Dealing With The Legal Consequences Of Being Broke

Dealing With The Legal Consequences Of Being Broke

Working out the Custody Arrangements? 3 Reasons Why Bird Nesting Might Be the Answer

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If you’re in the process of a divorce, and you’re discussing custody, you want to make arrangements that will have your child’s best interest at heart. That’s easier to do if you and the other parent are on the same page. If you and your spouse have maintained an amicable relationship, and you’re still able to communicate effectively, you may want to consider a bird nesting arrangement. Bird nesting is a relatively new custody arrangement that provides an increased level of stability for children going through a divorce. With bird nesting, the children stay put, while the parents take turns staying in the family home. Here are three ways that your child will benefit from the arrangement. Allows Child to Remain in One Setting Under typical custody arrangements, the parents remain in their respective residences and the children rotate back and forth. While this provides a sense of stability for the parents, it requires children to upend their lives several times a month. With bird nesting, the children remain in the family home and the parents rotate. If you choose bird nesting, your children will maintain a stable living arrangement. Avoids Disruption of Child’s Life If you have older children, they probably have some type of social life – friends, extra-curricular activities, etc. Unfortunately, under traditional custody arrangements, children must sometimes forgo those activities each time they change physical custody. With bird nesting, your children will be able to maintain their social life because they’ll remain in their own neighborhood. Reduces Typical Problems Associated with Back-and-Forth Custody When it comes to things like school work, traditional custody arrangements can cause undue stress on parents and children, alike. Each time children transfer from one home to the next, they run the risk that they’ll misplace their school work, text books, etc. It can be difficult to keep track of school assignments when they’re constantly moving from one home to the next. When you and your spouse choose bird nesting, your children – and their schoolwork – will remain in one place. This will prevent problems with assignments and supplies. If you and your spouse are trying to come up with a suitable custody arrangement for your children – and you’re still communicating effectively – you should talk to an attorney like Baudler, Maus, Forman, Kritzer & Wagner, LLP about the benefits of bird nesting. They’ll be able to answer any questions or concerns you might have regarding the...

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Who Is Responsible In An Accident Caused By A Bus Driver?

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Accidents involving buses have unique issues that can impact a victim’s claim. Issues can include determining who to hold responsible for your injuries and which damages you can claim. If you have been involved in an accident with a bus, here is what you need to know.   Who Is Responsible? If you were the victim in the accident, you have to determine whether or not to hold the bus driver, the owner of the bus, or another entity responsible for your accident. Who is ultimately responsible for the accident depends on who the owner of the bus is.  In cases involving buses that are owned by government entities, such as the city, your claim has to be against the city. If the bus is owned by a private company, you can choose to file a claim against the company. However, if the driver is considered a contractor by the company, you can file a claim against him or her and possibly the company.   What If a Government Entity Owns the Bus? Government entities typically have protections that can impact what steps you can take to recover damages in your case. The law in your area more than likely requires you to file a claim with the agency responsible for overseeing the operations of the bus. When you file the claim, you have to do so within a certain period of time. If you fail to do so, it is likely that your right to do so will expire.   Once your claim is submitted, it will be reviewed and a determination will be made regarding whether or not it should be paid. If your claim is denied, you can file a lawsuit against the agency to recover damages. At that point, your case will be viewed as any other personal injury case.   What If a Private Company Owns the Bus? In the event that a private company owns the bus, you can treat your claim like any other personal injury case. Start by filing a claim with the company’s insurance company. An adjuster will be assigned to your case and you can begin negotiations to have your claim paid.   If the bus was driven by a contractor, you can choose to file on his or her insurance. Some contractors have insurance specifically for work-related incidents. In some instances, you can also pursue a claim against the company even if the driver was a contractor. For instance, if the bus was in poor condition and led to the accident, you might have a claim against the company, too.   Consult with a car accident lawyer to determine the best plan for handling a bus accident. Contact a firm like True Guarnieri Ayer LLP to learn...

