What Is a Legal System?

Have Bipolar Disorder? You Can Still Make A Worker’s Compensation Claim

Posted by on 3:46 am in Uncategorized | Comments Off on Have Bipolar Disorder? You Can Still Make A Worker’s Compensation Claim

If you have bipolar disorder, you may find it difficult to work in certain situations. If your employer is aware of your mental illness, they should be aware of what you can and cannot handle. Below is some information about what can cause you to make a claim as well as some tips to help you get your worker’s compensation claim approved. They Cause Stress Stress is very bad for someone that has bipolar disorder and can quickly make their symptoms much worse, such as having a panic attack. If your boss is aware of this and continues to give you more work than you can handle, this would be a worker’s compensation claim if this causes you to have problems, such as panic attacks. Your boss may put you in situations that cause a lot of stress, such as speaking in front of a lot of people. Working in a hostile work environment can also cause a lot of stress. This could be someone in your office, such as your boss, often screaming and shouting. This is especially true if you feel your boss is signaling you out, which can make you feel victimized. Instead, your boss should talk to you calmly in their office. You Can Hire a Worker’s Compensation Lawyer It can be more difficult to win a worker’s compensation claim due to a mental illness. This is because your illness cannot be seen like an injury, such as a broken bone. For this reason, you should hire a worker’s compensation lawyer that has experience working with these types of cases. The lawyer will ask you to provide them with medical proof that you have bipolar disorder. This is important, as this can help you win your case. Your doctor could write a letter stating the exact symptoms you have and what can cause your symptoms to become worse, such as stress. The lawyer has to prove that your stress was due to your work or aggravated by it. They will likely use professionals to make this determination also, such as trauma specialists and psychologists, along with your doctor. From your doctor’s information and the findings of these professionals, your lawyer will start to build your case. Your claim may have to go to trial, and if so, your attorney has to persuade the jury of your mental illness. This is because the insurance company may not see that your mental health problem is part of your worker’s compensation claim. Your worker’s compensation attorney can go over all of this with you in more detail so you can understand how the process will work. For more information, contact local professionals like Bishop Dorfman Kroupa & Bishop...

read more

3 Alternatives To Drinking And Driving

Posted by on 7:42 am in Uncategorized | Comments Off on 3 Alternatives To Drinking And Driving

When you’re at a party and have had a few too many drinks, it can be far too tempting to hop in your car and head home. However, drinking and driving is incredibly dangerous and can even be deadly. Even if you do not get in an accident that causes anyone to be injured, you could end up going through a DWI checkpoint or could get pulled over by law enforcement, which could put you in a very serious and very expensive legal situation. There is truly no reason to risk all of these things by hopping behind the wheel when you have been drinking. These are a few alternatives that you can consider. 1. Designate a Sober Driver Designating a friend or family member as your designated driver for the evening is usually the safest and most convenient option for many people. Make sure that you choose someone who you can trust to remain sober throughout the night. One option to “talk someone into” doing so is to offer to be the designated driver for the next party or night on the town. Even if you do have a designated driver, however, it is important to have a plan B in mind in case your friend does choose to drink or if he or she has to leave for an emergency. 2. Take Public Transportation Depending on where you live, public transportation could be a good option for making it home after you have been drinking. Taking the bus, subway, or monorail can be a good choice, but make sure that you are careful about taking public transportation when you are inebriated and could be more at risk when in public. Having a friend accompany you or limiting your drinks can help. Another option is to take a taxi cab, Uber, or Lyft. 3. Ask to Crash Some people are embarrassed to ask their hosts if they can spend the night after a party, but you might be surprised to find that the host is more than accommodating. Another option is to look for a nearby hotel; even though it might not have been in your original budget to pay for a hotel for the night, doing so can be much more affordable than getting a DWI. There are so many other options than drinking and driving. Whether you are going to a party or are heading out for a night of drinks on the town, trying one of these options for getting home is a far better choice than attempting to drive home after consuming alcohol. If you do still end up in trouble, contact a DUI lawyer like David A. Mansfield as soon as possible to ensure your case is handled...

