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Treating Both Genders Equally When It Comes to Child Custody

Injured While Camping In A National Park? Who To Sue And How To Sue Them

Posted by on Jul 14, 2016 in Uncategorized | Comments Off on Injured While Camping In A National Park? Who To Sue And How To Sue Them

If you go camping in a national park and you are injured there, you may be able to sue. While most people assume that camping in a state park comes with some risks (e.g., encountering hungry wildlife, tripping over tree roots, etc.), certain injuries above and beyond these risks may be viewed as grounds for a personal injury lawsuit. Here is how your personal injury lawyer will determine who to sue and how. Man-made Features Versus Natural Wonders First and foremost, you cannot sue the government (the regulating body for the national parks system) for any natural wonder that causes you harm. For example, if you got too close to the edge of a hot geyser and were burned by the hot water as it erupted from its opening in the ground, you cannot sue for that. On the flip side, if you used a toilet in one of the bathrooms or available outhouses in the park and you were bitten by wildlife in that facility or the toilet exploded underneath you because of a plumbing problem in the park, then you can sue. In these cases, a man-made structure or facility was the primary cause of your injuries. If you only suffered injuries because of plumbing problems, you may be able to sue the governing body. If you incurred injuries because of wayward wildlife, you can sue the park staff who should have cleared the restrooms of unwanted pests and/or wildlife. Issues with Predatory Wildlife If you did nothing to encourage or antagonize larger predatory animals in the park but they attacked you anyway, you may be able to sue for this. Sometimes when the park rangers are aware that there may be a man-eating animal in the park, they may post signs for campers to “camp at your own risk,” or they may just try to eliminate the problem with campers in the park with no warning. If they were aware of a possible problem with a predatory animal (bear, puma, wolf, coyote, etc.) and did not warn you and you were hurt as a result, you may be able to sue the park rangers and/or the governing bodies for that particular national park. How to Sue Your personal injury lawyer will examine any and all contracts you may have signed prior to paying for a camping spot in the park, if applicable. If there are no contracts or fine print barring you from suing, then your lawyer will take a look at the precedence of cases involving injuries in national parks to determine what laws apply and how to proceed. Then he or she will file a lawsuit on your behalf and schedule a date for the hearing. You will need to provide all of the documentation necessary for your case and appear for your hearing on time. Any appeals or additonal hearings on the matter will also be handled by your...

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Helping Your Child With Epilepsy Receive Social Security Benefits

Posted by on Jun 29, 2016 in Uncategorized | Comments Off on Helping Your Child With Epilepsy Receive Social Security Benefits

Children with epilepsy are dealt a very difficult hand early in life. Many will find it difficult to grow and progress due to their disorder, and will experience a wide range of problems. Understanding the impact of this disease and the way that social security can help, can give your child the support they need to live a full and happy life. The Impact On Your Child’s Life Will Be Immediate If your child has epilepsy or develops symptoms later in life, they are going to suffer from a variety of problems that make their life more difficult. The severity of this condition makes it likely that these problems will be immediate and difficult to manage. Children who suffer from epilepsy may have many of the following concerns: Issues with academic career Learning disabilities Behavioral problems caused by their seizures Problems emotionally dealing with seizures Difficulty fitting in with peers and others This can make them more difficult to raise or cause problems later in their life. People with epilepsy often have a hard time finishing school, developing relationships, or becoming financially independent. This doesn’t have to be the fate of your child, as social security benefits can ensure that they have some form of support later in life. This can help them finish college and find a successful career. Beyond that, it can also help them receive the physical and mental health benefits they need to manage their symptoms and live a happy life. Ensuring Your Child Qualifies There are a few different ways that your child can qualify for social security disability for epilepsy. The first of these is qualifying through the Blue Book listing. This manual includes a variety of disability listings that help gauge whether a person requires social security to maintain a reasonable lifestyle. These qualifications include: Daytime seizures that cause your child to lose consciousness or severely convulse Seizures during that night that make it difficult to function during the day Seizures for at least one month after being on seizure medications for three months These qualifications are strictly for convulsive epilepsy. For non-convulsive, you require evidence of seizures during the day and night that cause unusual behaviors, difficulty staying awake, difficulty thinking, and other issues that make life difficult. However, your child can also qualify for epilepsy through an RFC analysis, which includes reports on how epilepsy affects your child on a daily basis. Make sure to fill these out with your child in a detailed manner in order to make sure they qualify. It’s also worth knowing that you may be able to receive tax benefits if your child has epilepsy and that they might be able to receive the same benefits as an adult. To learn more about your options and to sort through your child’s disability rights, please contact a social security disability lawyer, like Drummond Law LLC-Disability...

