Category Archives: Legal

Accident at work

Compensation for Injury at Work

Accident at workEmployers have to make sure that the working environment is as reasonably safe as they can make it. Adherence to health and safety laws creates a healthy workplace. In the absence of a safe work environment, accidents can happen. Here’s where accident lawyers can help.

Even in an era of stringent safety, accidents are inevitable. Slip and fall accidents, repetitive strain injuries, machinery accidents, and exposure to excessive noise or toxic fumes have all occurred at business premises that failed to pay attention to health and safety regulations.

Claiming after injury

If the worker has reported his or her injury within 180 days of its occurrence (preferably sooner), he/she is entitled to compensation.  The injured person also needs to claim any medical expenses within a year and has up to six years to claim disability.

Compensation is provided through workers’ benefits, but if this is denied, workers may seek the services of a work injury attorney in Murray.

Benefits for injured workers

Benefits available to workers through their employer include:

Medical – All medical expenses incurred because of the injury are paid for, subject to acceptance by the insurance company.

Occupational Rehabilitation – Workers compensation includes a return to work program. It includes an assessment of the circumstances and support for the worker’s recovery. It aims to help the worker find employment again, either with the same employer or a new one.

DisabilityFinancial compensation is awarded to the claimant if the accident resulted in a temporary disability that limits his/her ability to work, or permanent disability that renders him/her unable to work at all.

Death – Should the worst happen, the worker’s dependents can claim up to $9,000 in funeral expenses.

Applying for benefits and waiting for an answer from the insurance company can take time and is often fraught with red tape. If claims are denied or reduced, an attorney can negotiate with the insurance company or ask for a compensation hearing on the worker’s behalf.

If you have been injured at work and aren’t getting the benefits you deserve, hiring a work accident attorney will greatly improve your chances of making a successful claim.

How You Can Help Your Lawyer Win Your Case

Lawyer and client having a consultationIf you have a case and you want to have your day in court, you know you would need the help of a lawyer because you lack the necessary knowledge and experience to handle the legalities. Many attorneys in New York can help you resolve any case, but you also need to do the following.

Keep time

One lawyer often handles several cases at the same time. Dealing with all these clients takes up a lot of a lawyer’s time, and they make sure that each second counts. Many attorneys are punctual and often charge by the hour for a consultation, a meeting, or a day in court. Make sure that you keep a record of the length of your meetings and the kind of arrangements you have made for that day.

Bring along documents

If your case involves issues of land, property ownership, or marriage, it’s essential to hold the necessary documents. Your lawyer would know which documents are required for your case, and they could also process any required documentation you would need for your circumstance.

Prepare your evidence

If you have any evidence that supports your case, whether it is physical, documentary, or demonstrative (photos or videos), make sure that you have a copy and they are all duly signed and sealed. If you are in an accident, make sure to find witnesses who could provide eyewitness evidence. If you have any injuries, make sure to go to a hospital and have a doctor sign a medical certificate of your treatment.

Having a lawyer guide you through your case is critical, but you should also know how you can help your legal counsel so you won’t have to spend too much on legal services. Knowing what you need for your case is half the battle, and a good counsel on your side is a sure way to have your day in court.

Things You Need To Know About The Child Custody Process

Little girl resting on her father's shoulderBattling for child custody is often entails a couple facing one another to see who may appear to the court to be more suited to provide better nurturing. Although hiring a child custody lawyer in Kent like Feldman & Lee PS can help you with the case, understanding a few facts about it may help you gain more grounds.

Here are a few facts that you may want to know regarding the entire child custody battle.

Fully prepare for the case

It’s essential for a person to prepare emotionally and mentally for the case. Preparing important documentation to support your claim and other details that’ll help you show that your spouse is not fit to raise your child is essential. Since several family lawyers are more than willing to take a child custody case, you may want to choose the right one that has enough experience to help you with it. According to HG.Org, a custody case may change quickly, so ensure that you’re in constant communication with your former spouse.

