking. Speeding truck drivers are also two-and-a-half times more likely not to stop at a stop sign and to change lanes in an unsafe manner.

The list of unsafe practices in the study goes on and on, but the above items alone are more than enough to paint the picture.

Slowing Down Truck Drivers

The trucking industry has a vested interest in slowing down drivers. While shippers would like cargo to arrive at its destination quickly, trucks that travel at slower speeds are more fuel efficient and less likely to cause crashes with other drivers.

Many big rigs are equipped with speed limiters, which are devices that cap the speed at which a truck can drive. Thus, many drivers don’t speed simply because it isn’t an option. However, speed limiters don’t stop truckers from driving too fast on roads with lower speed limits or in weather conditions that should prompt drivers to slow down (snow, rain storms, etc.).

Speeding doesn’t just entail exceeding a posted speed limit. It also includes driving too fast for other conditions of the road, such as congestion, construction and inclement weather. Speeding, when expanded to cover these conditions, is a factor in around one-third of all vehicle fatalities.

Legal Considerations for Victims of Negligent Drivers

Whenever someone suffers serious injuries on our roadways because another driver is careless, they are entitled to pursue compensation through personal injury claims. When the negligent driver was a trucker, the injured person should seek the services of an attorney who has experience with these specific crash types.

Crashes involving commercial vehicles are different than other types of vehicle accident cases. There are several federal and state laws that must be considered by an attorney when preparing their client’s case. Crashes involving large trucks sometimes involve shippers or trucking companies that have legal teams with years of experience in mitigating their driver’s liability. This is why it’s in a crash victim’s best interests to look for a lawyer that has a track record of successfully handling cases involving large trucks.

The next time you see a truck driver zipping down the road, remember that they might be a dangerous driver to share the road with. If possible, keep your distance. However, if you’ve had the unfortunate experience of being involved in a crash with a speeding truck driver, make sure you seek an experienced truck accident attorney to hold them accountable.

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Uncategorized https://www.lawresolution.com/blog/a-speeding-trucker-is-a-greater-danger-to-motorists/ https://www.lawresolution.com/blog/a-speeding-trucker-is-a-greater-danger-to-motorists/ Editor Tue, 08 Jan 2019 22:50:50 -0500
How can you find the right car accident lawyer to represent you? Sadly, by 2030, road accidents will become the seventh leading cause of death for the youth aged between 15 and 29. Between 2009 and 2013, Baltimore City experienced over 100,110 crashes. Over 31% of the crashes were due to distracted driving, while only 6% were due to speeding. The city center has always been a hotspot for traffic accidents in the past, and it will continue to do so as long as people do not ditch their mobile phones while driving. Several of these accidents caused physical injury to at least one of the drivers and the passengers involved.

Car accidents can happen to anyone. You should not wait to face difficulties with your insurance claims or lawsuits. Mishaps take a fraction of a second to occur. You can end up in a car accident on a bright sunny day without any prelude. During such situations that catch you by surprise, you definitely want someone by your side to walk you through the legalities. Whether you need an expert to handle your automobile insurance claims or you need to file an accident injury lawsuit, you should look for an experienced accident lawyer in Baltimore.

How to find the right representation after a car accident?

When you go for your first meeting, carry the following documents –

  1. Copies of the police report
  2. The pay stubs and W-2s that can support your loss of income claim
  • All documents that denote your correspondence with the insurance provider

It is the fundamental part of the initial consultation, and a good accident lawyer in Baltimore should not charge you for it at all. If he or she tries to charge you for this initial consultation, it is reason enough to begin searching for another attorney.

Always pick a team with a reputation

Several lawyers in Baltimore have specialized in car accidents for years. You need to choose a Baltimore car accident lawyer whose reputation precedes his or her work. Here are a few questions you need to ask your new accident lawyer after your first meeting –

  • How many car accident cases do you deal with per month?
  • How many years have you been an accident lawyer in Baltimore or Maryland?
  • Do you handle your cases personally or do your trainee attorneys work with you on these cases?
  • Do you work with the plaintiffs or the defendants in car accident trials?