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A Quick Look At Common Prescription Medications That Could Get You A DUI Charge

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When you have a sickness, illness, or disease, there is a high likelihood that your doctor will prescribe some sort of medication to help you with your problems. If you are like most people, you will swing by the pharmacy and pick up your medication and may never give any thought at all to whether you should take the pills while you are driving. Unfortunately, some common medications can inhibit your driving abilities because of their side effects. Driving under the influence of some of these medications could easily land you with an unforeseen DUI charge. Here is a closer look at some of the most common medication types that could get you in trouble with the law while driving.  Sleep Medications – Even though you can purchase some sleep medications over the counter, those that you obtain in prescription form can sometimes have even more severe side effects. Some of the side effects associated with prescription sleep medications include:  drowsiness changes in vision slowed reaction times falling asleep without warning lingering fatigue  If you’re prescribed sleep medication, it is best to not drive for the first day or so after you start the prescription. Give yourself ample time to get familiar with how long the medication affects you and how long it takes for the medication to fully wear off.  Opiates – Most opiates are considered a Schedule II narcotic, which means they are legal and prescribed for medical use, but have a high likelihood of abuse and dependence development. However, opiates are also well-known for other side effects that can interfere with your driving abilities. For example, an opiate dosage could make you feel groggy and drowsy without a lot of warning, have negative impacts on your vision and perception, and can even alter your reaction times on the road. If you are prescribed opiates in any form, it is best to strongly adhere to guidelines given to you by the pharmacy and steer clear of driving until you are positive how the medication is going to affect you.  Anti-Anxiety Medications – Anti-anxiety medications are designed to affect the nervous system, which is essentially why they can make you feel more relaxed and at ease. Even though these medications can be a great help when you suffer from anxiety, they can also negatively impact your driving skills. Anti-anxiety medications may make it harder for you to focus on your surroundings and could leave you feeling especially groggy and tired. Extreme caution should be used if you are prescribed this medication to ensure you know whether your driving could be impaired or not.  The bottom line is, a DUI may be easier to get charged with than you think, even when there is no alcohol involved. If you have been charged with a DUI because of prescription medication, contact a DUI attorney for advice....

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Ways Your Cell Phone Can Help Solidify Your Auto Accident Injury Case

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Every time that you drive your vehicle, you have the risk of being involved in an automotive collision that could result in a serious injury. Still, being injured does not guarantee that you will be properly reimbursed for your damages, even if the other driver was at fault.  If your auto accident attorney could advise you of how to respond at the accident scene, he or she would probably ask you to keep your cell phone handy. Your mobile phone could prove quite useful in obtaining information that could help solidify your accident case. Here are a few reasons why: You can take pictures. Most cell phones have camera features that allow you to take digital images. In addition, the phone records the date and time that each photo was taken.  Although your testimony of what transpired will be important in an injury case, a picture is difficult to dispute. Photos of the damages to the vehicles, the weather conditions at the time of the incident, and the positioning of the automobiles at the end of the accident could all prove helpful.  You can call for medical help. It’s important to receive medical treatment as quickly as possible after the accident. A delay in treatment can make insurance representatives question the degree or seriousness of your injuries.  Keep in mind that although you may feel some discomfort at the accident scene, the pain associated with your injuries is likely to increase over time. Thus, even if you only suspect that you are injured, call for an ambulance. Allow the medical professionals to determine the extent of your injuries. They will document their findings and transport you to a nearby medical facility if you need additional treatment. Each of their findings will be documented, so you will have an unbiased record of your injuries.  You can notify law enforcement. Even if the other driver agrees to pay for your damages and asks you not to call law enforcement, it is important to contact the police as soon as the accident occurs. The officer will record an official description of how the accident occurred and may even assign fault to the other driver. He or she will also record the contact information and insurers of the parties involved. To learn more things that you can do at the scene of an auto accident or to receive legal advice after an accident has occurred, call to schedule a consultation with an auto accident attorney like Carl L. Britt, Jr. in your...