read more

Not Your Usual Exam: What To Know About The Workers’ Comp Independent Medical Exam

Posted by on 12:18 pm in Uncategorized | Comments Off on Not Your Usual Exam: What To Know About The Workers’ Comp Independent Medical Exam

For those who suffer from an on-the-job injury, you can rest assured that workers’ comp insurance will cover you for your medical expenses as well as provide you with a portion of your salary while you stay home and get better. At some point, once you have been collecting benefits for a while, you may receive a request to undergo a particular type of medical exam called an independent medical exam (IME). Read on to learn more about this type of exam and what it could mean for your ability to continue to get workers’ compensation benefits. What is an independent medical exam? The workers’ comp insurance agency uses guidelines based on past injuries to estimate how long you are expected to be out of work due to your specific injury. If a certain amount of time has passed and you claim to still be unable to return to your job, you may be asked to undergo this exam. It should be understood that simply being asked to undergo this exam is not an indicator that you are about to lose your benefits, but is instead a sign that the workers’ comp insurance agency needs additional information about your injury and your treatment progress. What could happen as a result of the IME? The IME will result in 3 possible outcomes: 1. Your injuries appear to have healed enough for you to return to work. 2. Your injuries are healing, but you need more time off work to recuperate. 3. Your injuries are not going to heal, and you are suffering from permanent injuries. How should I handle the IME? Be prepared for this exam by reviewing your past medical information and refreshing your memory. Re-read your accident report and review all past medical treatments, surgeries, hospitalizations, therapies and medications prescribed. The need to be consistent with your facts and information cannot be overemphasized; the lack of consistency could make it appear that your claim is fraudulent or not serious enough for continued benefits. Do not hesitate to bring any paperwork or records with you to the exam. The IME doctor, who is chosen and paid by the workers’ comp insurance agency, will question you and examine you thoroughly, paying particular attention to the body part or parts that were injured. Don’t be afraid to speak up and tell the doctor exactly how much pain or discomfort you are continuing to experience and about the effect that the injury has had on your life in general, including the emotional effects. If you feel you are being denied the workers’ comp benefits to which you are entitled, contact a workers’ compensation attorney...

read more

What Factors Go Into Making A Wrongful Death Claim

Posted by on 6:11 am in Uncategorized | Comments Off on What Factors Go Into Making A Wrongful Death Claim

When a loved one has been killed due to the actions of another, by way of an accident or perhaps medical malpractice, their loved ones have the right to gain restitution. If the person who caused the accident is not held criminally liable, then it’s possible to seek justice through the civil courts. How can you win a wrongful death claim? There are certain facts that can help you prove your case more effectively. How Is a Wrongful Death Suit Judged? The majority of wrongful death lawsuits are judged based on several factors and will vary depending on how your loved one was killed. These factors include the insurance coverage of the defendant and how much it would cover in the event of a win for you and what kind of assets they have, for example, if they own their home or have vehicles. Also taken into account in a wrongful death lawsuit are accident reports provided by the police, eyewitness accounts, including passengers in the vehicle, video footage and physical evidence such as skid marks, road conditions, weather and lighting factors, any potential mechanical issue with both cars and a number of other factors that could have lead to an accident. For a medical malpractice lawsuit, the doctor’s medical practice history is taken into account, possible lack of training with certain procedures and if there had been any reports of incidents of a similar nature or other such injuries stemming from this doctor in the past. How Does the Victim Play Into It? There are other factors that the court will look at in determining a wrongful death lawsuit. For example, the court will look into the life expectancy of the person who was killed. This can help in two ways. The first way is to determine the amount of damages the loved one’s family can receive, and it also helps to determine if they might have lived if not for issues that might have come up during the medical procedure if the person died due to medical malpractice. The court can determine this by looking at the person’s age, medical history, lifestyle and even occupation to help judge the case fairly. The court may also take a look at how much financial support the person’s family will lose as a result of their death. This is based on how long they have worked at their career and potential future earnings that will have been lost. Continue reading more...