The answer to the last question might help you find out if this is the right lawyer for you. The correct legal representation can mean someone, who represents plaintiffs only or defendants exclusively. Their expertise in the area can determine your chance of success. Check their online presence. If he or she does not have great reviews in recent times, it might be time to look for someone else.

Look for a high success rate

The success record of the lawyer should always be relevant. You can pick a lawyer after seeing cases he or she won a decade ago, but if the car accident lawyer does not have several recent wins, you might want to rethink your choice. Some lawyers have a high win rate of accident cases when they fight for the defendant. It is your responsibility to decide what kind of representation you want. Some of the novice lawyers without a glamorous winning record can be incredibly cheaper than expert accident attorneys, but working with the veterans will always increase your success rate.

Check for personal injury claims

Many lawyers specialize in personal injury lawsuits that result from vehicular accidents. If you have suffered any form of physical injury, you should consider hiring a legal team that has enough expertise in the area. Taking a look at their official website will give you the idea about their area of practice. Always ask your lawyer explicitly about their experience in the personal injuries front. Some accident lawyers have a strong team of investigators, medical experts, and personal injury attorneys, who can help you win the case against the defendant, get a better settlement from your life insurance and obtain fair compensation from the parties involved.

Check their fees

After paying your medical bills and repair services on your car, you should be able to pay the expense of your legal team. Some accident claim and injury lawsuits can take over $100,000 to prepare. Unless you speak with your car accident lawyer at length about the resources you require and the cost of the process, you might find it difficult to make ends meet. Most honest and compassionate accident attorneys sign a case for contingency fees. They do not charge a flat rate or work on retainers like most other lawyers. Therefore, it is essential for every client to clarify the following –

  • Are you ready to settle for the lowest amount possible with low costs and little time?
  • Do you want to go for the highest compensation possible, irrespective of how much the process costs or how long it takes?
  • Do you want to get the first higher amount the insurance company offers without wasting any more time?

Talking about these will help you understand if you and your lawyer are on the same page. The legal team needs to learn about your priorities and goals to draft the perfect strategy.

Verify the lines of communication

You should be able to speak with your lawyer or the legal team whenever necessary. Your lawyer might be busy with other cases, but he or she should always have time for you. Some eminent lawyers across the US do not handle all the cases they take on. There have been many instances where their law students or interns have been the first chair in court. You cannot have a student decide the amount of your compensation and your physical health. You need the right legal representation in court and for making your insurance claims. Always take time to choose a lawyer, who has the time for you and a keen interest in your case.

Hiring the right car accident lawyer can change the future of your claims. It is a long-term investment, so research your options and think before you hire someone.

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Uncategorized https://www.lawresolution.com/blog/how-can-you-find-the-right-car-accident-lawyer-to-represent-you/ https://www.lawresolution.com/blog/how-can-you-find-the-right-car-accident-lawyer-to-represent-you/ Editor Sun, 06 Jan 2019 10:02:24 -0500
Know about Birth Injuries to Choose Birth Injury Malpractice Lawyers Birth of a child is the happiest moment in the parent’s life. Unfortunately, it is not so in all the cases as there can be many complications related to childbirth. A baby born with birth injuries are reported more so often, including severe physical injuries.

There are medical possibilities for injuries to happen to newborns during pregnancy, delivery, and immediately after birth. Sometimes, these may be preventable with better care as many are caused by medical negligence or improper handling. According to the data of the National Health Care Quality Report, about 6.58 newborn babies reported having injuries out of 1000 childbirths in the United States.

A birth injury occurs when a baby suffers any preventable trauma during the process of childbirth or immediately after. These injuries may be from the mechanical devices used for childbirth as vacuum extractors or forceps to assist in delivery or caused by oxygen deprivation to the child etc. If you suspect anything of this sort happened to your newborn, then a birth injury lawyer (BIML) can help you with it.

The case of birth injury

Even though all types of birth injuries are resulting from medical negligence or malpractice, a good number of them may have been prevented with proper medical care. A study recently had shown that Centers for Disease Control and Prevention (CDC) have listed out the most common types of birth injuries and its causes as the following.