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Why You Should Always Hire a Lawyer When Going Through a Divorce

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Going through a divorce can be an incredibly tumultuous time.  Whether the decision to divorce was made suddenly, or if it’s been a long time in the making, it can still be a painful process.  If you are currently divorcing, you may think that you can handle it without a legal professional.  However, failing to obtain a divorce attorney could prove to be a very serious mistake.  Use this information to learn more about why you should always hire a lawyer when you’re going through a divorce. Divorce Attorneys Help to Substantiate Your Divorce Claims One of the main reasons why you should work with a divorce attorney is because they help to substantiate your divorce claims.  This is important because failing to validate your claims could lengthen the process, causing you to stay attached to someone that you no longer want to have dealings with. For example, in some states, there are specific requirements that must be met if a judge is going to grant a divorce.  It could be anything from domestic violence, infidelity, and a host of other reasons that must be met before you will be granted a divorce.  Your lawyer will let you know what the grounds for divorce are in your state, and then go about advising you concerning how you can gather your evidence.  It could be keeping careful records of voicemails or text messages, or even catching your mate in the act with video footage.   A lawyer can help you get all of the evidence in place so it will be much easier for you to go confidently to court so that you can have your marriage dissolved. Divorce Attorneys Act as a Second Set of Eyes If your divorce is very emotionally loaded, it’s so easy to forget some of the details.  Your attorney will be the second set of eyes that you need to ensure that everything is divided up properly. The division of property is about so much more than just land, homes or cars.  There may be a credit card that you obtained for your partner which you’ve never used.  They may have been the only party that used it.  However, because it’s in your name, you’ll be on the hook for the payment after the divorce.  Your lawyer will bring things like this back to your memory so that it can all be included in the divorce...

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Injured During Your Remodel? Whom You Should Sue

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If you decided recently to do a major remodeling project on part of your home, and you were injured in the process, you might be wondering if you have grounds for a lawsuit. That really depends on the circumstances surrounding your injury. Here is what a personal injury attorney might say about it, and whom you should sue if you have a case. Sections of Your House Dropped on You Granted, you should not have been near the construction zone while the contractor and his/her crew were working on your home. However, they should have been more careful about dropping things on your head or letting everything fall where it may. This type of personal injury, when it is severe enough, can go one of two ways: File a claim against your own homeowner’s insurance for the injury, since it was part of your home that fell on your head OR You sue the contractor’s crew for negligence and not following safety protocols While you are more likely to receive compensation from your homeowner’s insurance, you may still find that you have to sue the homeowner’s insurance company when and if they refuse to pay. Suing the contractor is a slippery slope, since he/she may argue that you should not have been near the work zone at the time of your injury. The Contractor’s Tools Caused Your Injury This is quite a different scenario than parts of your home falling on your head. When the contractor’s tools have caused you injury, either because they were left on and you got too close to them, or because a crew member dropped a power tool on you, that becomes a lawsuit against the contractor. Even though the accident happened on your property, it occurred because the contractor’s property (i.e., his/her tools) injured you. The same holds true if you are hit with a wayward nail from a pneumatic nail gun or some other freak power tool accident. The Contractor’s Vehicles Injured You While it is unlikely that drivers of the trucks and construction vehicles would back over you personally, they may accidentally back over children or pets. Regardless of who is hit or run over by a work truck, the contractor should pay restitution to you for your medical/vet bills. If he/she refuses, then you should secure a personal injury lawyer and pursue the case until compensation has been granted. For more information, talk to a professional like Walz Law...