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Common Defenses To A Personal Injury Lawsuit

Posted by on Jun 8, 2016 in Uncategorized | Comments Off on Common Defenses To A Personal Injury Lawsuit

Being injured can put you out of work, give you high medical bills and cause distress in your life. After you were injured, you might seek a personal injury lawsuit to collect money to help you with these hardships. If you have had an injury and are seeking compensation through a personal injury lawsuit, you should be aware of the potential defenses the other side might take against your case. Comparative Negligence In order to lessen the amount that is paid to you, it might be argued that you were partially at fault for whatever accident injured you. When a certain amount of fault can be placed on you, it will lessen the amount that has to be paid out. The total damages you are seeking and that are owed to you will be reduced by the amount that you are found at fault. For example, if you are seeking damages of $30,000 and you are found to be 50% at fault, you can then only receive $15,000. Contributory Negligence If you live in one of five states–Maryland, North Carolina, Alabama, Washington DC, or Virginia–then if the other side can prove that you were at fault for even a very small percent of your accident, then you won’t receive any damages at all for your accident. This defense is often used if it isn’t apparent who was totally at fault and if there might be some chance that you could be responsible for any part of your accident. Assumption of Risk If you had a personal injury, it might be argued that you willingly participated in an activity that injured you when you knew the risks of getting injured. In order for this defense to be used properly, the type of harm that you suffered must relate closely to the type of injury you would expect by doing this activity. For example, if you were hit by a fly ball at a baseball game, it might be argued that you assumed this risk by attending a baseball game, where fly balls are known to go into the crowd. Talk with your accident lawyer like one from Trump & Trump about these defenses to determine whether or not the other side might be able to use any of them. This will help you get a more realistic grasp on what sort of compensation you can expect, and ensure that there are no unwanted surprises when you show up in court and the other side offers one of these...

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There May Be Other Options During A Workplace Injury Issue

Posted by on May 23, 2016 in Uncategorized | Comments Off on There May Be Other Options During A Workplace Injury Issue

An injury on the job can expose a lot of mistakes, inefficiencies, and policy problems, but it can still be a great opportunity for all involved. There may be other forms of compensation or other responsible parties that need to be considered, but you don’t want to accidentally risk your workers compensation claim. Before signing anything, take a look at a few alternative or supplemental compensation angles to get what you–and maybe even your company–deserve. Be Careful Before Suggesting A Different Problem Being injured on the job because of a past injury isn’t necessarily your fault, but it creates a situation where your employer or the involved insurance agencies may not be able to (or want to) compensate you.  Consider an accident where a worker falls over safety rails because of a weakened leg from a past injury. It’s a reasonable accident and there might not be proof about whether it’s your fault or because of a spill or debris, but bringing up your injury without a lawyer could jeopardize your claim. If you’re sure that the fall was caused by your weakened leg and that weakened leg was from an injury that someone else caused, you may also be entitled to past compensation. The old injury is causing current problems with employment and is putting your life at risk. You don’t need to keep this conflict a secret or risk benefits by talking if you simply speak to a lawyer first. Talk with a personal injury lawyer and discuss your situation. The falling over a rail situation may have a lot of other factors, but every accident is different and there may be ways to make sure that you get the nearly immediate benefits of workers compensation as you pursue legal action against your original injury’s costs or look for other forms of support. What Other Benefits Are Available? A personal injury lawyer can discuss the available options unique to your specific situation, but listed below are a few options that could deliver benefits or payments from legal action: Personal injury lawsuit. In a personal injury claim, you can take legal action against the group or individuals that caused the original problem. This can be an issue if you’re already settled out of court for the original issue, but make no assumptions. A clear and significant disability that your past settlement or judgement didn’t cover is worth bringing up in court again if you haven’t been to court already for the issue. Social Security Disability benefits. Social Security is a social safety net designed to provide assistance for people with permanent or temporary disabilities. Although the program can support people who are permanently disabled, one of the goals is to rehabilitate a person to the point of being able to earn an independent income or to reduce their reliance on the program. Veterans Affairs (VA) Disability benefits. Disability from the Department of Veterans Affairs is different from the social security system. It’s actually a compensation system that pays veterans and provides medical support for your condition. If you’re already a disabled veteran with an official disability rating, you can apply for an increased rating using the work incident as evidence. If you’re not rated as disabled, using the incident as evidence for an initial claim or appeal can deliver evidence that many veterans struggle to provide for conditions that are difficult...