#1. Brachial palsy injuries

These types of injuries have different versions as Klumpke's palsy and Erb's palsy etc., which occurs when the nerve bundle which enables the movements of hands and arms get injured. This nerve group is called brachial plexus and the injury to this part is generally known as brachial palsy injuries. The common cause for the injury is shoulder dystocia, which happens when the infant's shoulders get trapped in the pelvic cavity of the mother during childbirth. If a physician tries to pull the baby too hard in an incorrect way to deliver the baby, then there are chances for brachial plexus getting damaged.

#2. Facial paralysis

During delivery, there is a chance that the face of the infant gets too much pressure which damages the nerves. This is a very common birth injury which occurs while the doctors use vacuum extraction methods or forceps to pull out the baby. General symptoms of facial paralysis are difficult to close eye on the affected side and also no movement at the affected part. If the injury is minor, it may clear in a few weeks. However, if the injury is serious, then it may lead to complete facial paralysis. This is one situation mostly handled by birthinjurymalpracticelawyers.com.

#3. Brain injuries

Often during the time of delivery, there is a chance that the baby may get oxygen deprived, which can lead to many problems including severe brain injury. If this happens, then many associated medical disorders may also be caused like chronic seizures and cerebral palsy, etc. Oxygen deprivation also may happen due to medical negligence if the physician is not able to monitor the infant after birth.

This includes checking the umbilical cord related issues like a prolapsed umbilical cord, which will cause the baby to remain for a longer period in the birth canal. Experts say that even milder oxygen deprivation may lead to some serious troubles like intellectual disabilities and long-lasting physical problems.

#4. Fractures

A clavicle fracture is one of the most common types of fracture occurring during the time of delivery. This must occur while a physician tries to pull hard to get an infant out, which is basically in breech position. Clavicle may also get fractured if the shoulder is pulled forcefully during difficult or prolonged deliveries. The symptom is that the infants cannot move their arm on the side of the fracture. However, a reassuring fact about these fractures is that that they tend to heal fast, usually within 10 to 15 days.

#5. Cephalohematoma

Cephalo- means head and hematoma means bleeding. Cephalohematoma is primarily a type of injury with marked bleeding in the cephalic region, underneath the skull. The injury occurs right under the cranial bones, and profuse bleeding occurs. This condition most commonly appears many hours after birth when a bump appears on top of the head of the newborn. One major cause of cephalohematoma is the use of some birth-assisting mechanical devices. The bump as a resultant of this condition may clear up in a few months. However, there can be many risks associated with this condition as anemia, jaundice, hypotension, and in some cases, meningitis.

#6. Caput succedaneum

As you find the name a bit complicated, this newborn health issue is also a bit complicated. This form of birth injury is marked by intense soft tissue swelling at the infant's scalp. This condition develops when the infants come down through the birth canal. The major reason for caput succedaneum is the improper usage of the vacuum extraction tools. The swelling caused by this condition may reduce within a few days.

Hiring a ‘Birth Injury Lawyer’

If you face a birth injury related issues to your newborn, then it is possible to seek the help of an attorney to determine the cause and original of the injury. Birth injury lawyers are legal specialists who work closely with families to examine various procedures and circumstances of childbirth to understand any possibility of medical negligence ending up in birth injuries or cases of preventable birth injuries. For the normal citizen, it may be difficult to seek answers from physicians and other healthcare professionals without the help of a knowledgeable and experienced lawyer.

The service of a birth injury lawyer may also be required in case if you want to file a lawsuit against the medical negligence of the practice, which ends up in severe health deficiencies of your newborn. As individuals will not be able to act wisely on being in a panic situation by seeing the adverse symptoms of a long-awaited offspring, a good attorney will be able to do things on your behalf to get out of the adversities and provide proper support.

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Uncategorized https://www.lawresolution.com/blog/know-about-birth-injuries-to-choose-birth-injury-malpractice-lawyers/ https://www.lawresolution.com/blog/know-about-birth-injuries-to-choose-birth-injury-malpractice-lawyers/ Editor Sun, 06 Jan 2019 09:58:06 -0500