Law Territory: Blog Law Territory: Blog https://www.lawterritory.com/blog/ Copyright by Law Territory en Law Territory Tue, 14 Jul 2020 15:13:35 -0400 Importance of Legal Advice in Family Problems The cases of the family law cases may be fond of solving their problems by themselves but some very acute problems lead to immediate actions. They may include the usage of the power to get across the message or to mutilate the family bonding. Some situations do not need the intervention of the lawyers because of them being too petty. Regardless of what comes to the representing files, there needs to be a major setback on where the clauses need to be solved. For instance, in cases like that of the parenting and gaining rights over children, or guardian ownership. All such laws should be held accountable for letting the legal advice to fall into the place. This article sheds light importance of legal advice in family problems.

Family issues

There is a considerable amount of time that needs to be dealt with by the family-related issue by the legal expert. This area will have to be covered with emotional intelligence. There is access to the lawfully acceptable policies that cures to the responsibility. The available funding will have to be based on the circumstances and what is expected by the guardians. The merit list will have to be legalized and the things that will receive a greater chunk need to go in the favor of the client fighting for the family cause.

Expedites the project

There are many limited projects that need pilot running and this is why there will have to be a need for constant representation There needs to have a difference of opinion for the preservation of family property. The legal advice will have to be divided very carefully. The claims of the trauma will have to be distributed evenly and the legal abuses shall be kept away while resolving court-related harassment orders.

Curating multiple needs

The independent nature of the legal advice needs to be tackled with great care when family problems reach a peak. There will have to be greater sanction for community-based organizations which will follow the casework for the extended information. The range of services provided might vary depending on the type of community it is being given to. There are some family groups who are targeted and gets vulnerable with time. The assistance that follows is far greater than the individuals who fall victim to the wrong advice. This may include cases like family violence and property issues.

Registration for domestic Violence

This kind of abuse is highly common for the people in Europe and the United States of America according to the survey held by Preston University. The reasons can diverse and there are no legal social rules that may help to reduce the violence on the face of abuse faced by people of regular consultation. The authorizations committee needs to be protected in every way so they may pave way for the protection of service centers. The immediate causes may fall into the dangerous case as the information in which the partner files reach the other party. In this case, legal advice is high of use.

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Uncategorized https://www.lawterritory.com/blog/importance-of-legal-advice-in-family-problems/ https://www.lawterritory.com/blog/importance-of-legal-advice-in-family-problems/ Editor Tue, 14 Jul 2020 08:27:37 -0400
What Causes Truck Accidents? With millions of trucks on the roads, it is not unusual to find yourself involved in an accident with a big rig. Large trucks are common on our highways since Houston is a hub for cross-country truck travel. When you get into a crash with an 18-wheeler, you may suffer a severe injury. If the accident was due to the negligence of the truck driver or trucking company, you might be owed money for your damages. Damages may include such things as medical expenses, rehabilitation costs, lost wages, and pain and suffering.

Factors that Cause or Contribute to Truck Accidents

As with any vehicle accident, some factors may cause or contribute to any particular truck crash. The Federal Motor Carrier Safety Administration (FMCSA) reviews and evaluates reports of truck crashes from data provided from every state. They note factors that caused the crash and those that contributed to the accident. There may be several or more factors for a specific truck accident, including critical events, critical reasons, and associated factors.

They categorize crash cause and contributing factors into several categories, including human error, mechanical, and outside issues. Human errors include driving mistakes such as failure to stop, making an improper turn, losing control of the truck, and speeding, among others. Mechanical issues are those that affect the way a truck operates. The most common mechanical factors are brake problems and tire blowouts. Outside factors are such things as weather conditions and road debris.

Common Reasons for Truck Accidents

Most truck accidents happen due to driver error. Inattention to the road is one of the leading reasons for truck crashes. A driver may become distracted due to using a cell phone or electronic device, due to fatigue, or because of alcohol or drugs, and other reasons. Inexperience can cause a driver to make mistakes or miscalculations that could cause an accident. Drivers must log their time behind the wheel and must take required rest breaks to prevent driver fatigue.

Mechanical failures can occur that create a dangerous condition for trucks on the road. When the brakes fail, or a tire blows out, it can make the truck difficult to control. Another problem can be improper load distribution or securement. The load can shift when the driver makes a sudden move, and the shift can cause the vehicle to swerve out of control. Large trucks can weigh up to 80,000 pounds when loaded, making them hard to control. Weather conditions such as fog, rain, ice, and snow can make roads slick and driving dangerous. If a driver goes too quickly in hazardous conditions, it can lead to a crash. When the driver or the trucking company was neglectful and their actions, or lack of actions, led to an accident, they could be held responsible for the damages.

If you were hurt in a truck accident, you might have compensation for your injuries. Look for an experienced attorney with a record of success in truck accident lawsuits. Who you choose to represent you does matter?  Get the best 18-wheeler accident lawyer you can find.

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Uncategorized https://www.lawterritory.com/blog/what-causes-truck-accidents/ https://www.lawterritory.com/blog/what-causes-truck-accidents/ Editor Sat, 20 Jun 2020 11:49:50 -0400
Personal Injury Lawyer Suggestions to Travel Safely from Las Vegas Airport to the Strip?

When you want to get to Las Vegas and have a good time, you need to think about how you are going to get there when you land in the plane. You need to get onto the Strip, but you cannot do that because it is quite a trek from McCarron to the best hotels and casinos in the world. You should be seeking an affordable option so that you can get there and remain safe. You also have to think about what will be safest for you based on the fact that you might like to party hard when you get to Vegas.

Rent A Car

Renting a car is a good way for you to get around the city, but you will need to find places to park. At the same time, you also have to remember that you might party very hard while you are there. You might not feel well enough to take the car back when you need to go home. You cannot drive drunk in the city, and you may have a hard time paying for parking because it can be expensive.

Uber and Lyft

If you get in an Uber or Lyft, you can be sure that there will be problems when you get in an accident. There are a lot of crazy drivers in the city, and the river of your rideshare will only have insurance for them. The corporation does not keep insurance just for you, and you might have a hard time getting compensation. At the same time, you may not feel comfortable when you get in the car because some drivers are better than others.

Taxis

You can take a taxi all over the city, and you can easily pay the fare and move on. All the drivers are certified, and you can find cabs all over the city. It all depends on what you think is best because some people prefer the taxi to a car. Some people hate hailing cabs. You need to make a choice that is right for you.

Picking the right way for you to get around Vegas is very important because there are different levels of safety depending on what is right for you. You should make sure that you have researched all these options before you decide on what you would like to do. Also make sure you bring your insurance card just in case.

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Uncategorized https://www.lawterritory.com/blog/personal-injury-lawyer-suggestions-to-travel-safely-from-las-vegas-airport-to-the-strip/ https://www.lawterritory.com/blog/personal-injury-lawyer-suggestions-to-travel-safely-from-las-vegas-airport-to-the-strip/ Editor Fri, 12 Jun 2020 11:18:05 -0400
When And How to Hire A Car Accident Lawyer? An automobile accident will give you a lot of confusion. Who pays the vehicle damage? Who gets the car? When does the insurance company get involved? With no one to tell you what to do, it's up to you to protect yourself and your loved ones by using our decision-making tips to decide the best course of action.

You need an experienced lawyer to negotiate and claim the insurance and settlement if you are a victim of the accident. Most of the car accident lawyer s  work on a contingent-fee basis, and they charge you only if they are successful in negotiating your claims. You need to barre a minimal amount to claim your insurance unless you are physically injured. If you have any severe physical damage, then hiring an expert will always helpful.