read more

A Few Reasons To Hire An Auto Accident Lawyer

Posted by on 11:27 am in Uncategorized | Comments Off on A Few Reasons To Hire An Auto Accident Lawyer

If you are ever involved in an auto accident, it is always a good idea to talk with a lawyer experienced in dealing with this kind of situation. Not only will he or she know how to work with insurance companies, but will also understand the different laws regarding who has to pay what and how much compensation you should expect to receive. Even though most car accident cases are settled without going to a trial, it is important you have legal representation to help you completely understand the settlement. Here are just a few of the situations you may come up against. Insurance Limitations When there are serious injuries involved in the car accident, the person at fault may not have enough insurance coverage to pay for everything. When this happens, your auto accident lawyer will work with your insurance company to help pay the difference. If there is still not enough coverage, you will need to have a judgement set up against the other party. Sometimes this can be taken care of when the person sells a piece of property, but many times it will be something that sits without being paid for many years. Your lawyer will make sure there is a lien against any property, life insurance payments, or inheritances to fulfill what is owed to you. Signing Away Rights If you decide to take the insurance company’s offer of settlement, you need to be sure that it is enough to cover your expenses. An experienced lawyer will work with your medical team and any mechanics working on your vehicle to find out what type of expenses you will incur. Your lawyer can also make sure that if you will require long-term medical care that it will be included in the settlement. You may receive a lump sum once the case is settled with additional payments if there are more medical bills tied to the accident. Usually this amount is limited to a specific amount of time and you will need to have definitive proof that the accident was the cause. Even if you were only slightly injured in the accident, it is a good idea to consult with an auto accident attorney. Many will give you a free initial consultation and will not require any payment until after the case settles. It certainly will not hurt to have someone experienced with the whole process on your side. For more information, contact companies like Knafo Law...

read more

About Ending An Abusive Marriage With A Prenuptial Agreement Involved

Posted by on 6:20 am in Uncategorized | Comments Off on About Ending An Abusive Marriage With A Prenuptial Agreement Involved

Do you need to get out of an abusive marriage that includes a prenuptial agreement? If you are worried about the situation you will be in if a divorce is filed, you may have more rights than you think. All you have to do is seek help from a divorce lawyer to find out if the prenuptial agreement can be contested. Take a look at this article to find out how a lawyer can help with your situation during the divorce process. Discuss the Type of Abuse Involved Your lawyer will ask you a lot of questions about the nature of abuse that you go through in the marriage. Make sure that you are completely honest, even if you are embarrassed about anything. If you can provide any evidence of abuse, hand it over to the lawyer. For instance, if you have taken photographs, your lawyer will need them to build your case. You can also expect him or her to investigate the situation to find out if there are any witnesses that can speak for you in court. Figure Out if the Prenuptial Agreement is Valid You must keep in mind that signing a prenuptial agreement does not mean that you must abide by it in a divorce. It is possible for the agreement to be considered invalid in the eyes of the law. If your spouse forced you to sign the agreement before marriage and did not allow you to read over it, it is likely invalid. The agreement might also be invalid if you did not know what you were getting into at the time that it was signed. A lawyer will thoroughly review the agreement to find out what your rights are. Assist with Your Safety During the Divorce Divorcing an abusive spouse can be a scary situation, especially if he or she is making threats. A lawyer can file for an emergency court order that will make it mandatory for your spouse to leave until the divorce is settled. He or she may also be required to avoid making any contact with you during the process, such as through a restraining order. The restraining order can also cover any children that are involved in the marriage so you don’t have to worry about their safety. Keep in mind that abuse can nullify certain rights of your spouse, even if they are written in the prenuptial agreement. Get in touch with a divorce lawyer so you can begin the process of ending your abusive marriage in a safe...

read more

Do You Need A Divorce To Escape Your Abusive Spouse? What To Consider

Posted by on 6:31 am in Uncategorized | Comments Off on Do You Need A Divorce To Escape Your Abusive Spouse? What To Consider

