Category: Uncategorized

Avoiding Slip and Fall Induced Knee Injuries

Injuries may occur anywhere on a given day. Individuals may experience a slip and fall on a public or commercial property, or even on a close relative’s or friend’s property. In many accidents, victim’s may suffer mild to severe knee injuries. If a victim’s foot gets stucks before falling, it can lead to abrupt twisting of the knee resulting in torn ligaments or even dislocation of the patella. Both of these injuries can be incredibly painful and may likely require surgery. Though, insurance will often cover medical costs, ideally, the accident would never occur. Consider the following tips to help avoid slip and fall related knee injuries.

How to Avoid Common Accidents

A primary reason slip and fall accidents occur is due to the surroundings. Ice covered sidewalks and loose rugs are just a couple common hazards victims may encounter. Exiting the shower tends to be relatively high hazard in homes due to wet floors and slippery bath mats. If you are visiting someone’s home, pay close attention to these hazards:

  • Assess the tiling. Look for loose or cracked tiles that may cause someone to slip or trip. Avoid any hazardous tiles if possible.
  • Examine the carpeting for holes, rips, or tears that your foot may get stuck on. Pay close attention to the rugs to verify whether or not they are secure or loose. If possible, move around the hazards.
  • Examine the walkways for puddles of water or layers of ice. If they have either, avoid them.

Dangerous Exteriors

Not only should you be aware of hazards that could potentially cause you to slip and fall, but also hazards that could endanger your children. Though, children’s bodies often recover from falls quickly, a more common hazard pertains to heavy objects. Children may attempt to climb on unsafe furniture or furniture with large objects on them. When they do, objects can fall on top of the children, resulting in severe injury. It is important to pay careful notice to the surroundings to identify whether or not the child will be safe in the room.

Exterior Dangers:

  • Trees may have rotting limbs that could break and fall if a child swings from them or attempts to climb on them.
  • Pool decks are notoriously slippery when wet. Move with caution when on a pool deck and warn children as well. It is important to walk and not run when moving on a slippery surface.
  • Be aware of stacked yard furniture. Children will often attempt to climb on the furniture which can cause the stack to collapse. Children may be hit by falling furniture, resulting in injury.

An accident can occur anywhere. Though, it may result in a mild to severe knee injury, insurance will often cover the medical expenses. However, the property owner may also be held accountable for the accident. If the injury was caused by the negligence or gross negligence of a property owner, contact a personal injury lawyer and discuss the accident  such as the personal injury lawyer Cheyenne WY locals turn to. You may be advised to file a claim requesting compensation for damages. Though, a personal injury lawyer may prove to be beneficial in representing your case, the ideal scenario would be for the accident to never occur. Pay close attention to your surroundings and avoid hazards when possible.

 

Thanks to authors at Cannon Hadfield Stieben & Doutt  for their insight into Personal Injury Law.

What is an independent medical examination?

If you were injured while at work, you may be required to get an independent medical examination (IME) to affirm the seriousness of your injury. The physician’s treatment recommendation will also be taken into consideration by the workers compensation board should you file a claim.

The Examination

A doctor who is approved by the workers compensation board will perform your IME. It’s standard for the board to request you to see their physician for an exam. An IME may also be requested by you if you do not agree with the assessment of the first board-approved physician who examined your injury.   

Preparation for the Examination

The physician who performs the IME is expected to be professional and neutral, but not all adhere to these expectations. In fact, some make an effort to disprove workers’ injuries in order that the worker’s employer or insurance company, who is also paying the physician, does not have to approve the claim. For this reason, you may wish to have a trusted person with you as your witness. The IME physician will likely ask you about the accident that resulted in your injury. Be prepared to answer the following questions:

  • How did the accident happen?
  • When did it occur?
  • What, if any, treatment have you received for your injury?
  • How much time have you had to take off from work?
  • What are your physical limitations as a result of the injury?

During the Examination

During the IME, it’s important to remember that anything you say can be used against you to deny your workers compensation claim. However, it’s also important to be truthful. If you work with a worker’s compensation lawyer, he or she can provide guidance as to what information is reasonable for you to provide the physician.

  • When asked about the circumstances of the accident that caused your injury, stick to only the relevant facts.
  • Request copies of the physician’s notes and other documentation such as x-rays, blood test results, and other diagnostics as well as treatment recommendations.
  • Remember that if necessary, you can get a second opinion. Talk to a New York Workers Compensation Lawyer about your options for seeking an additional examination by another doctor. Your attorney may be able to petition the workers compensation board to accept a non-approved physician’s assessment of your injury.