You need to understand many things before hiring the best lawyer who fits for your requirement. These are the few things you need to keep in mind before hiring an excellent attorney. First, it's important to understand the laws that govern personal injury claims in the state. The particular law you encounter may vary.Next you need to follow these tips below.

  1. Look for referrals: Check with your family and friends for references. This will help you to know someone who needs to hire an attorney. You can understand how they work for you as you have already worked with the lawyer they refer to.

  2. Consider experience: If you have a very rare car accident, you need to look for the person who deals with that specific type of accident. If you have fatal injuries or death, you need to check for the lawyer who has the right amount of experience with these kinds of incidents. Always check for an attorney who has a strong success record for their clients.

  3. Knowledge of fees: You need to understand the prices they are charging for the case. Most of the lawyers look charges a specific percentage of the payments after the settlement of the claim. When you can understand the fees, you can compare the expenses of the lawyer before hiring them. Knowing the percentage they are charging will help you figure out whether they are in your budget. This will helps you to hire the best lawyer within your budget.

  4. Ask the right questions.

The next best thing you can do before contacting a reputable attorney is to make sure you have the questions properly prepared. Make sure you get enough information before contacting an attorney to avoid any heartache. If you have any unanswered questions, just keep calling your attorney. Once you have made sure you have all of your questions answered, you should start to research who is the best accident lawyer

  1. Be Aware; Insurers Are NOT Required To Pay For Every Claim

Insurers are legally required to pay for the damage to a vehicle that results from a car accident. The reason for this is that a car accident can be categorized as a "fire, flood, windstorm, natural disaster, road hazard, or accident." That means the damages that can occur during an accident do not need to be considered "an accident" in order to receive emergency payments.

Hiring a reasonable attorney is a  tough tough task. But if you follow the above tips, you will be able to find the best lawyer for your needs.

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Uncategorized https://www.lawterritory.com/blog/when-and-how-to-hire-a-car-accident-lawyer/ https://www.lawterritory.com/blog/when-and-how-to-hire-a-car-accident-lawyer/ Editor Fri, 12 Jun 2020 00:37:11 -0400
What are the physical and mental disabilities that qualify me for Social Security Disability? If you cannot work due to a physical or mental condition, you may be entitled to disability benefits. While the Social Security Administration (SSA) maintains a list of qualifying impairments, a number of other factors are considered in a benefits claim. The best way to obtain the benefits you deserve is to work with an experienced disability lawyer.

What is the Blue Book?

The SSA’s list of qualifying impairments is referred to as the “Blue Book” (Disability Evaluation Under Social Security). The list includes disability assessments for both physical and mental conditions, as well as specific requirements indicating when an impairment is considered a disability. If your condition is listed, you generally qualify for benefits as long as you meet the other eligibility requirements.

It is important to note that you may still be eligible for benefits if your condition is not on the list, as long as the SSA determines that it is medically equivalent to a listed condition. Given the complex eligibility requirements for obtaining disability benefits, it takes a skilled disability lawyer to protect your rights.

Physical Disabilities Under the SSA Guidelines

To meet the medical eligibility requirements for disability benefits, you must have a physical impairment that is expected to last up to one year or result in death. Physical disabilities listed in the SSA’s Blue Book include the following specific body systems and impairments:

  • Musculoskeletal
  • Special senses (vision/hearing)
  • Respiratory system
  • Cardiovascular system
  • Digestive system
  • Genitourinary system
  • Hematological (blood) system
  • Skin disorders
  • Endocrine disorders
  • Multiple body system conditions
  • Neurological conditions
  • Mental impairments
  • Malignant neoplastic conditions (body system cancers)
  • Autoimmune system disorders

While the list includes impairments for each body system, it is not possible to include every condition that may qualify as a disability. For this reason, the list contains guidelines for  disability examiners to use when determining whether a claimant’s condition is considered a disability.

What other factors are involved in a disability benefits claim?

Although disability examiners use the Blue Book and the accompanying guidelines to evaluate a claim, there are a number of other factors involved in a disability determination. First, your benefits claim must be supported by objective medical evidence including records of doctor’s visits, radiological tests (e.g. X-rays, CT and MRI scans), lab tests, strength and exercise tests. In addition, examiners will also consider the extent to which your physical condition limits your daily functioning by affecting walking, bending, or lifting.

Finally, there are also technical requirements that apply to disability benefits. Under the Social Security Disability Insurance (SSDI) program, for example, you must have paid into the Social Security system and acquired enough work credits. To be eligible for Supplemental Security Income (SSI) benefits, however, you must be able to demonstrate financial need.

In any event, an experienced disability lawyer can work with you to make sure you have met all the technical and medical requirements for obtaining disability benefits.

Disability Benefits for Mental Impairments

Obtaining disability benefits for a mental illness can be challenging for a variety of reasons. In some cases, it may be difficult to evaluate the symptoms of a mental impairment. In others, the severity of a mental condition may not be fully understood. That being said, the SSA’s list of qualifying mental impairments covers:

  • Schizophrenia
  • Intellectual disorders
  • Autistic disorders
  • Anxiety
  • Depression
  • Bipolar disorder
  • Substance abuse disorders

These conditions are only some of the cognitive, emotional, and mental disorders the SSA considers to be inherently disabling; there may be other mental impairments that prevent a claimant from performing substantial gainful activity (SGA).

What factors are involved in benefit determinations for mental conditions?

In addition to relying on the Blue Book, disability examiners will look at the clinical notes of mental health professionals. The examiners will also review questionnaires that must be submitted with the application. One of these is completed by third parties, typically friends of the claimant, about the individual’s condition and day-to-day routine; another is the claimant’s activities of daily living (ADL) questionnaire.

Ultimately, the criteria for evaluating mental illness is subjective, and there are few standardized tests to assess the severity of many mental conditions. In addition, if the mental impairment does not meet the SSA’s criteria, examiners will consider other factors, such as the claimant’s mental “residual functional capacity” (RFC). This is basically an assessment of the claimant’s ability to perform the same type of work that he/she used to, or any other work. In light of these challenges, obtaining disability benefits for a mental impairment requires the advice and guidance of an experienced disability lawyer.

The Bottom Line

Despite the fact that the SSA maintains a list of physical and mental impairments that are considered disabling, there are a number of factors involved in a disability determination. By working with an experienced disability lawyer, you will have peace of mind knowing that a dedicated advocate is in your corner, fighting for the benefits you need and deserve.

Attorney Profile: Kiel Roeschke

I have focused my practice on representing and helping disabled clients obtain the benefits they deserve. My practice includes assisting individuals at all levels of the Social Security disability process, including the initial application, Administrative Law Judge hearings, and before the Appeals Council. In addition, I also represent clients in Social Security appeals before the United States Federal Courts. Throughout my career, I have successfully represented thousands of claimants before the Social Security Administration.  Simply put, Disability is what I do!

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Uncategorized https://www.lawterritory.com/blog/what-are-the-physical-and-mental-disabilities-that-qualify-me-for-social-security-disability/ https://www.lawterritory.com/blog/what-are-the-physical-and-mental-disabilities-that-qualify-me-for-social-security-disability/ Editor Fri, 22 May 2020 23:03:36 -0400
Car Accident Lawyers Handle These 5 Cases Most Often

Have you been involved in a car accident? If so, you may be dealing with a complex legal situation. Legal cases for car accidents can get messy. You want to make sure that you are either compensated for the damage or not liable for the damage that occurred. Here are some of the cases that a lawyer can help you with no matter what situation you're in.