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Can Bankruptcy Get Rid Of Student Loan Debts?

Posted by on May 6, 2016 in Uncategorized | Comments Off on Can Bankruptcy Get Rid Of Student Loan Debts?

According to MarketWatch, student loan debts grow $2,726.27 every second. If you are one of the millions of Americans that have overwhelming student loan debts, bankruptcy could possibly be the answer to relieving that debt. Before filing, it is important to understand how it can impact your debts and what you need to do to qualify fro relief.  What Happens to Your Debt? When you file for bankruptcy, how your student loan debts are handled depends on which filing you choose. If you file for a Chapter 13 bankruptcy, the debts are factored into your repayment plan. As you make payments to the trustee over the course of three to five years, he or she will ensure that the student loan is also paid.  In some situations, the balance of a student loan debt can be discharged if you meet certain requirements.  However, if you file for a Chapter 7, there is a chance that your student loans can be discharged. If the debts are discharged, you are no longer responsible for them. Whether or not the court decides that you can discharge depends largely on your ability to pay.  How Can You Get Debts Discharged? Regardless of if you filed for Chapter 7 or 13, if you have reached the point at which you want to discharge the student loan debts, you have to prove that it is virtually impossible for you to pay the debt.  When assessing your ability to pay, the courts rely on the Brunner test. The test assesses your present financial situation and your history with making payments to determine if the debt should be discharged.  If you have experienced a financial hardship, such as you have lost your job and are not expected to find one in the near future, and have made a solid effort in the past to repay your student loans, you might qualify for a discharge.  However, if you have the financial resources to make the payments and have not had a good history with payments, it is unlikely that the courts will agree to a discharge.  What Can You Do? If you do plan to ask for a discharge of your student loan debts, it is important that you try to make payments while the court is reviewing your petition. Remember, the court is paying attention to how well you have paid the debt in the past. Even if you cannot make a full payment, you show a commitment to at least trying.  For more information, contact John D Rouse or a similar legal...

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Tips For Preparing To Filing Bankruptcy Paperwork

Posted by on Apr 14, 2016 in Uncategorized | Comments Off on Tips For Preparing To Filing Bankruptcy Paperwork

Filing for bankruptcy can be stressful, but it can also be a relief if you have been drowning under your debts. You can help minimize the stress by preparing properly before you begin the process of filing the bankruptcy paperwork. The following are some tips to make the entire process go more smoothly. Tip #1: Check your prior years’ taxes You must be up to date on all tax filings before you can file bankruptcy. If you haven’t yet filed for the current year, or if you are behind on a previous year’s taxes, set aside the time to file before you begin filling out the paperwork. Bankruptcy paperwork depends on accurate income tax numbers, so it is impossible to fill out the forms accurately if you haven’t yet filed.  Tip #2: Put away the credit cards It may be tempting to “stock up” before filing for bankruptcy. This can including charging items that you are afraid will be unaffordable after you file, or taking loans out on items that you think you may need or want later. Unfortunately, acquiring a lot of new debt in the few months preceding your filing doesn’t look good. The court can deny to discharge debt if it appears it was taken on in anticipation of the bankruptcy filing. If you do use your card or take out a loan for any reason, keep the receipts for where the money was spent, and be prepared to include a statement with your paperwork that explains why you used the card or took out the loan. The goal is to show that the money was used for necessities, not luxuries. Tip #3: Don’t hide assets Moving or transferring assets, such as vehicles, land, or homes, to friends or family can look a bit shady to a bankruptcy court, especially if the transfer occurred shortly before filing and there was minimal exchanging of money involved. This can look like you are trying to protect an asset from the bankruptcy proceedings, with the intention of getting it back afterward. You may not be intending to hide assets, you could have simply sold them off in an attempt to pay your debt on your own before seeking bankruptcy. The best way to avoid any appearance of illegal activity is to keep records of all sold assets, along with the amount received, where the money was spent, and the reasons why you sold the asset. If you have concerns about what you should and shouldn’t do to ensure a seamless and smooth bankruptcy hearing, talk with a bankruptcy attorney in your area from a firm like Hornthal Riley Ellis & Maland LLP. They can help you both prepare for your filing and avoid some common...