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Have You Had Children Since Completing Your Will? What To Know

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If you have a will and you have children, getting the will updated regularly is something important that you should do. If you don’t have a will, find an estate planning professional as quickly as you can, and let them start to construct a living will for you. There are a lot of things that can happen while you’re raising children and as your children get older. When any of these different things happen, contact an attorney. Each Time You Have a Child Each time you have a child you should have your will altered, so there are no issues when it comes to your child. You want it documented who the child will go with, what funds will be directed towards the children, and what you want to happen to the estate. If it isn’t updated, the child will be left out of division of the assets and more, since you have the funds stated to be split otherwise between other children. Major Purchases Every time you make a major purchase, like you purchase a new home or a possibly a business, you want to update the will. Keeping your assets in your will updated is important because these assets may need to be sold, or you may want the assets to be controlled or go to specific people. Being prepared prevents your children from losing your house or your business. Your Power of Attorney or Executor Dies If the person that is your power of attorney or the executor of your will passes, you have to update the will. You don’t want someone trying to rush around to become the administrator of your estate because there is no executor, and you don’t want one of your children making medical decisions for you if there is an emergency, or the wrong child calling the shots. These are just some of the things that will need to be changed and tweaked as time goes on. When you have children you have more responsibility than if you don’t, and it’s important that you sit down with an estate planning lawyer like Cormac McEnery Law Firm annually, or at least every other year to go over any updates or changes with your finances and with your life. This way you can go to bed each night knowing that you have everything under control, and that your estate will be managed if anything happens to you at...

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Answers To Your Questions About Disability Denials

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After all the time and work, it can be shocking to find your disability claim denied. There are many reasons why denial can occur, including a determination that your disability is only short term or that the disability office simply couldn’t get in touch with you. The following can help answer your questions on a denial so that you know what to do going forward. Can you appeal any type of disability denial? You are allowed to file an appeal regardless of the reason for denial. Even if the denial reason is fraud, you can file an appeal to state that your claim is not fraudulent. Is it better to open a new claim or file the appeal? If you have applied for disability and been denied, do not file a new claim. First and foremost, a new claim can take longer to process than an appeal, effectively putting you back to square one on the entire process. Second, you will likely be denied a second time for the same reasons as the first denial. It is much better to file the appeal so that you can address and remedy the reasons for the denial. Are you provided details on the denial? The initial denial will not be very detailed. You can get a copy of your exhibit file from the hearing and appeals office, which will contain all the information that was used to process the denial. This will likely be a bundle of medical records. Look these over and make sure nothing is missing. Sometimes incomplete records are the real reason that a denial occurred. Should you get another medical report? It can sometimes help to ask your doctor for a more detailed report and evaluation of your medical condition. You may even benefit from getting an evaluation from a second doctor to further back up the claims of the first. Can you update the paperwork? It is encouraged that you look over the initial claim and fix any errors and add in any missing information. In many cases a denial is the result of paperwork errors or missing documentation, so this step alone may result in an approval. Must you file the appeal immediately? The sooner you get the ball rolling, the better. Filing the appeal as soon as you receive word of the denial is best. Not only will that help speed the process, but there is a deadline on filing the appeal. You do not want to lose your right to an appeal. Contact a disability lawyer as soon as you get notice of the denial. They can help walk you through the appeals process so that you have the best chance at winning your disability...

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3 Smart Strategies For Fighting A Traffic Ticket