If you were injured while at work, it may be in your best interest to contact an experienced workers compensation lawyer to protect your rights.

 

Thanks to authors at Polsky, Shouldice & Rosen LLP for their insight into Workers Compensation Law.

 

What is a Warrant… and what are the Different Kinds of Warrants in Criminal Law?

A warrant is an order that is issued by a Magistrate (or District Court Judge) authorizing a law enforcement officer to perform an act – usually an arrest, or a search of property, involving an alleged crime.  The most common warrants that are dealt with in the criminal arena are arrest warrants, bench warrants and search warrants.

Arrest warrant

An arrest warrant is issued by a Magistrate or other Judge when a law enforcement officer establishes that there is probable cause that a crime has occurred and a particular person has committed it.  In some federal jurisdictions, the criminal complaint and the arrest warrant are on one document filed with the Court.  It contains a sworn statement by the officer, detailing the criminal conduct.  

Bench Warrant

A bench warrant is typically issued when a person does not show up for Court after being advised or summoned to court.  A bench warrant authorizes a law enforcement officer to go get a particular person and bring him or her into court.  It is also sometimes referred to as a fugitive warrant.

Search Warrant

A search warrant authorizes a law enforcement officer to search the property (real or personal) usually for evidence of a crime.  There are also different warrants within this section, including “no-knock warrants” “knock and announce” “anticipatory warrants” and “nighttime warrants,” all of which set out the particulars of the actions permitted by the law enforcement officers, in carrying out the warrant. This warrant directly implicates the Fourth Amendment, which protects persons from unreasonably searches and seizures.

 

There are also many other warrants out there, such as extradition, dispossessory or eviction, and execution.  All of these warrants touch upon criminal law practice.  Speak with an experienced attorney such as the New Jersey Criminal Defense Attorney.

 

Screen Shot 2017-12-18 at 6.57.36 PMThanks to authors at Lorraine Gauli-Rufo for their insight into Criminal Law.

What You Should Consider During Estate Planning

Every individual, at some point in their lives, should create an estate plan. Leaving behind your legacy should be an important aspect to your life. If you are thinking about writing down a moving company in your estate plan, you should first consider exactly how many of your items will need relocation and to whom you will allocate them. Belongings are considered part of a legacy, and it is important to assign all aspects of where they will go, and how they will get there. Family and loved ones will be taking care of tasks and often need help in the event a person becomes immobilized or deceased. Take photographs of your items so they can be easily recognizable to your family and movers. Start a list of everything you own including furniture, appliances (small and large), fragile items, birth certificates, original copies of important documents and instructions for the person handling your will, along with contact information of loved ones.  

Assigning Dependents and Appointing Fiduciary

It can take weeks, months, and in some cases even years to distribute and move belongings out of your home. Once things have been cleared out, the house will also need to be cleaned. Often times, moving companies also offer cleaning services to assist in that scenario. Family members may not have the correct size boxes, packaging material or moving techniques to transport objects safely. It will alleviate stress and not add an additional task to your loved ones, who will be sorting and moving your belongings. A family will likely need someone with a professional hand to move cherished items. Your estate plan should include your children’s information, so the will executor can contact them to find out what days your belongings can be moved that works with best with their schedule. You should also list what pieces are awarded to each beneficiary, so the movers know which items go to which home. Designate a person to act on your behalf and fulfill the wishes listed in your estate plan. This can be a lawyer, power of attorney, and trustee or will executor. They can contact the moving company you have chosen and schedule a time and day based on when it will help your family the most. By identifying which of your items go to certain family members, it can help prevent the rights of ownership being debated in court.

Contact an Estate Planning Attorney

Before contacting an attorney, like an estate planning lawyer California residents turn to, consider how many pieces will need moving, how many hours it may take, how delicate each item is, and if you need a cleaning service as well. This will help when the movers are generating a quote for you based off of your specific needs. Confirm that the moving company has an insurance policy that will cover any damages or losses if they were to occur during the moving process. If you have questions or concerns, your attorney will be able to help answer them.

 

Thanks to our friends and contributors from Yee Law Group for their insight into estate planning.

Child Custody Basics

Divorce can be a difficult and painful process. Separating from your spouse is not the only aspect of a divorce. Often times, there are many considerations to address; and the entire process can take over a year for the divorce to finalize. A common issue with divorce is child custody: “Who gets to keep the kids?”