All decisions are final

Once the court has decided the final verdict on the child custody, it’ll be very hard to change the outcome. Courts are stern when it comes to making any significant changes to the custody order once it’s placed. So the person who requests for a change must have definitive proof that the request is for the best interest of the child.

Extended family may come into play

Little do most people know it but the extended family member can play an important role when it comes to obtaining the primary customer of the child. It commonly involves the grandparents of the child or maybe the child’s aunts and uncles depending on the process.

You always have to consider the best interest of the child when going on a custody battle. That’s why it’s essential to hire a legal representative to help you win the case.

Basic Steps in Filing for Child Support

lawyer for child support servicesEvery child needs all the help that they can get, especially when they are at the age of cognitive development. That is why in Colorado Spring, it is essential to seek help from a lawyer to obtain child support that your child needs. Understanding the basics behind it will help you learn more about the process as you go along. Here are the basic steps in the child support process to help you understand everything about it.

Open a Child Support Case

Opening a case is one of the first steps that you need to take when filing for child support. According to Support Pay, depending on your county and your financial status, you may already be enrolled in a program to receive compensations. If you are going through a divorce, the case will be included with the procedure itself.

Find the Noncustodial Parent

To receive or enforce a support order, or even establish paternity, you must know the location of the noncustodial parent. Based on an article posted on the Division of Child Support Services, it may take a few months to receive child support if you do not know the location of the other parent.

Establish Maternity or Paternity

It is essential to establish maternity or paternity to have a legal provision in obtaining child support. If you fail to prove that the child is related to the father or the mother, then the entire child support process may be more challenging.

These are just the basics of the child support process. It is best to coordinate with an attorney who specializes in child support so that you can get the guidance that you need. Working with a law firm who understands your situation is essential to help you learn everything that you can about the entire process.

There is No “Order in the Court” in a Child’s Eyes

Mother and Daughter Talking to LawyerAnnually, there are about 100,000 children who go on the witness stand in the US. Children undergo legal proceedings for various reasons. They may be witnesses to a violent crime or a victim of maltreatment, abuse, or neglect. Or, they may be asked to take the stand in a volatile divorce case. This kind of contact with the legal system is often a negative experience for children.

The Courtroom can Pressure Children

In cities like Long Island, a no-fault divorce can be filed. In this case, children don’t have to testify. But, in other circumstances, children are brought in family courts for divorce trials or custody hearings. They are asked to testify against a parent, even though they naturally don’t want to. Alternatively, a judge can talk to the children alone. Still, this can be overwhelming.

Criminal courts are more intimidating to children, though. These settings often apply pressured upon a child to answer questions they don’t quite understand. The unfamiliar faces of the judge, the jury and the lawyers may make them anxious, too.

The Courtroom can Confuse Children

Children don’t have a grasp of the concept of law. They cannot comprehend courtroom jargon. Additionally, the memory and communication skills of children are not yet fully developed. It’s challenging for children to accurately retell a story and answer questions.

As they don’t completely understand the weight of their statements, children witnesses may distort or leave out details. At times, they give inconsistent reports.

Although children can be reliable witnesses, their suggestibility can discredit them. As witnesses, children are more easily swayed and influenced, sometimes making their accounts inaccurate.

The Courtroom can Traumatize Children

Many time, a child witness relives a traumatizing experience in the courtroom. This results in their tendency to alter the story and leave out the disturbing details of such. Also, being in the same room as the defendant may cause a panic attack. Victimized children witnesses may hesitate to give statements because they fear for their safety.

The legal proceeding may cause emotional turmoil and mental angst to children witnesses.

If there is a need for children to testify in court, parents and child psychiatrists should support and protect them. The courtroom is a generally stressful place – more so to children. Because they are vulnerable, this experience may trouble them for a long time. The law should be considerate in their well-being throughout the process.

ending a civil partnership

Ending A Civil Partnership

ending a civil partnership between a lesbian coupleTerminating a relationship is more difficult for people who are in a civil partnership rather than a marriage. Civil partnerships can only end by court order through a process known as dissolution. Alternatively, people who do not want to dissolve their civil partnership, can opt for a legal separation.