  1. Personal Injury Lawsuits

 In a good number of car accidents, the insurance company will not provide enough of a claim to compensate for the damage. You may be dealing with serious medical bills and damage to your car that exceeds the claim amount. This is especially the case if multiple people were injured in the accident.

 You need a good car accident lawyer by your side to help you build a case against the party or parties responsible for the accident. In some cases, it may be caused by road conditions, so you may be able to pursue a case against the city.

  1. Defense Against Lawsuits

 On the flip side, you may be accused of negligence which led to the accident. You will likely need to defend yourself in court. You want a lawyer that's going to gather all of the evidence and build a strong defence against a lawsuit.

 Car accidents are also not as straightforward as things may seem, so even if you had some fault in the accident, there may have been other factors in play. With the help of a lawyer, you can mitigate part of the financial responsibility. This will put you in a better financial position than admitting full responsibility for the accident.

  1. Fighting Insurance Companies

 You have to remember that the job of the insurance companies is to offer you the smallest claim possible. In some cases, the insurance company you're with may try to refuse a claim. You will want to work with a car accident lawyer to get to the bottom of all the laws and contracts.

 A lawyer will see if there's any legal validity for why the insurance company is not paying out. In situations where the settlement offer is too low, a lawyer will help calculate all the costs caused by the accident and negotiate a fair settlement on your behalf. Many insurance companies do not want to go to court, so strong negotiation tactics will often work in your favour.

  1. Wrongful Death

 The worst-case scenario is when somebody dies as a result of the accident. In a situation like this, you want to make sure that you get the justice that you and your family deserve. You probably understand that the insurance claim will never bring back a loved one who had died in an accident.

 That's why you'll want to move forward with a lawsuit. The burden of proof is on the plaintiff. You need your lawyer to build a strong case, especially when so much is at stake. The defendant(s) will also hire competent lawyers, so you will want to hire a professional that can win your lawsuit.

  1. Pedestrian Accidents

 Accidents involving pedestrians are also common whether you were the driver or you were the pedestrian. It's important that you hire a lawyer in cases involving pedestrians. You want to prove that the other party was responsible for the accident.

 If you're the driver, you want to offer proof that the pedestrian made the mistake which had lead to the accident. If you were injured as a pedestrian, you need to come up with a strong case that proves negligence on the other party or organization. These cases are difficult to deal with because sometimes it's a "he said, she said" situation.

 These are the five cases that car accident lawyers deal with the most. If you're dealing with any of these scenarios, you'll want to hire a lawyer to fight for you. Don't accept the situation you're in or wait until the last minute. You want to make sure that you're compensated for the damage that you've incurred.

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Uncategorized https://www.lawterritory.com/blog/car-accident-lawyers-handle-these-5-cases-most-often/ https://www.lawterritory.com/blog/car-accident-lawyers-handle-these-5-cases-most-often/ Editor Fri, 22 May 2020 00:30:59 -0400
How to Find a DUI Lawyer

Dealing with a DUI charge may feel like the odds are against you. The reality is that there is a good chance that you can successfully fight the charge or at least lessen the charge. But to make this happen you need a good lawyer that has experience with DUI cases and is going to fight for you. Here are some things you want to do to find a good lawyer:

  1. Go with Lawyers that Specialize in DUIs

 It's always a good idea to go with a DUI lawyer than a normal defence attorney. A lawyer that specializes in dealing with DUI cases knows about all the legal implications of these cases. They know how to mount a strong defence even when it seems like the situation doesn't seem to be in your favour.

 And of course, they have the essential experience. They've worked with hundreds of clients and have many winning cases under their belts. They know when to either take a plea, fight for a lesser charge, or go for defence.

  1. Talk to Several Lawyers

 It's always a good idea to talk to as many lawyers as possible. Don't stop just because you think you've found your attorney in the first few calls. You want to get an understanding of which lawyer is going to fight for you rather than treat your case as another job. At the same time, you want to make sure that the lawyers are realistic about what can be done for you.

  1. Pay Attention to How the Lawyer Treats You

 A good lawyer will ensure that they keep the lines of communication open. They'll explain all the legal details, pay attention to your specific situation, and make sure you understand what's going to happen every step of the way. What you don't want is to deal with a lawyer that tries to tell you that all you need to do is follow what they tell you to do to win the case.

  1. Go with a Local Lawyer

 It's a good idea to go with a local DUI lawyer for your DUI case. The reason why is because the lawyers in the area know how the court system works. They know the judge and the prosecutors that frequently work in the courts.

 This means they'll have a good understanding of how the prosecution will proceed with their case. As a result, they can mount a better defence than a lawyer that hasn't worked in the local courts. Of course, even if the lawyer isn't from the area, it will be beneficial if they've been to the court where your case is going to be held.

  1. Make Sure the Lawyer is Upfront About Legal Costs

 An ethical lawyer will be upfront about the legal costs of fighting your case. You do not want to deal with outrageous charges because the case went to trial and the lawyer had to fight on your behalf. Make sure that everything is in writing and there is a clear understanding of what the rates are based on how the case proceeds.

  1. Hire Early

 Don't wait until the minute to hire your lawyer. You need some time to come up with a strong defence strategy. You want to get a better understanding of what your options are and make the best decision. The lawyer cannot perform at the highest level if you give them a limited amount of time. Make sure you hire a lawyer as early as possible to give yourself a better chance of dealing with the case.

 These are just some of the things you'll want to do to hire a good DUI lawyer. While the situation may seem dire, you have to consider the fact the consequences of a DUI charge can be very damaging. You don't want to leave things to chance. You want a good lawyer by your side that's going to help you win your case or mitigate the damage that's going to be done.

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Uncategorized https://www.lawterritory.com/blog/how-to-find-a-dui-lawyer/ https://www.lawterritory.com/blog/how-to-find-a-dui-lawyer/ Editor Fri, 15 May 2020 02:05:59 -0400
Medical Malpractice 101: What to Look Out For When a loved one is in the hospital or on life support, often the last thing on your mind is to distrust the physicians and caretakers that are responsible for their care. Even worse, when it’s your own illness that you’re dealing with, you want to trust those who are charged with healing you. However, even in a noble pursuit like medicine, there are bad apples in the bunch whose negligence and irresponsibility can cause devastating injuries or even death to their patients.

If you’re not a medical expert, it can be difficult to discern whether you or a loved one’s injuries or pain are due to negligence--and that shouldn’t be your job. But if you suspect that the doctors and nurses who you trust to heal you or your relatives have in fact done an injustice against your family, you should know the legal ramifications of medical malpractice. There’s no reason to feel like you’re alone when there are many attorneys out there who want to help you and your family to return to normalcy.

Medical malpractice can be hard to recognize, but pain and suffering for months after a surgical procedure is not normal. Get in contact with a lawyer if you suspect any harm has been done due to the irresponsibility of a medical provider.

Signs of Medical Malpractice

In order to prove medical malpractice, there are a few things that need to be demonstrated in a court of law. The attorney must prove, beyond a reasonable doubt, that the provider had a duty to care for the patient, that they were negligent of that duty under certain standards of care, and that this negligence caused harm to the patient, such as lasting injuries or even death.

From a layperson’s standpoint, it can be hard to tell if malpractice has been committed. Here a few signs to look out for.

  • Treatment Doesn’t Work or Help Symptoms

If you’ve been diagnosed with an illness and put on a treatment plan, you would obviously expect that you would begin to feel better and your symptoms would be reduced. One common issue, however, is often misdiagnosis, which can have extraordinary consequences if you decide to go under the knife to have surgical treatment. When treatment doesn’t work, you may be a victim of medical malpractice.