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Paying a traffic ticket may seem like the fastest and easiest way to get it out of your way, but things aren’t always that simple. A moving violation comes with more than just a fine – it comes with points on your license that add up over time and can raise your insurance rates and even result in suspension of your license if you get too many. In the long run, fighting the ticket may be the less costly option. Take a look at some smart strategies for fighting a traffic ticket in court. Argue That Your Speed Was Safe A speed limit seems like a simple thing – the limit is the maximum speed, and if you exceed it, you’re in violation of the law, right? But it’s not always that simple. There are three types of speed limits: absolute, presumed, and basic. An absolute speed limit means exactly that – the limit is the limit, and anything else is speeding. The basic speed limit refers to going too fast for conditions – for example, if you were going under the speed limit in a heavy rain, but the police officer determined that you were still driving too fast for safety given the weather, you could be violating the basic speed limit. However, the presumed speed limit is something different. In states that have a presumed speed limit, like Texas or California, a police officer can presume that you are speeding if you’re going over the posted limit, but if you can show that you were driving safely given the road conditions, speeding is technically legal, and you may be able to convince a judge of that. Check the wording of your state’s speed laws – if the law doesn’t reference a maximum limit, doesn’t refer to a speed that it’s unlawful to exceed, or doesn’t outright say that it’s illegal to exceed the limit, your state’s speed limit may be presumed instead of absolute. In that case, you just need to show that you were driving safely. Argue Circumstances Beyond Your Control Didn’t see the stop sign until after the officer pointed it out? There may be a good reason for that. You’re supposed to obey traffic signs, but you can’t if you don’t know that they’re there. If the sign was obscured by a tall bush or low-hanging tree branches, for example, you could argue that you didn’t obey the sign because you simply couldn’t see it. Legally, this defense is called “mistake of fact”. Mistake of fact can also be used if you didn’t have sufficient notice of the stop sign – for instance, if an intersection that you frequently pass that did not have a stop sign suddenly has a new sign in place, a judge might accept the argument that you did not notice it because you weren’t expecting it and weren’t warned that it would be there. In either case, you would need to present evidence for your mistake of fact defense – a picture of the obscured sign, for example, or proof of when a new sign was put in place. Argue That Your Violation Was Legally Justified There are occasionally times when you can’t or shouldn’t follow the law. An officer might give you a ticket, but it’s the court’s...

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What To Do If You Are Notified Your Wages Are Going To Be Garnished

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If you recently received a judgement letter from a creditor indicating that they are going to start the process of having your wages garnished in an attempt to collect an unpaid debt, you are undoubtedly upset about the situation. There are a few steps you can take to try stopping this process from occurring in an attempt to retain the same amount of your regular paycheck as you have been. Here are some tips you can use in an attempt to stop a garnishment process. Reply To The Judgement Promptly It is best not to ignore the judgement when it is received. Take the time to type a detailed letter in response to the creditor informing them that you would like to stop the garnishment procedure if possible. This will require you to make arrangements for paying off the bill. Some creditors will work with you to construct a payment plan in an attempt to collect money owed. Others may ask for the entire amount up front. Since the creditor will save money themselves in working with you directly over hiring a company to go through with a garnishment procedure, it is to both of your advantages to try to work out a deal if possible. Find Out If Your State Offers Help Contact your county court to ask what programs are in place in your specific state when it comes to garnishment of wages. Some states offer exemptions for those who are suffering through a time of hardship where their income is not enough to make payments on all debts they have racked up. Other states will allow you to partake in a court process where a trustee is appointed to you to make payments to creditors in your behalf. You would pay the trustee and they would take care of the distribution of money to the appropriate creditors. When someone has this program in place, garnishment may not be allowed. Head To The Courtroom You have the right to object to a garnishment in a court of law. If you are unable to strike a deal for repayment with the creditor, then write a letter to the court indicated on the letter of judgement asking that a hearing is scheduled. At this hearing, you will have the chance to offer to settle with the creditor in person. You can also dispute having your wages garnished if you were not notified of the process beforehand. As soon as you notice your wages are less than desired, hire an attorney to help you get through a dispute process. Consider Filing For Bankruptcy If your debt is extremely high and you are racking up large sums of interest for each month that passes where you do not pay your creditor, it may be beneficial to file for bankruptcy. This is best done if you do not have assets in your possession so you are not at risk for losing them as a result of your bankrupt status. Call an attorney to find out if filing for bankruptcy is recommended for your specific situation. If they believe it would wipe the slate clean without causing you to lose your belongings, it is an option to consider. To find an attorney, visit a law firm like Stuart J...

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