Answering this question is not without obstacles; it can be quite difficult to arrange. The following are some terms and considerations worth knowing pertaining to child custody.

  • Joint Legal Custody: The type of arrangement that occurs when both parents agree to collectively make decisions regarding the child’s welfare and upbringing.
  • Sole Custody: The type of custody where a single parent is responsible for the integral decisions in the child’s life. Typically, this type of custody is awarded when the other parent is deemed unfit or too irresponsible to make decisions for the child.
  • Settlements Outside of Court: It is possible to develop a child custody agreement outside of court. Usually, the negotiation process involves lawyers, counselors, or mediators. The parents may decide the children’s time should be split perfectly evenly between the two. Other times, deals are made where one parent claims primary custody. Primary custody situations are common; the child lives with one parent the majority of the time, and may visit or live with the other parent on designated occasions. Settlements outside of court have their benefits. For instance, it may be cheaper. Court costs can vary but are generally considered to be “expensive” by many individuals seeking a divorce. If they can be avoided or lessened it may prove beneficial. However, sometimes amicable arrangements cannot be made by the parents, in which case, the court will determine the custody deal.
  • Court Decided Settlements: If you and your ex are unable to come to an agreement, the court may decide for you. Usually the judge will make the decision based on a few factors:
    1. The physical and mental health of the parents.
    2. The parent’s work obligations.
    3. The preference of the child
    4. The parent’s desires
    5. The quality of relationships between each parent and the child

These principles and factors are not exclusive, however, they are worth acknowledging. Many other components will play a role in determining the exact custodial agreement. It is highly recommended to seek the advice of a family law lawyer specializing in child custody such as the family lawyer Peoria IL locals turn to. They may be able to provide guidance and information to counsel you through this difficult process.


Thanks to authors at Smith & Weer P.C. for their insight into family law.

 

Creating an Estate Plan as a Young Family With Children

You may believe that you don’t need to worry about planning your estate when you are just starting your family, but that could be the best time to begin. You may believe that your lack of assets prevent you from properly planning and you may not need to create one yet. However, if you have children, they are the reason that you should begin planning now in case you pass away suddenly. There are many things to consider when planning with your children in mind. Here is a short list of considerations to keep in mind while beginning your planning.

Who do you want to take custody of your children?

Perhaps the most important reason to create a plan at this stage in your life is to establish a legal document with a designated guardian for your children should you pass unexpectedly. It is difficult to think about, but important to sort out before your family has to decide amongst themselves. In many ways it is preferable to have a decision ready instead of leaving it to the court who doesn’t know your family well.  

Without a plan, your family may have issues deciding how to place your children. If you plan this in advance, then your wishes will be respected and it will prevent a possibly lengthy and emotional custody battle.

Naming an Asset Manager

Typically, whether you have a will or not, your assets will be inherited by your children and it is important to designate someone who can manage the money for your children until they come of age and can take over. If you do not have a plan, the state will manage them. The court must be petitioned to release funds before the children come of age which can be inconvenient and timely.

When Do the Children Receive the Assets?

You may go with the popular 18 years old, but you may opt to go with the older and wiser age of 21 when your child is a bit more mature and adult. However, this is a personal decision and is up to you, you do not have to choose either of these ages if you don’t want to. Some people decide that they want to wait until their children are married so they can help support their own young families. As long as you set up an estate plan with all of your designations and beneficiaries, you will not have to worry about your family and you may change it as needed.

Creating an estate plan can be intimidating. It is best that you consult an experienced living trust or estate planning attorney such as the estate planning attorney Scottsdale AZ locals trust who can walk you through the process. They will ensure that your assets and last wishes are protected and honored for your children. If you have started your family, consider beginning your estate plan to protect your loved ones.


Thanks to authors at Hildebrand Law for their insight into Estate Planning.

 

How to Plan a Family Vacation After Divorce

After your divorced has been finalized, it’s time for you and your children to begin finding the new normal again. While you and your former spouse are no longer living in the same home, and your kids likely split their time between the two households, that doesn’t mean you have to sacrifice everything that families do together. This includes family vacations. Many divorced parents plan special trips for themselves and their kids, allowing them to enjoy quality time together and make new memories.