  • No Informed Consent

Sometimes, when doctors perform surgery to correct an issue, they may see something else that needs to be addressed. Some doctors will take the initiative and correct the problem, but this is an issue because any procedure requires informed consent. If consent is not given to perform the procedure, then the surgeon is not allowed. In cases where harm is caused due to lack of informed consent, medical malpractice may have been committed. 

  • Surgical Injuries

It’s common to not feel like yourself after surgery, but when healing is delayed to the point that it causes real issues in your life, a surgical injury may be the cause. If these go untreated, they could have damaging consequences and cause even worse injuries than the surgery was meant to correct. Dealing with pain and suffering for years after surgery isn’t normal--this is another sign of medical malpractice.

What to Do If You Suspect Malpractice

If you suspect that a doctor or medical provider has been negligent in their care for you or a loved one, do not hesitate a moment. There may be something seriously wrong that can be corrected if it is brought to another provider’s attention, but even if it is not an emergency, those who have wronged your or your family deserve to be brought to justice. 

Although it may not always be easy to prove a medical malpractice claim, a seasoned attorney will work their hardest to ensure that you and your loved ones are taken care of during this hard time. 

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Uncategorized https://www.lawterritory.com/blog/medical-malpractice-101-what-to-look-out-for/ https://www.lawterritory.com/blog/medical-malpractice-101-what-to-look-out-for/ Editor Wed, 06 May 2020 06:14:19 -0400
Common Misconceptions About Private Investigators

When you think of a private investigator, what’s the first thing that pops into your mind? If you’re like most people, it probably has something to do with the way the profession’s been portrayed on popular television shows over the years.

But regardless of what you see in the media, private investigators don’t normally spend their days engaging in high speed car chases, having shootouts with the bad guys or jumping off of tall buildings in pursuit of a suspect.

These are a few of the many myths and misconceptions surrounding the world of private investigation, and we thought we’d debunk a few of the other ones here today. Matthew Garcia, working for ACES Private Investigations of Tampa breaks down the most common client issues and questions that arise during an investigation.  

Misconception #1 – Private Investigators Can Break the Law

That is a hard no in every conceivable way. Private investigators can no more break the law than you or I can; in fact, they’re ethically prohibited from doing so.

So if a private investigator is on the job and speeding down the highway, he’s just as likely to get a ticket as anyone else is.

This misconception pertains to all laws, but we’ll discuss a couple of specific examples later on in this article.

Misconception #2 – Private Investigators Can Make Arrests

Another myth that you’ve probably seen on television concerns private investigators making arrests and hauling the bad guys off to jail. Forget what you’ve seen, as this doesn’t happen.

Private investigators can report crimes to the proper authorities, just like anyone else, and by the very nature of their work may witness more crimes than most. But they cannot physically arrest anyone for any reason, unless it’s a citizen’s arrest that anyone can make.

But citizen’s arrests are extremely rare for a reason, and that’s because it’s a very dangerous undertaking for someone to engage in.

Private investigators are, as the name implies, investigators. They are not officers of the law. Some also tend to provide bodyguard services and also event security which has its own do's and don'ts

Misconception #3 – Private Investigators Can Wiretap Phones

If a private investigator enters someone’s home and wiretaps their phone, he or she is actually guilty of committing two crimes – the actual wiretapping, as well as breaking and entering.

If the investigator is caught, he will be arrested and prosecuted. And if he isn’t caught, any evidence gathered by use of an illegal wiretap will not be admissible in court anyway.

Misconception #4 – Private Investigators Can Record Private Conversations

Whether on a telephone, while riding in a car, in a restaurant or any other conceivable situation, private investigators cannot legally record someone without their consent, at least in most states.

That being said, there are some states where this can be done legally provided one party is aware of the recording being made. But this is only in a handful of states, so most private investigators will not engage in this sort of activity.

Private investigators can take detailed notes while listening in on a conversation, however, as long as this isn’t being done via an illegal wiretap.

Misconception #5 – Private Investigators Can Access Private Information

Private investigators have a reputation for making very good use of information that’s available online. But these are public documents that anyone can access, if you know where to look.

In contrast, private investigators cannot access private or confidential information like bank records, government records and several others.

Private investigators do often have relationships with law enforcement officials, however, that can help them access information that you can’t always find on your own.

But these are documents that are in the public record. Accessing private information without the consent of the other party is illegal for everyone, and this includes private investigators.

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Uncategorized https://www.lawterritory.com/blog/common-misconceptions-about-private-investigators/ https://www.lawterritory.com/blog/common-misconceptions-about-private-investigators/ Editor Wed, 08 Apr 2020 08:11:18 -0400
Leading Causes of Road Crashes and How to Prevent Them Car accidents are regrettably quite common these days and the majority of them are often caused by human error. Although some are pretty minor, thousands of people lose their lives each year due to these terrible road crashes. To avoid risking your life while driving, it is important to drive in a careful and safe manner and adhere to all traffic rules. But just because you are extra cautious doesn’t mean you can be sure every other driver on the road will act appropriately. Most car accidents arise due to several factors. Here are some of the common causes!

Distracted Driving

Distractions are very common while driving and they are a major contributing factor in car accidents. Nowadays, drivers are equipped with all sorts of handheld electronic devices – smartphones for instance – raising concerns of distracted driving. You should pay attention by keeping your eyes on the road while driving. Avoid texting, calling, reading, grooming, or eating and talking while behind the wheel.

Alcohol and Drug Impairment

Despite numerous concerted efforts by authorities and other relevant institutions to eradicate drunk driving, car crashes related to alcohol and drug impairment continue to be quite prevalent. To make matters worse, drunk driving and driving while under the influence of drugs often result in some of the most horrific and deadly car crashes. In case you’ve had something to drink, it is advisable to take a taxi or have a sober person drive you home. It is never worth the risk.

Over-speeding

Although it is very tempting and thrilling to push your car to the limits when running late or in a hurry, over-speeding is among the leading and most common causes of road carnage. You should always resist this urge to push the speed limit and ensure you always drive within the stipulated speed limits.

Rain

While it’s not always easy to avoid driving in the rain, you should be extra cautious of the slippery and treacherous road conditions caused by a heavy downpour. Unless it is absolutely necessary and you can’t help it, you should try to avoid driving when it’s raining heavily. If the roads seem especially sleek or visibility is too poor for driving, just pull over and wait until the storm has dissipated to proceed with your journey.

Reckless Driving

This is another common cause of road accidents resulting from human error or even stupidity. Speeding way over the limit, changing lanes hastily and haphazardly, and acting aggressively while behind the wheel often leads to horrible crashes. It is important to remain calm and take your time while driving to avoid needless accidents that are usually caused by sheer recklessness.

Just because you are exercising the utmost care and adhering to all traffic rules to the letter doesn’t mean all the other drivers on the road are doing the same thing. In case you are in a car crash and you are not at fault, you should not be held liable for any damages caused by the mistakes or ignorance of the other driver. In such cases, consider protecting yourself by hiring a Fort Worth car accident attorney to file a car accident claim on your behalf. 

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Uncategorized https://www.lawterritory.com/blog/leading-causes-of-road-crashes-and-how-to-prevent-them/ https://www.lawterritory.com/blog/leading-causes-of-road-crashes-and-how-to-prevent-them/ Editor Mon, 09 Mar 2020 02:46:36 -0400
Can Undocumented Persons File a Motorcycle Accident Claim? When a U.S citizen is injured in a motorcycle accident, they are usually pretty confident that they can consult with an attorney to ensure that they are fairly compensated by the negligent party and their insurance company for an accident that was not their fault.