If you are experiencing domestic abuse and you are considering a divorce, you want to meet with a divorce lawyer to talk about the safest way to go through with the process. You want to be sure that you can file without your spouse coming after you or trying to abuse you, and that you have somewhere you can go for protection from your abuser. Here are few of the things it would be best to have when you go to meet with the attorney. Proof of Abuse Do you have physical proof that you’ve been abused? Here are some great types of evidence you’ll want to have for your case: Pictures of bruises or markings Eye witnesses that have seen the signs of abuse on your body Messages or written talk of the abuse from the abuser Police reports or complaints of abuse or disturbance at your household Threats from the abuser These are going to be a key to show why you want the no contact order, and why you want to file for divorce. A No-Contact Order You want to file for a no-contact order so it’s illegal for your spouse to contact you after you file for the divorce. This way, they know they will face legal consequences if they try to call you or meet up with you in person. You will need to have evidence of abuse to get the no-contact order approved and put in place when you file. Divorce Settlement Work on a divorce settlement with your lawyer so you can present the settlement to your spouse as soon as you file. They may be willing to settle the divorce to get everything over with quickly if they notice that you are very serious about following through, and if they aren’t able to contact you. The lawyer can work with you to make the settlement fair and detailed, so you can get everything over with quickly. There are a lot of different advantages to meeting with a lawyer and getting the protection in place before you file for divorce, instead of filing for divorce and then waiting to see if the abuser wants to abuse again. Talk with an experienced divorce lawyer at a law firm like McKissick & McKissick and bring all of your information and proof so you can get your case started, and so you can get closer to being safe from your...

read more

Court -Ordered Visitation: What You Need To Know

Posted by on 11:18 am in Uncategorized | Comments Off on Court -Ordered Visitation: What You Need To Know

Whether you and your spouse were able to work together to create a fair, workable child visitation agreement on your own or whether the family court intervened and created one for you, you should know that you are obligated to follow the order. Since child custody, support and visitation can be among the most contentious of issues when divorcing, the potential for problems when working with the ordered plans can be high. Once child visitation is set, you or your ex-spouse cannot modify the plan by denying visitation, so read on to learn more about how to handle some common child visitation issues. Should You Deny Visitation? Problems can arise, and in some circumstances you may not want to allow your ex-spouse their court-ordered visitation. Tread very carefully when denying visitation: you must keep the best interest of the child at the forefront of any actions you take to prevent the non-custodial parent their visitation. If you allege bad behavior on the part of your ex, be prepared to show proof of that wrongdoing before a family court. Emergency suspensions of child visitation could be warranted if you suspect (or know) that child abuse is occurring with the non-custodial parent. Make sure that you contact the police first, and then your attorney to request the suspension and to schedule a visitation modification hearing. Make sure that you gather as much proof as possible for the hearing, including the police report and medical records. The same route should be followed for any allegations of alcohol or drug abuse. Be aware that proving these allegations is both important and tricky. Without an arrest, you may have only your suspicions to show the court. If you are found to be making false accusations, your custody arrangement could be placed in jeopardy. Remember, the courts place the best interest of the child at the top of the priority list, and a parent who makes false claims is not demonstrating good parenting. You Should Not Deny Visitation for These Reasons Child support non-payment. You can be excused if you are under the impression that a parent who fails to meet child support obligations has no rights to their court-ordered visitation, but this perception is entirely false. Unlike the connection between child visitation and child custody, child support and child visitation are completely separate issues. That does not mean that it’s okay for your ex to miss or fall behind on child support payments, however. You must take legal action against your ex-spouse, and most states pursue deadbeat parents quite vigorously, with penalties for non-support ranging from wage garnishment to jail time. That being said, you must continue to allow your ex their visitation unless you can show good cause to have the visitation order amended, and non-payment of support is not a valid reason. Ex-spouse in new relationship. Unless you can show that the new relationship is endangering your child in some way, this is never a reason to deny visitation. The new situation does merit close scrutiny, however, since any new person in your child’s life could be a potential bad influence or even a danger. Minor issues. The courts expects parents to settle minor problems without their intervention. Issues like late pick- ups or drop-offs, poor meal choices for the child, letting...