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Can My Teenager Choose Which Parent Gets Custody?

Posted by on Mar 30, 2016 in Uncategorized | Comments Off on Can My Teenager Choose Which Parent Gets Custody?

The simple answer is yes. Your teenager does have the right to request which parent gains custody over them, but you need to know more than the short answer to this question. There are many factors to take into consideration when the decision of who gets custody of a child within a divorce arises. If the child is a teen, their wishes are generally given great weight in the judge’s eyes. How Can My Teen Choose? The idea that your teen, who is not yet considered a legal adult, can choose which parent to live with can be daunting. But it’s also unnerving for them because they will have to state their wishes, putting them in the spotlight. They can appear at a hearing for the custody case and verbally state which parent they choose (or want) to live with. If you want your teen to choose you and know they have, you can pursue this step. However, psychologists and judges do not recommend it because it can be potentially damaging to your teen’s psychological health. Instead of putting your child in the spotlight, you can opt to have a written statement made by them presented in court. The statement needs to be brief, concise, and state the child’s preference with their reason. Your teen will need to sign the statement.  What Can Go Wrong? Since your child is a teen, their preference will be given great consideration. In most cases, a judge will rule in favor of their wishes. However, there are scenarios in which a judge cannot rule in favor of the teen’s request. Should the court suspect pressuring on either parents’ part or coercion, the situation becomes severely complicated. State laws are also taken into consideration during custody battles. If a law within your state trumps your teen’s wishes, no statement or preference will overturn the proceedings outcome. Some states require the statement made by your teen to be notarized before it is admissible in a court of law. Failure to do so would make the statement irrelevant. Be sure to review the laws in your state and discuss your teen’s preference with an attorney (such as one from http://www.glfamilylaw.com) for pointed legal advice. Ultimately, a teenager can choose which parent they feel is best for them. In some cases, custody can be reassigned based on their preference once a teen turns a certain age. It is crucial that any parent figure involved stay unbiased in their teenager’s...

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3 Ways To Maximize Your Compensation Claim After Being In An Accident

Posted by on Mar 9, 2016 in Uncategorized | Comments Off on 3 Ways To Maximize Your Compensation Claim After Being In An Accident

Being involved in any type of accident can take a lot out of you. It drains you emotionally and physically. There are so many different elements involved that it can be hard to determine what needs to be done and what doesn’t. To make sure you get the compensation you deserve in your accident claim, here are three tips to help you succeed. Wait before taking the settlement offer. While it is understandable that you are going to need money to pay for your medical bills and lost wages, you don’t want to jump into a settlement agreement that is going to end up costing you money. It is quite difficult to determine how much you are going to incur in medical debt before the end of your case. What you might think isn’t a major injury could end up being more severe than you think. By settling your claim early, you are giving up your right to go back on the company and pursue additional damages. You are far better off waiting until later on when you have a better idea of what you are dealing with and how long you are going to be off work. Avoid speaking to the insurance company alone. Even though you might not think it is that big of a deal to give a statement to the insurance company on your own, that could be one of the worst mistakes you will ever make. Saying one wrong thing could be the end of your case. If the insurance company thinks you are fine and don’t need to be compensated, they are going to deny your claim and you are going to end up fighting them for compensation. You need to wait until your attorney is present before speaking to the insurance carrier. This way, you make sure you get what you have coming to you. Doing everything asked of you. By taking the time to go to all of your medical appointments and physical therapy appointments and seeking the proper treatment for your injuries, you are showing the insurance company that you are invested in your health and well-being. You are also showing them how severe the injuries are and how dedicated you are to getting better and getting back on your feet. By taking the time to do the three things above, you can make sure you get the compensation you deserve in your personal injury claim. Contact a company like Kaston & Aberle for more...