However, when undocumented immigrants are accident victims, they may not be as confident that they can seek justice in taking legal action. There is a very real fear of reprisal or fear of being discovered, even seeking medical attention or speaking with the officer on the scene of the accident can be daunting and stressful. In these situations, it is best to have a knowledgeable motorcycle accident attorney by your side who can help with expert legal advice.

The laws surrounding undocumented immigrants can often be unclear and confusing. Many undocumented immigrants may not reach out for legal help to take action because there is always the fear that a lawsuit could lead to problems, and possibly deportation.

What to Do If You Experience a Motorcycle Accident

The first thing you will want to do is get to a place of safety. Ask and seek immediate medical assistance. Provide your view of the facts surrounding the accident and get contact information from any witnesses, if possible. From a place of safety, take pictures of the scene, the roadway, other vehicles involved, and your motorcycle.

Do not take on any fault for the accident and do not provide any statements to any insurance representatives before speaking with an attorney.

Make no assumptions when speaking with the officer on the scene and speak with your attorney as soon as possible.

Undocumented Immigrants and Motorcycle Accident Claims

In 2016, the state of California ruled that courts are not allowed to ask about a plaintiff’s immigration status, and it further states that defendants are not allowed to find out the immigration status of an accident victim. If you are in a situation where the defendant and their legal team are trying to harass you in any way due to your immigration status, immediately report them to your accident lawyer.

Another positive aspect of the 2016 California law is that lost wages for undocumented immigrants are calculated based on the amount of money earned in the United States if you had not been injured.

What Will Happen If You Do Not File a Motorcycle Accident Claim?

If you are nervous about your immigration status, you may decide not to make waves at all and avoid filing a claim. While it is a personal decision to file a motorcycle accident claim, ultimately, you have the power to decide which course of action to take.

The only problem with deciding not to file a motorcycle accident claim is that you may end up with bigger problems by not taking action. You could incur problems with having to get costly medical care, medical expenses that pile up, you may be unable to work and need financial help.

Finally, the statute of limitations in the state of California for motorcycle injury claims is two years, and only six months to sue a public entity like the insurance company, and there may be other limitations or time frames. So, it is best to speak with an attorney to ensure you don’t fall victim to any of the laws technical aspects.

What to Consider Before Filing a Motorcycle Accident Claim

Your compensation from your motorcycle accident claim could depend on many different factors. One factor will be the severity of your injuries, and if you received only minor injuries in your accident, you might not need to file a claim at all.

Another possible issue to consider is that it might not be worth filing a claim if you feel as if you were partially at fault for the accident. It’s important to consult your lawyer to determine if you have a strong case against the negligent driver.

Getting Legal Advice and the Legal Process for a Motorcycle Accident Claim

Undocumented immigrants absolutely have the right to file a motorcycle accident claim if injured in an accident.

After filing a lawsuit in most counties in California, courts set trial dates from one year to a year and six months out into the future. In many cases, there is a possibility that your case can be settled before it goes to trial.

Cases go through phases ranging from the discovery phase to deposition, expert witness and analysis, negotiating settlements, and preparation for trial. Your best ally is an experienced motorcycle accident lawyer.

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Uncategorized https://www.lawterritory.com/blog/can-undocumented-persons-file-a-motorcycle-accident-claim/ https://www.lawterritory.com/blog/can-undocumented-persons-file-a-motorcycle-accident-claim/ Editor Wed, 26 Feb 2020 21:39:54 -0500
The Most Common Cause of Motorcycle Accidents There are more than 8.7 million registered motorcycles in the United States, and these smaller vehicles are a common sight on residential roads and highways alike. While motorcyclists enjoy many benefits of their bikes - such as enjoying the weather, convenience, and economic savings - there are also serious risks of accidents and injuries. Over 89,000 motorcyclists report injuries in crashes each year, and about 5,100 motorcyclists are killed on the road. 

In order to stay safe, it is important to stay aware of the most common cause of motorcycle accidents, which is other drivers on the road. The majority of motorcycle crashes happen when another driver collides with a motorcycle, often causing serious injuries. 

What to Do After a Motorcycle Crash

No matter what caused your motorcycle accident, there are steps you can take to ensure you receive compensation if someone else caused the crash. While a crash scene can be chaotic, remember to stay calm and do the following, if you are able:

  • Call 911
  • Allow first responders to examine you and follow recommendations for emergency transportation
  • Speak with law enforcement officers and get contact information from witnesses
  • Seek a medical evaluation even if you did not require an ambulance ride
  • Consult with an experienced motorcycle accident lawyer about your rights as soon as possible

Driver Negligence

Well over half of motorcycle accidents involved a collision with a motor vehicle. There are many different reasons why drivers might crash into a motorcyclist, including the following:

  • Distracted driving - Motorcycles are more difficult to notice on the road, as drivers are generally keeping their eyes out for larger vehicles. When a driver is distracted in any way, the chances lessen that they will notice a motorcyclist. Distracted driving has become an epidemic, and it has made the roads less safe for motorcyclists.
  • Speeding - There is no question that many drivers are in a hurry. One way that drivers try to get to a destination faster is by exceeding the posted speed limit or driving too fast for traffic or weather conditions. When a driver is speeding, it is much more likely they might lose control and more difficult to avoid crashing into a motorcyclist.
  • Failing to yield - Motorcyclists are allowed to share the road with larger vehicles, and drivers must yield to motorcycles just as they would yield to other drivers. Often, drivers fail to yield to motorcycles when changing lanes, merging, making left turns, and more, which can result in collisions. 
  • Impaired driving - Driving under the influence of alcohol or drugs is dangerous for all motorists on the road, and motorcyclists are certainly no exception. Impaired drivers are less likely to stay focused on the road and notice motorcyclists in their path. 
  • Aggressive driving - Some drivers are simply impatient, and they allow their impatience to escalate into aggressive driving. All aggressive driving behaviors are dangerous for motorcyclists, including excessive speeding, cutting off a motorcycle, tailgating, threatening a motorcyclist, and more.

These are only some of the many types of driver negligence that can cause collisions and devastating injuries to motorcyclists. 

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Uncategorized https://www.lawterritory.com/blog/the-most-common-cause-of-motorcycle-accidents/ https://www.lawterritory.com/blog/the-most-common-cause-of-motorcycle-accidents/ Editor Tue, 25 Feb 2020 23:51:16 -0500
Can employers force you to choose Medicare Americans are living longer than ever, with a life expectancy of nearly 80 years. Because people are growing older, but remaining healthy, 65 is the new 45, according to Wes Moss. Baby boomers are finding themselves willing and able to work well past their Medicare age. This poses the question, “Can employers force you to choose Medicare?”

With Medicare, the answer usually isn’t cut and dried. Even the short answer to this question leaves you wondering. The short answer is: it depends. It depends on factors such as if you’re actively working and how big your employer is.

With that said, the answer is usually no, your employer can’t force you to choose Medicare. Let us explain.

Active, large employer coverage

Legally, employers of any size cannot force you onto Medicare and off of their health insurance if you are actively working. This is especially true with employers who employ 20 or more employees. Large employer health coverage is primary coverage, while Medicare is secondary. Therefore, as long as you are currently working for your employer, they must allow you to keep their coverage even past Medicare age.

Because Medicare pays secondary to large employer coverage, you can delay Medicare enrollment until you lose said coverage. This allows you to save money on Medicare premiums while you’re still eligible for your employer’s coverage.

However, Medicare Part A costs most people nothing at 65, and therefore, can be added on without any extra money upfront. On the other hand, if you plan to contribute to a health savings account, delay all parts of Medicare as contributing to a health savings account while on Medicare is illegal.