Ending a civil partnership is ideal when both parties have reached a mutual agreement and this can be done with the help of an experienced family solicitors in Portsmouth, like Andrew and Andrew Solicitors Limited. Each party should submit paperwork to court and ask for a permission to dissolve their partnership. Ideally, ex-partners should share a common approach to children and alimony. Moreover, a family solicitors in Portsmouth can help them divide money and property and there is a specific deadline for this in compliance with the law.

Reasons for Ending A Civil Partnership

The grounds for terminating a civil partnership are very similar to those applied for divorces. However, adultery is not a valid reason. Ex-partners can plead for unreasonable behaviour, desertion or separation. Statistically, most civil partnerships in the UK end as a result of unreasonable behaviour, while desertion cases are rarer.

Filing an Application

A family solicitors in Portsmouth will inform each prospective client on the steps they should take for dissolving their partnership. A dissolution application is the first step. Once this is filled and sent to the court, the court will send a copy of the petition to the other person involved in the partnership. If they agree, the next step is to apply for a conditional order.

Conditional Order

A conditional order is a legal document that enables two people in a civil partnership to proceed with the dissolution by declaring their mutual desire to separate. If a partner does not agree, they can contest the conditional order and in this case, a court will formally grant it.

Final Order

If a conditional order is agreed by both parties, either one can apply for a final order, which is the last step of the procedure. The final order is granted when the court decides that everything is done properly and the need of the children — if any — are properly met.

Signs of Divorce: When You Know It’s Time

a conflict between a married coupleDivorce is just one of the options when you have a problematic marriage. Some can work on their behaviors to revive the marriage, but other couples decide it's better to call it quits. 

If you are unsure for now, it's time to start looking for clues that say it's better to stay together or to go your separate ways. These are some things to ponder: 

What Made You Think of Divorce?

There is that one word, thought, or action that makes you think you want to divorce your partner. Sometimes it doesn't end up happening, but when you reach the final straw, you know there's no turning back. Before you contact a divorce attorney in Kent, think about your reason and how sure you are that this is the next step you want to take. 

Has Your Partner's Behavior Changed Drastically? 

You might not notice it happening over time until one day you just wake up and realize you don't look at your partner the same way anymore. And it could go both ways. If they have stopped making an effort and you feel unappreciated, finding attention from someone else seems to be the next best thing. If both parties do not value the marriage anymore, divorce is a smart move. 

Is There Any Way to Fix Things? 

When you notice your partner becoming cold, you don't just turn your back on the marriage all of a sudden. The logical step is to talk to them about their behavior and see if they do better. If the love is still alive, you'll both do your best to show your appreciation for each other. Some marriages recover this way, but if it doesn't work for your marriage, then you might just be fighting a losing battle. 

There is a finality linked to divorce that makes it a hard pill to swallow. When all the signs point here, however, think about the relief you'll feel afterward. 

Ex-couple signing their divorce papers

Why Say No to a Bad Divorce Advice

Couple signing their divorce papersWhen you and your spouse finally decided to get a divorce, you’re likely to get advice from friends, family members, and other people. Most of them want to help and support you, but this doesn’t mean that you should all follow what they tell you. This is because in some circumstances, their advice can be harmful and negatively affect your divorce settlement.