These tips will help any divorced parent plan a fun, hassle-free vacation with the kids:

Talk About Your Vacation Ideas with Your Ex-Spouse

If you are on amicable terms with your former spouse, you might want to consider beginning the planning process by discussing your ideas together. It’s important to be open and honest about the type of vacation you want to take and where you want to go. If you can agree on a vacation itinerary together, it will help make the logistics easier to finalize in the future.

Avoid Planning Impromptu Trips

Planning a family vacation after divorce requires you to start the process well in advance of the actual trip. It likely won’t be possible for you to schedule a week-long getaway without arranging it with your ex first. Instead, give yourself plenty of time to pick the right week, scout out the best prices and book an amazing vacation for you and your kids. In some cases, it’s best to start up to 6 months in advance.

Work With Your Divorce Lawyer to Get Proper Documentation

Traveling with kids after divorce means that you need to prepare and pack proper documentation for your vacation. In addition to having proper identification for your kids, you also will want to have an agreement in writing that states you are allowed to be taking the children to this particular destination. Travel documents should outline when you will be arriving and departing from your vacation. Your lawyer, like a divorce lawyer Tampa FL trusts, can help you create and prepare all of the documents that will be necessary for your upcoming family vacation.

Even in the aftermath of your divorce, you will still be able to plan exciting vacations for you and your children. Whether it’s during the holiday break or over summer vacation, you can work with your divorce lawyer to finalize the arrangements and coordinate the logistics with your ex-spouse.

For more information on custody arrangements, vacations and visitation schedules, contact your divorce lawyer today.


Thanks to our friends and contributors from The Mckinney Law Group for their insight into how to plan for a family vacation after divorce.

 

What Is Workers Compensation?

Workers’ compensation is a special benefit for people who sustain injuries while they are performing their work duties. The benefit covers a variety of work-related injuries. All businesses that have more than only a few employees are required by law to carry workers’ compensation. If required businesses do not, they are subject to severe fines and in some cases their business may be forced to shut down. The following information explains more about these benefits and how it works for employees. If you have questions or concerns about a workers compensation claim, consider contacting a workers comp lawyer.

Who Qualifies for Workers’ Compensation?

Anyone who is an employee of a company that is required to carry the insurance is technically eligible to receive assistance. The injury that the person claims must occur during the course of his or her work, however. The only exception to that rule is when the person’s job involves traveling. For example, a delivery person could get hurt while he or she is on a delivery, and that injury could possibly count as a workers’ compensation-eligible injury.

What Injuries Does It Cover?

Worker’s compensation covers a vast assortment of injuries and illnesses that occur during the course of the work process. Some of the most common injuries that people include in their claims are injuries like back sprains, broken arms and legs, burns, cuts, eye damage, and so on. Occupational illnesses count for workers’ compensation as well because they happen because the nature of the job exposes them to certain contaminants. In some states, mental and emotional turmoil can even count as a payable injury. It depends on the circumstance. Each case is an individual set of problems that may qualify for assistance.

What Do Workers’ Compensation Benefits Pay For?

Workers’ compensation covers a variety of elements for the person who requests it. One thing that it covers is the medical bills for the injured party. Any testing, medication, or therapeutic services can qualify for compensation. The insurance covers the person for a portion of his or her regular paycheck, as well. The worker gets a bit less than 67 percent of what he or she would normally earn on the job. Payments can come as early as eight days after approval, if the process goes smoothly.

How Does the Process Work?

The process starts with the employee reporting the injury to the supervisor. The next steps depend on the state, but either the employee or their employer must file the necessary paperwork to open a claim.

  • The employee must visit a doctor to validate the claim and receive payment.
  • The doctor then provides an injury diagnosis, documentation, and a recommendation as to whether the employee can return to work and when.
  • The issuing organization considers all of the documentation and makes a decision on the employee’s request.
  • If the claim is approved, the employee will receive payments until that person returns to work.

What if the Employer Was at Fault?

Sometimes, an on-the-job injury happens because of something the employer either did or failed to do. In that case, the injured party may be eligible to file a personal injury claim. A personal injury is one that occurs because of someone else’s negligence. An employer could be subject to a personal injury claim if they knowingly fail to fix an issue or do something that makes the work environment unsafe. An injured worker cannot pursue both resolutions, however. The person must choose to file either a personal injury claim or a workers’ compensation claim. The decision will likely primarily depend on the strength of the case. A workers compensation lawyer such as the Workers Compensation Attorneys Queens NY  locals trust can review the details of the case and provide a qualified legal opinion as to what the employee’s best option may be.

 

Thanks to authors at Polsky, Shouldice, & Rosen P.C. for their insight into Workers Compensation.