Eligible spouses

The same rules apply for Medicare-eligible spouses of active workers. If your spouse is eligible for Medicare and on your employer’s health coverage, and you are actively working, the employer cannot force your spouse to choose Medicare at 65.

Active, small employer coverage

If you are actively working for a small employer, the employer can’t drop you from their coverage once you become eligible for Medicare. However, because small employer coverage pays secondary to Medicare, you need to enroll in Medicare Part A and Part B.

If you fail to enroll in Part A and Part B at 65 while on small employer coverage, your employer coverage won’t pay anything as Medicare should pay first.

Also, not enrolling when you’re first eligible, even with small employer coverage, means late penalties in your future. For example, for every year you go past 65 without Part B, you gain a 10% late penalty that will be added to your premium once you finally enroll. Remember, this isn’t the case for people actively working with large employer coverage since large employer coverage is primary to Medicare.

Retiree coverage

Retiree coverage is a whole different ball game in this scenario. If you are retired and have your former employer’s retiree coverage, regardless of the size of the employer, the employer can force you onto Medicare and off of their coverage at 65. The difference between the two types of coverages above and retiree coverage is the fact that you aren’t actively working. Because you aren’t an active employee, the employer is not required to offer your health insurance.

Retiree coverage is similar to small employer coverage in the way that it pays secondary to Medicare. So, if your former employer allows you to keep your retiree coverage past 65, then you will still need to enroll in at least Part A and Part B. Failing to do so will cause you to gain late penalties and risk not being covered.

In most cases, employers cannot force you to choose Medicare at 65. However, there are situations where enrolling in Medicare is necessary. If you are unsure of your employer’s size and/or rules, contact your employer’s HR department before your Initial Enrollment Period for Medicare is over.

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

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Uncategorized https://www.lawterritory.com/blog/can-employers-force-you-to-choose-medicare/ https://www.lawterritory.com/blog/can-employers-force-you-to-choose-medicare/ Editor Sun, 23 Feb 2020 08:01:12 -0500
Do I Have to Pay for That? Child Support in Illinois. In Illinois, child support is calculated based on both parent’s income. Once an amount is determined, the non-custodial parent must pay that amount to the custodial parent on an arranged basis. The court orders child support and has the ability to deduct the amount from the non-custodial parent’s paycheck.  This method is usually preferred as the parents do not have to communicate.  Child support payments are paid into a disbursement center and then sent to the custodial parent.

Child support is not tax deductible for the non-custodial parent, and the primary custodial parent does not pay tax on the child support they receive.

It is important to realize that the custodial parent does not have to provide an accounting of how the child support is spent.  The non-custodial parent is not entitled to a list of items the money is spent on each payment period.  Essentially, the custodial parent can do what they wish with the money received.  If a non-custodial parent feels as if they are being taken advantage of, the non-custodial parent can file a motion to modify the support.

Ideally, Child Support Covers the Essentials…

When thinking of child support, the first things to come to mind are food, clothing, and shelter.  However, there is a large misconception on the costs of these very few things, to which there are many more necessary items that children need.  Just take a moment and think about how much it costs for you to eat each month.  On average, it costs around $250 to feed a child a month.  This is in addition to clothing costs and the average cost of rent. Of course, you would need to account for house hold utilities and travel.  Most other costs, such as school related and health care expenses are split between both parents.  These costs are generally divided evenly where the parents have come to an agreement. 

It is also important to consider the standard of living at each of the parent’s homes, and provide for comparable environments for your child.  Parents need to take into consideration what the child is accustom to when spending time with either parent and try to make the experiences as similar as possible for easy transitions.  In doing this, parents may agree to share expenditure information so that costs may be divided and reimbursed if need be.  This can be done by way of tracking costs, keeping receipts or simply sharing each time an expenditure arises.   While there are many methods that may be used, it is fairly easy to say that tracking costs allows for better budgeting and provides proof in financial disputes.  

Daycare Expenses

Day care, much like school related expenses, is shared between both parents.  This cost is not calculated in child support.  Day care can cost as much a year’s worth of college tuition.  It is crippling for many.  It is favorable that both parents are working, as it is in the best interest of the child.  Therefore, neither parent can request that the court order a parent to stay at home with the child.  Unless someone volunteers to be a stay at home parent or a grandparent volunteers to stay with the children, both parents will carry the cost for daycare.  Parents are expected to communicate and choose a day care facility that fits their needs and is financially feasible. If at any time either parent has difficulty paying day care costs, that parent can ask the court to order that the child go to a less expensive day care.  That petitioning parent must locate the new day care.

College

Many believe that child support ends when the child turns 18 or on the day of child’s high school graduation.  However, a parent’s financial obligation continues if your child goes to college.  Many parents try to plan ahead and save for their child’s college education by way of 529 saving plans and other saving measures.  While it is impossible to know if your child will go to college, it is smart to plan ahead if possible.  Saving plans used by either parent will suffice as their contribution towards college costs.

If you have questions about child support in Illinois, contact a Chicago family law attorney  to speak with an experienced Illinois divorce lawyer.

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Uncategorized https://www.lawterritory.com/blog/do-i-have-to-pay-for-that-child-support-in-illinois/ https://www.lawterritory.com/blog/do-i-have-to-pay-for-that-child-support-in-illinois/ Editor Sat, 01 Feb 2020 22:16:41 -0500
Workers’ Comp: How to Identify If Your Employer Is Retaliating Against You? In California, as in most states, it is illegal for your employer to discriminate you on the sole basis that you had filed for worker’s compensation benefits. In other words, your employer cannot fire, threaten to fire, discipline or perform discriminatory acts (such as cutting hours or wages) against you for the sole basis that you had filed for workers’ comp claims.

However, it is still legal for them to do all the listed above you – fire you, discipline you, threaten or inform that they will fire you, etc. – if they have legitimate business or economic reasons to do so. For instance, if the company you’re working for is losing money, they’ll be forced to lay you off some of their employees – regardless if one filed for workers’ compensation or not.

In other words, workers’ compensation does not safeguard you from these decisions – only that, they should not be done for the sole basis that you have filed for workers’ compensation.

And this is where the tricky question begin: how will you know if his/her decisions against you are based on legitimate business reasons or because you filed for workers’ comp? This is not an easy question to answer, but we will give you pointers to know on whether or not you’re being discriminated against.

Did your boss fired you after you filed for workers’ compensation?

This is perhaps the most common pointer when considering if you are being discriminated against at, at your workplace. If you are fired after you filed for workers’ compensation, then chances are, your worker’s comp is the reason behind you’re fired.

However, this isn’t always the case – it is possible that your employer decided against you for his/her business just after you filed for workers’ compensation.

Observe your co-workers if they got the same decision (getting fired, cutting hours) as you

For instance, if your hours or wage is cut after you filed for workers’ comp, observe and ask your co-workers if their hours and/or wage is cut, too.

If you seem to be the only person who had a decreased hour or wages, chances are, this is because you filed for workers’ comp – an illegal move from your employer.

However, if some or many of your co-workers faced the same action, then maybe it’s purely a business- or economic-based decision.

Considering your co-workers’ situation is also helpful when assessing your employer’s decisions against you.

Did I do anything wrong?

Perhaps, we can simplify your assessment by simply asking yourself if there is any legitimate reason your employer decided against you.

Are you performing poorly over a certain period of time? Do you miss any work days? Have you been reported for violating company policies lately?

If your answer to one of these questions is “Yes”, then maybe, your employer does have a legitimate reason behind his decisions. However, if you are performing well, then maybe, your employer does not have any legitimate reason at all.