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4 Reasons You Really Need A Bankruptcy Attorney

Posted by on Feb 10, 2016 in Uncategorized | Comments Off on 4 Reasons You Really Need A Bankruptcy Attorney

Filing for bankruptcy is something you definitely want to avoid, if you can, by establishing good credit and keeping your debt to income ratio low. However, if your credit is so bad that it is almost unfixable, filing for bankruptcy may be your best and only option to getting out of debt. However, before you file, you should consider consulting with a bankruptcy attorney. Here are four reasons why you really need one: You May Not Need to File: First off, you may not even need to file for bankruptcy. When you meet with a bankruptcy attorney for the first time, they can determine whether or not you truly need to file for bankruptcy. If you have other options, those will be disclosed to you and they may be options that you never even considered but would definitely be more helpful in your situation. However, if your bankruptcy attorney decides that filing is best, they will help you determine which type of bankruptcy to file for. For example, the most common are Chapter 13 bankruptcy and Chapter 7 bankruptcy. It’s important that you don’t file the wrong one.   You May Provide the Wrong Documents: When you file for bankruptcy, you have to provide the right documents that show the reasoning for filing. Your bankruptcy attorney will tell you what exactly these documents are. If you file with the wrong documents or lack of the paper documents, it can slow the process of filing, which just means that you are going to have to wait longer to get out of debt.    You Don’t Understand Property Exemptions: When you file for bankruptcy, you are essentially giving up your right to own your property. The property can be taken from you in order to help pay off your debts. However, there are some exceptions, which fall under property exemptions. You have to know what property qualifies for this and how to file for it. Your bankruptcy can help you do this, which can save you from having to give up a family heirloom or a piece of property that you absolutely need in order to work or help yourself stay out of debt in the future.   You May Not Receive the Proper Certification for Financial Management Courses: When you file for bankruptcy, you have to attend credit counseling, as well as financial management courses. If you take the wrong course, you can fail to provide the proper certification that allows you to continue with the process of bankruptcy. A bankruptcy attorney will know who to refer you to for proper credit counseling and financial management courses.  When you understand the reasons for the hiring a bankruptcy attorney, like one from Knollmeyer Law Office, you can see how it can both help speed up the process, as well as provide essential protection that you need during this financially straining time in your...

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Estate Planning: 5 Mistakes To Avoid When You’re The Personal Representative

Posted by on Jan 22, 2016 in Uncategorized | Comments Off on Estate Planning: 5 Mistakes To Avoid When You’re The Personal Representative

You’ve been chosen to be the personal representative for your parent’s estate. Being a personal representative comes with a lot of responsibility. You must make sure that you comply with the laws and rules governing estate handling. To prevent future problems, here are four mistakes that you should avoid. Failure to Get an Adequate Number of Certified Death Certificates You might think that you’re only going to need one certified death certificate. Unfortunately, that’s incorrect. You’re going to need several certified death certificates. While some places will accept copies of the death certificate, most will require the actual certificate. Here are three places that will require certified death certificates. Life Insurance companies Social Security Administration Probate court Failure to Identify Important Mail Your parents will continue to receive mail after they’ve passed away. Don’t simply toss that mail into the trash can before you’ve sorted through it. Insurance policies, legal notices, and medical bills may be in the mail you’re throwing away. You’ll need those documents to properly dispose of your parent’s estate. Failure to File Your Parent’s Taxes Even after a person passes away, the final year’s income taxes must be filed. It also important to determine if the previous year’s taxes were filed properly. The IRS has special forms that must be used when filing taxes for someone who has passed away. Filing your parent’s taxes will identify whether they had a tax bill left owing, or a refund of taxes paid that will come to the estate. Failure to Contact Social Security Administration If your parents received monthly social security checks, you’ll need to notify the social security administration in a timely manner. Failure to notify them may leave the estate responsible for repaying any overpayment your parents may receive. It’s also important for you to contact the Social Security Administration because there is usually a small death benefit that’s paid to the estate after someone passes away. Before you cash any checks that you receive from the Social Security Administration, you should call and make sure that your parents didn’t owe any money to the federal government. If they did, you’ll be required to return the check. Failure to Identify Safety Deposit Boxes If your parents had bank accounts, it’s possible that they also had at least one safety deposit box. Most banks provide safety deposit boxes to their customers. Be sure to make a list of each bank account your parents had. Make an inquiry at each bank to determine if your parents had safety deposit boxes. Those safety deposit boxes could contain information that you’ll need when representing their estate. Being the personal representative over an estate is a big responsibility. Use the information provided above to help avoid making costly mistakes.  For an estate planning attorney, contact a lawyer such as Jolein A. Harro,...

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