Albuquerque divorce lawyers share a few pieces of bad divorce advice you should ignore:

  • Stay together for the sake of the kids. If you truly love and care for your kids, you wouldn’t want them to see mom and dad constantly arguing and fighting. Staying in a dysfunctional or an abusive marriage can hurt and harm your kids more. If you honestly believe that divorce is best for you and your kids, there is no reason to stay married just because someone tells you to do so.
  • A DIY divorce can save you money. While there are plenty of divorce resources online, you still need to hire a divorce lawyer. You should also keep in mind that family law is complicated and it is easy to commit mistakes. It is advisable to consult a divorce attorney to protect your rights and have a great fighting chance in getting the settlement you deserve.
  • Your spouse should pay for it. If your spouse has done something wrong that led to a divorce, punishing them may seem fair. Getting even or taking revenge, however, can only backfire. It can lead to more stress and expenses, especially if you try to do everything you can to reveal their secrets. It can also cause more hostility and resentment later on.
  • You need to stop feeling sorry for yourself. Divorce is a heartbreaking time for most people, so you need time to grieve and heal. It is okay to feel sad, angry, upset, and sorry for yourself (for a short time), as they are part of the grieving process. Acknowledging those feelings can even help you move on. You can also talk to a counselor or get emotional support from close friends.

These are just a few of the bad divorce advice you shouldn’t pay attention to. If you want your case to go smoothly, only get advice from an experienced divorce attorney.

What Skills Do Efficient Criminal Defense Lawyers Have?

Female lawyer with blurred male lawyerCriminal defense lawyers must have the necessary skills to perform their responsibilities effectively. These lawyers experience different challenges in representing their client. Their work demands mental toughness and emotional neutrality at all times.

In Provo and more key cities, law firms offer the services of skilled criminal defense lawyers. These legal experts ensure their clients’ rights are protected. For criminal defense lawyers to be successful, they should have the have the following skills:

Research Skills

Every criminal lawyer needs extensive research skills. They should be able to conduct thorough research on different related factors in the case. For instance, they need to do legal research to strengthen the case against the prosecuting side.

Communication Skills

Criminal defense lawyers should have good communication skills. In their writing, they should exhibit an excellent command of the language, a professional tone, and familiarity with legal terms. Their communication skills should also be evident when speaking.

Lawyers, in general, must be firm, articulate, and sensible in the way they speak, especially in a courtroom setting. Communication skills are essential for lawyers to convey their message easily.

Analytical Skills

Criminal defense lawyers must have precise analytical skills. Their job is in a fast-paced and highly stressful environment. They need to be able to analyze information quickly to prove their arguments and make decisions in certain situations.

The more experience a criminal lawyer has, the more they can develop these analytical skills. Quick analysis and thinking would enable the lawyer to represent his or her client well and present a stronger case.

Criminal defense lawyers are mentally and emotionally strong to perform their responsibilities. All of the skills mentioned above will help them develop into efficient and competent lawyers serving the legal concerns of their clients.

Wrongly Accused of a Crime? Here’s How to Handle the Situation

Man wrongly accused and needed a lawyerFacing false charges of a crime you didn’t do can be stressful. Imagine yourself in prison for years knowing that you had done nothing wrong. Your life will be over, and you will lose everything you have.

Unfortunately, this situation is common in the US. An article from National Geographic published in 2014 points out that false conviction rates are at 4.1 percent — a shocking revelation knowing that some innocent people can, in fact, suffer on death row.

If you or a loved one is facing a wrong accusation of a crime, remember the following:

Hire a lawyer

Never take anything lightly, even if you know that you’re innocent, so getting a criminal defense lawyer from Marysville is crucial to your case.

Don’t wait until the investigation is over. You need protection from the first moment you face the accusation. Your lawyer will also help you document your case and will consider every significant detail in your defense.

Know your rights

When a police officer handcuffs you and reads your Miranda rights, don’t even attempt to explain yourself. Staying silent is necessary even if you feel that the entire world needs to listen to your story.

Don’t contact witnesses or other investigators

It might tempt you to talk to the victim and the witnesses, but know that this will not do you any good. Remember also to avoid speaking with other investigators or the police without your lawyer present.

Your journey will not be easy. During the early stages, the court will label you as a criminal, so expect to be treated like one. But, knowing these important points can help make things easier for you in the process and prevent you from losing your case in the end.