Ask your employer

When all else fails, simply ask your employer. But don’t ask him on whether he fired you (or other discriminatory acts) because you filed for workers’ comp. Simply ask him if you did anything wrong for him to make a decision against you.

Conclusion

One thing should be clear: your employer (and their insurance company) will never admit that they fired you because you filed for workers’ compensation, regardless of the truth. After all, this is illegal – hence, it will be costly for them to do so.

If you are concerned over your employer’s decision, having a great workers’ comp lawyer help you in your case. Tell your concerns to him/her and he/she will give you advice on your case.

LG Law Offices houses the best workers compensation lawyers that will help you to win your case. For more information, you may visit their website.

If you need more information about, visit LegalFacts.org – they publish great articles about our laws and regulations.

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Uncategorized https://www.lawterritory.com/blog/workers-comp-how-to-identify-if-your-employer-is-retaliating-against-you/ https://www.lawterritory.com/blog/workers-comp-how-to-identify-if-your-employer-is-retaliating-against-you/ Editor Mon, 20 Jan 2020 23:07:25 -0500
How You Can Pick The Right Personal Injury Legal Representation Being injured by the fault of negligence of another person is an extremely frustrating position to be in. These injuries not only can impact your quality of life but it can also derail your professional career. Failure to file a lawsuit can leave you financially responsible for things like medical procedures or physical therapy to help rehab an injury. Permanent impacts of an injury can occur and can prevent you from doing something you love like running or riding a bike. Picking the right law firm to represent you in the personal injury case can allow you to get the compensation that you truly deserve. The following are tips to help you pick the right firm for your particular case as well as what to look for in a personal injury attorney.

Ask For Case Results Similar To Your Accident

Case results that the firm has won that are very similar to yours should be requested. A firm that is proud of the work that they have done for clients like you have nothing to hide. Each case is different but a firm that has been around for years will have similar injuries as well as levels of negligence. Bringing in medical information and notes from therapists/doctors can help the firm get a better idea of the case that they would make.

Ask About Cases Taken To Trial

Not all cases end with a settlement as insurance companies might opt to go to trial if they believe they can win. You might want to go to trial as you feel like you will win the verdict and the offer was not nearly enough. There are law firms that avoid trial due to lack of experience as they would rather settle to collect their fee. You might have to go to trial so you want an experienced trial lawyer representing your case.

Look For An Established Attorney In The Local Area

Finding the top Injury Lawyer San Antonio will take research to see which firms are the most established in a local area. The right attorney can lead an insurance company to settle quickly for a fair amount instead of dealing with what a trial brings. You want legal representation that demands respect and has a working relationship with the legal representation the insurance company has working the case. An attorney with very little experience in the area could have a far tougher time getting a settlement that is fair. Taking an insurance company to trial without the financial means can lead a lawyer to drop a case.

Ask About Experts They Have At Their Disposal

Experts that can help prove a case like that of an expert in kinetics analyzing an accident can be a huge help. Not just experts on the accident itself but also experts on the injuries that you have sustained can be essential in receiving fair compensation. Firms that work all kinds of cases will have a rolodex of experts that they can call upon if they find it necessary. Insurance companies do not want to pay out money for car accidents so they will try nearly anything to prove you were careless in one way or another.

Picking the right representation for your personal injury case needs to be done with care. Keep the above tips in mind as they could mean a huge difference in the compensation you receive.

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Uncategorized https://www.lawterritory.com/blog/how-you-can-pick-the-right-personal-injury-legal-representation/ https://www.lawterritory.com/blog/how-you-can-pick-the-right-personal-injury-legal-representation/ Editor Tue, 14 Jan 2020 22:34:01 -0500
DUI Cases: The Key To Winning At Court Being charged with a DUI can be devastating towards every aspect of your life. You can lose your job, your ability to drive, and many other freedoms we enjoy every day. 

A lot of social consequences come with a DUI conviction, as well. For example, a DUI can ruin a relationship between spouses. It’s nice to think those closest to you will forgive you for your mistake, but that’s not always the case. As long as people know, you will be marked as a person who makes poor decisions. 

For these reasons, it’s important to build a strong case against a DUI conviction so you can keep your life on track.

Here’s how we do it:

DON’T Represent Yourself In Court

Because of the cost of hiring an attorney, you may be tempted to represent yourself in court. Because of everything you stand is to lose when convicted of a DUI, we recommend against this. An attorney who’s experienced representing DUI offenses is crucial. They’ll know how the local police and prosecutors operate and the exact defenses that can be applied to your case. Representing yourself in court can easily turn a bad situation into an even worse one.

Record & Track Everything 

As soon as you can after being arrested, write down everything you can recall from the time you were stopped up until the present moment.

The passage of time and the pressure of facing your accusers, a prosecutor, and judge in court can cause your memory to fog up.

No detail is unimportant. Even if you think something may not matter, it may be just what your DUI attorney needs to make a strong case.

At court, the arresting officers and prosecutor will present their version of the events. Having the facts and your side of the story straight can make a big difference.

Question Reliability of Breathalyzers & Police

If you were performed field sobriety tests like the breathalyzer test, nystagmus test, or the walk and turn test, there are many questions that can be asked of the arresting officer.

For example:

  1. Were the tests justified in the first placed? Examples of justified stops are speeding, driving unusually slow, crossing lines, or failure to stop at lights. If the stop was not considered legal, the court might actually throw out the case.
  2. Were they properly explained and assessed?
  3. Was the officer properly trained to administer and evaluate the test results in order to properly identify drunk driving?
  4. Did the arresting officer Mirandize you after deciding to arrest you? You must be informed that you have the right to remain silent, that anything you say or do can be used against you, and you have the right to an attorney.
  5. Were the tests at the stop and/or at the police station administered on properly maintained machines that give accurate and reliable data?
  6. Can the prosecutors prove you violated every element of your state’s
  7.  DUI law beyond a reasonable doubt?

It’s the job of an experienced attorney to understand all of the factors at play in your case. 

How An Attorney Can Help

If you are charged with a DUI, the best thing you can do for yourself is to contact an experienced DUI attorney. An experienced attorney will know the local judges and prosecutors and understand how to navigate the courtroom.

If you fail to understand how to present yourself favorably in court before a judge, you can get hit with harsher fines, higher costs, and longer probationary periods.

To take care of all of these aspects, you’ll need a strong Grand Rapids Criminal Defense Attorney to help you get a favorable result. You’ll know you picked the right lawyer when they can prove to you they’re well versed in DUI law AND is capable of presenting arguments in the courtroom.

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Uncategorized https://www.lawterritory.com/blog/winning-dui-case-at-court/ https://www.lawterritory.com/blog/winning-dui-case-at-court/ Editor Tue, 10 Dec 2019 22:24:35 -0500
5 Tips to Choosing an Immigration Lawyer

If you are looking to emigrate to the USA you need a capable immigration lawyer, one that knows the law inside out and who will be able to help you with all your questions. There are certain things you should consider when choosing an immigration lawyer – make sure they are experts in this field is the first and most pertinent point – so here are our 5 tips on how to choose an immigration lawyer who will help you be successful in your move.

Don’t Just Go for the Cheapest

It’s tempting to talk to a few immigration lawyers and choose the one who offers you the cheapest rate. This isn’t the way to go. That lawyer may be the best choice, but until you have checked out prior experience and success rates, and got an idea of their reputation not just as a lawyer but as an immigration lawyer, you’re not ready to make that choice. After all, this is one of the most important factors in your life, so you want someone who will work hard for you.