read more

On Living Trusts: A Few Commonly Asked Questions

Posted by on 11:48 am in Uncategorized | Comments Off on On Living Trusts: A Few Commonly Asked Questions

A living trust operates in much the same way that a trust does, except that a beneficiary to oversee the affairs of your estate and property is named and given reign while you are alive. You can even name yourself as the beneficiary of a living trust. There are a few questions that you might have about living trusts, however. Read on, and a few of the more common questions will be answered for you. Does the Grantor Require an EIN? An EIN, or Employee Identification Number, might be required on behalf of the grantor for tax purposes. In cases where the government does ask for an EIN from the grantor on various forms and sheets, the grantor can simply write in his or her social security number. After the grantor dies, however, the person who become the successor to the living trust will be assigned a specific EIN by the IRS that will differ from his or her social security number. Should You Make a Living Trust? If you are sure you know who you want to inherit your assets and property and do not want your family to go through the process of probate court, then you should invest in the time and effort of having a living trust drawn. Probate court is a process wherein the court decides who will inherit your property, assets, and debt. Much of the profits and assets that your family stands to inherit can wind up going toward court fees during this time, so it very well may pay to hire a lawyer who specializes in wills and trusts, such as a professional from Donald B Linsky & Associate Pa, to draft a living trust on your behalf. Will You Still Need a Will So Long As You Have a Living Trust? In a word: yes. Simply put, a living trust will name a beneficiary for your current assets. This means that any assets that are not listed—assets that were either forgotten or accrued after the living trust was drawn—may be considered to be in legal limbo without an inheritor. A will can make for broader provisions than a living trust can. You can, for example, declare that all property and assets not covered by the living trust can be transferred to the beneficiary of the living trust, or you can declare that certain things should be transferred to other individuals who are not the beneficiary of the living trust. If you don’t have a will, and some asset or property is not covered by the living trust, the property in question will be transferred to your closest relatives as determined by your state’s law....

read more

Injured While On A Playground? Know Your Rights

Posted by on 1:35 pm in Uncategorized | Comments Off on Injured While On A Playground? Know Your Rights

Accidents that happen on a playground can be relatively harmless or traumatic if it causes a very serious injury. If the injury occurred at a school, daycare, or local park, it’s possible that you can receive compensation for the damages. Know when you should contact an injury lawyer to help with a personal injury claim. The Playground Is In Disrepair A playground should be maintained with working equipment for safety reasons. If the playground you were at had equipment that was clearly broken and in need of maintenance or an inspection, the blame could fall on another party for not doing their job. Disrepair extends beyond just playground equipment. Even pavement this is crumbling can be a safety hazard that the owner is responsible for maintaining. The Playground Was Not Supervised If your child was injured at day care or school, it’s typical for playground activity to be supervised by an adult. If the injury happened because those adult supervisors were being negligent and not performing their duties, you could have a personal injury case on your hands. Negligence can happen by being distracted, which includes a supervisor being on their cell phone or talking with another employee. If they allowed an accident to happen that is preventable, they could be found liable for it occurring. Liability can also happen because there are not enough supervisors out on the playground. State laws apply to daycares where specific children to adult ratios must be enforced at all times. An Injury Was Caused By A Child or Animal Some situations would place liability on a pet owner or another parent. This is common at a public park where every adult must be responsible for who they are with. This extends to both their own children and pets. If a pet owner is letting their dog run loose around the park, they would be responsible if their dog were to bite a small child. A parent must control their child if they are being aggressive to other children on the playground and causing injuries. The Playground Does Not Have Proper Notices A playground should have size or age limitations posted so that you know what equipment is safe for your child to play on. If there are not any notices posted at the playground, it may not be your fault if your child is hurt playing on equipment that was not designed for them because they are too young. When one of these situations applies to you, work with a lawyer about making a personal injury...

read more