Why You Should Hire an Attorney

If you have been charged with a criminal offense, need assistance in defending your case in a court of law and cannot afford a private attorney, you may seek legal representation from a state appointed public defender.  However, hiring a public defender in lieu of a private attorney comes with many risks. If you can afford the cost to retain a private attorney, here are five reasons why you should.

Timing

Public defenders normally try to make money by pushing criminal cases through the system as quickly as possible.  They are not getting paid by the hour or by the client they are chosen to represent.  Your best defense is using a private attorney to represent you because he will spend more time with you and can advise you throughout the process to help assure that you are well informed on what your rights are.

Instructions and Guidance

Your private attorney will instruct and guide you through the process of your case from beginning to end.   Often times, your behavior will be scrutinized as you await your trial date so you need to be aware of that.  He will prepare you for how to conduct yourself when you enter the courtroom to face the charges of your offense.  The more prepared you are, the better the outcome of your trial.  The public defender is always pressed for time and won’t take the necessary steps to insure a favorable outcome in your case.

A Better Defense

Although your guilt or innocence is based on the state’s decision, prosecutors are well aware of how to turn evidence in their favor.  Unlike the public defender, a private attorney would be better equipped with revealing facts and uncovering crucial evidence that can be critical to your case thus, receiving a more desirable outcome for you.

Having Leverage

The prosecuting team is familiar with how the system works.  When a public defender is trying your case, he may not be able to discover “wholes” in your case that would be of great benefit to you.  Private attorneys are hired by you to defend them and your are their priority.  In most cases, private attorneys are much more challenging to the prosecutors because they have more leverage and will pick apart the prosecution and possible get your charges dropped.

What to Expect

Being faced with a crime and the consequences of that crime can be scary and stressful.  Not knowing what to expect adds additional anxiety and stress. It is always best to know the most appropriate way to prepare when you have to defend yourself for the events that will occur.  It would be wise to hire a private attorney such as the Criminal Lawyer Peoria IL locals trust who is familiar with such cases as yours and who knows what to expect and exactly how to prepare you.  A public defender doesn’t always have your best interest at heart and may stumble through the legal process causing a poor outcome for your case.

 

Thanks to authors at Smith & Weer LLC for their insight into Criminal Defense.

Could I Be Responsible for Another Driver’s Negligence?

It may be hard to believe, but you can be held responsible for a car accident even if you weren’t driving your vehicle. If someone else drives your vehicle and gets into the accident, you may be liable for the other driver’s damages.

According to the concept of imputed negligence, the responsibility of a vehicle accident can change from person to person depending on the circumstances as a car accident lawyer Milwaukee WI trusts can attest.

  1. A Child Drives Their Parent’s Car

Many parents allow their teenagers to drive their car sometimes. However, if their teenage driver causes an accident, they will be responsible for covering the damages, which may include medical expenses, lost wages and pain and suffering. If a teen driver gets into an accident with a bus, the expenses can get very high.

  • Negligent Entrustment: The negligent entrustment doctrine states that the person who gives another person permission to operate a vehicle will take responsibility for negligent behavior behind the wheel.
  • Family Purpose Doctrine: The family purpose doctrine states that the parent, who is the owner of the vehicle, will be led liable for the child’s negligence. Should the parents sign the minor’s driving license application, the signatory will automatically become legally answerable for the child’s negligent driving. 
  1. An Employee Driving a Company Vehicle

Some jobs require employees to drive a company vehicle. If an employee gets into an accident while behind the wheel of a company vehicle, the employer is held legally responsible. This is why most employers thoroughly check an applicant’s driving history before hiring them to drive a company vehicle. They want to make sure the job applicant hasn’t caused any accidents or has excessive points on his or her driving record.

  1. Lending Your Vehicle To Another Person

Individuals who want to lend their vehicles to family members or friends should consider the consequences first. If they allow to drive their car causes an accident, they will be responsible for all the accident damages.

  1. An Incompetent or Unfit Motorist Uses Your Vehicle

It’s against the law for individuals to to let incompetent drivers to operate their vehicle. These unfit drivers include intoxicated people, unlicensed motorists, elderly citizens who lose their driver’s licenses and drivers with a reckless driving history.

Some area requires individuals to acquire a special license before operating a bus. Those who don’t carry this license are considered unfit to drive a bus.


Thanks to our contributors from Hickey & Turim, SC for their insight into personal injury and car accident cases.