Get a Referral

If you know of someone who has gained their green card, or you know of someone who knows of someone – if you get what we mean – then talk to them. Even in the age of digital communication, and where we have everything at our fingertips, word of mouth can be the best way of finding an immigration lawyer with the right credentials. Ask your friends to ask their friends, and you’ll find someone who has been through the process.

Now Get References

So you’ve got a referral; now is the time to talk to the lawyer and ask for references. There should be no hesitation in he or she putting you on to former clients that they have dealt with, and they should be more than happy to be open and honest about their successes and failures. Don’t move forward until you have references in your hand, and have read them carefully.

Now Talk Money

If you are satisfied with the references, have talked to the lawyer concerned and believe they will be able to do the job for you, it’s time to talk about rates. The lawyer will likely have a set rate; the norm is that they will have a cost per hour, but you might want to try and get a set fee for the procedure. Try and pin them down to either a maximum cost, or maximum hours, to keep your expenses down.

Build a Relationship

Once you have a good lawyer, one you trust and get on with in business matters, you need to keep them on your side. You will need them for further legal processes – for example, becoming a US citizen – and having the same person throughout is a bonus, so nurture your relationship as best you can.

That’s a few of the major points you need to think about, so start by asking around your friends and family, and take it from there.

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Uncategorized https://www.lawterritory.com/blog/5-tips-to-choosing-an-immigration-lawyer/ https://www.lawterritory.com/blog/5-tips-to-choosing-an-immigration-lawyer/ Editor Sun, 08 Dec 2019 21:25:19 -0500
Employers and Workers’ Comp Claims. Workers’ compensation, there is a pretty good chance you have heard of it. It’s a system where an employer purchases workers’ compensation insurance so that if their employees get hurt while on the job the employees are taken care of and the employer doesn’t have to pay their bills directly out of pocket.

So why then would an employer be against an employee filing workers’ comp?

One reason an employer might not want you to file a workers’ comp claim is if they are not carrying a workers’ compensation insurance policy. If this is the case then your benefits might be paid from a special fund by the state and then charged back to the employer. This also opens up the employer to be sued by the employee.

A more common reason is that employers are worried that their workers comp insurance premium will increase. Premium amounts can be directly affected when injured workers file for benefits. How that basically works is that insurance companies have people with calculators and spreadsheets estimating the possibility of someone getting hurt at a particular business. If or when that amount of people exceeds what they estimated premiums go up.

It’s not just the estimated amount of people the insurance companies figure out, it’s also the severity of the injuries. If someone has an injury but it happened to take longer to recover or they needed multiple surgeries and the injury becomes more expensive than the insurance company thought, they then raise the premium as well.

Employers and Insurance Companies

Because their money is at stake, employers and insurance companies hire investigators and independent medical examiners to keep tabs on the injured worker who filed workers’ comp. It’s unfortunate but some employers will refuse to believe the injuries were work related or if the injury was ever valid, which is called employer bias.

Can employers or insurance companies deny my claim?

It’s unfortunate if it happens, but yes, your employer and their insurance company may try and deny your claim. If your employer or its insurance company denies your claim, or any part of it, it should inform you in writing. Typical reasons given for denying a claim are:

  • You didn't suffer a serious injury.
  • Your injury didn't take place during work, or within the scope of employment.
  • You don't need medical treatment for your injury.
  • You don't need time off work for your injury.

It’s not over yet

If you received notice that your claim has been denied, it’s time to fight back by hiring a workers’ compensation lawyer and take your case to the NYS workers’ comp board. You will need to see this through as your health depends on it. You need to make sure your medical bills are paid and that you are getting workers’ comp benefits for hours lost.

This all starts with making sure you have everything documented since your injury. You will need the documentation telling your employer you were injured on the job. You will also need to keep records of your medical treatments starting from right after you were injured. Start with the hospital, emergency room or immediate care documents and continue on collecting documentation from your doctor or any other treating physicians or specialists you have seen. It’s also a good practice to keep track of the medications you are on due to the accident.

It’s important to not stop treatment until your physician says you are completely healed or as healed as you will ever get. If you stop treatment  this gives your employer and the insurance company reason to deny your claim It’s also important to go back to work when cleared, even if the company has to find you a different level of work. For example: if you hurt your back and can no longer lift things in the warehouse, your company might find you desk work which doesn’t affect your injury. In that particular case you must return to work.

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Uncategorized https://www.lawterritory.com/blog/employers-and-workers-comp-claims/ https://www.lawterritory.com/blog/employers-and-workers-comp-claims/ Editor Thu, 05 Dec 2019 22:05:31 -0500
Steps to Take After You’ve Been Pulled Over For A DUI A DUI (driving under the influence) is a serious criminal offense that has a couple of long-term consequences. The majority of DUIs are considered misdemeanors; however, should a crash occur as a result of driving while under the influence, the offense is viewed as a felony DUI. Such cases are often a result of the driver fleeing the accident scene or causing serious injury or even death due to driving while intoxicated.

If you have been stopped by a police officer on suspicion of driving while under the influence, there are several things that you could do that could help neutralize the situation a bit. Here is a look at steps you should follow when stopped on suspicion of driving while intoxicated.

  1. Find a safe spot to pull over. The police officer that asked you to pull over will be observing how and where you pull over. If you end up being arrested for driving while intoxicated, he or she will include this in their notes. If you don’t drive erratically, pull over to a safe location, or slow down too hastily, you are not doing yourself any favors.
  1. Don’t Make Any Sudden Movements. Officers are always cautious and alert and are ready to protect themselves at all times. Police are trained to approach cars from behind to ensure they have a clear view of who is inside the vehicle and what they are doing. When pulled over, make sure both of your hands are on the steering wheel in a visible manner and avoid making hasty or sudden movements.
  1. Behave Politely. If you handle the officer with politeness and respect, you might end up not being arrested. Driving under the influence cases are long and complicated and are often subject to lots of discretion on the part of the police officer investigating you on suspicion of driving while intoxicated. By not behaving with hostility or rudely, following the officer’s instructions, and being polite, you are doing yourself a huge favor.
  1. Never Answer Any Incriminating Questions. When pulled over on suspicion of driving under the influence, all that you required to do is to identify yourself and demonstrate that your car is on the road legally. As such, once you have handed over your registration and license, and maybe proof of insurance, you are not required to communicate anymore with the police officer. Never answer any questions that might incriminate you. Also, never tell a lie. Police know that people tend to incriminate themselves when they are in stressful situations. If you cannot kindly deny answering any questions, then make sure that you answer them as honestly as possible since lies could be used against you should you be arrested.
  1. Refuse Hand-Held Breathalyzer and Field Sobriety Tests. There is no legal prerequisite that you should perform a sobriety test of any kind as they are tools officers use to compile evidence against DUI suspects. However, depending on the state you are in, refusing to undergo a breathalyzer test could result in your license being temporarily suspended. However, if you are intoxicated, this point is irrelevant, and a DWI conviction will have more substantial penalties. The best thing would be to take a chemical test at the station. Kindly let the arresting officer know that you’ll gladly do so if you are arrested.
  1. Take Notes. Taking notes of everything that you can remember will help you come up with a defense strategy. Start by noting down what you were doing before driving off up through to the moment your pulled over, arrested, and all the tests you were submitted to by the arresting officer.

Source: Miami Dui Lawyer

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Uncategorized https://www.lawterritory.com/blog/steps-to-take-after-youve-been-pulled-over-for-a-dui/ https://www.lawterritory.com/blog/steps-to-take-after-youve-been-pulled-over-for-a-dui/ Editor Wed, 13 Nov 2019 22:15:20 -0500