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What Are Your Options For Dealing With A Probation Revocation Request?

Posted by on Nov 28, 2016 in Uncategorized | Comments Off on What Are Your Options For Dealing With A Probation Revocation Request?

Ideally, you should follow the rules of your probation so you can complete your sentence and move on with your life. Unfortunately, this does not always happen. If you have violated your probation terms, here is what you need to know.   What Consequences Could You Face? After your probation officer files a revocation motion with the court, a judge is tasked with reviewing the circumstances of your case and determining whether or not to grant the officer’s request. When the revocation motion is filed, an arrest warrant is typically issued. Depending on your county’s laws, you could be forced to stay in jail until your case is heard by the judge.   Once the judge has reviewed your case, he or she can choose to either send you to jail or prison to serve out the suspended sentence or extend your probation. If the judge allows you to continue on probation, additional terms might be added to your terms. For instance, the judge might require you to report to the probation officer more often.   The judge could even add time to your original sentence. You could additional fines for the extended period.   Can You Fight It? As with your original legal matter that resulted in the probation order, you can fight the revocation motion. The best argument that you have against the allegations of the probation order is that you did not do whatever prompted him or her to file the motion with the request.  For instance, if the officer filed because you failed to obtain employment, you could present evidence to show that you are employed. If you are self-employed, you will need to show that you are generating income to support yourself and that your business is considered legitimate.   If the allegations are true, you have to argue that you should be allowed another chance to follow the terms of your probation. Your argument should be shaped to fit the allegations.  For instance, if the officer requested the revocation because you were not attending drug abuse counseling as directed, you could argue that you did not have transportation to attend or that you were working during the available counseling hours if those arguments apply to your case.  Due to the seriousness of a revocation motion, it is important that you consult with a criminal defense attorney from a law firm like Abom & Kutulakis LLP. The attorney could potentially work with the probation officer to settle the matter without even going to...

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The Logic Of A Slip And Fall Injury Case

Posted by on Nov 4, 2016 in Uncategorized | Comments Off on The Logic Of A Slip And Fall Injury Case

Slip and fall injury cases commonly have a specific logic that they follow. In order to have a successful trial, you will need to work with your personal injury attorney to make sure that they key points of a slip and fall claim are met. Here is a guide to the parts of a great slip and fall liability claim. An Overview Overall, your first responsibility is to show that the defendant had an obligation to protect you at the time of the accident. This could mean that you were on their personal, private property or that you were a paying client of theirs and were injured as a customer. Your personal injury attorney will also need to prove that the other party was negligent; you’ll need to show that they didn’t do a reasonable job of preventing injuries in the scenario. The final piece is to show that the injury was their fault as a result of these other key points. While this will give you some idea of what the overall argument will look like, you’ll need to delve into each part to pull out the most important details. Differing Levels of Liability For one, there are some caveats to liability. Even if you were on someone else’s property or acting as a customer, you may be in a limited liability situation. For instance, if you weren’t invited to be in the area that you were in, such as if you were intruding on private property or were in a restricted access area of a restaurant or business, then some of the liability is on you. If you signed any waivers for using a service and got injured anyway, there may be a limited return on your claim as well. Proving Negligence Proving negligence is key in these slip and fall injury cases. If there was poor lighting, or the ground conditions were poor or unlabeled, then you have an easy reason for your fall. If the cause of the fall isn’t as obvious, you might need to hire an engineer or other specialist to show the mechanics of your fall and point out potential causes that are the company’s fault, such as ground that is slightly uneven or distorted to the eye. Proving Responsibility Finally, you’ll need to be sure that the problem can be pinned on the company or other party, and not yourself. Showing that your behavior was level-headed will be a big part of a successful argument. Click here for additional...

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Can Your Employer Force You To Take A Polygraph? Can You Be Fired For Refusing Or Failing It?

Posted by on Oct 13, 2016 in Uncategorized | Comments Off on Can Your Employer Force You To Take A Polygraph? Can You Be Fired For Refusing Or Failing It?

When something important goes missing at work—whether it’s money, merchandise, or intellectual property—can your employer demand that you take a lie detector test? If you fail it, can you be fired? These are the facts you should know in order to protect yourself from what essentially is little better than junk science. Polygraphs simply aren’t reliable. While proponents of the test say that they’re about 90% accurate, some rather reliable sources disagree. Critics point out that the test relies not only on a person’s physiological response to stress but the assumption that everyone physically reacts essentially the same way to lying. It’s been proven several times over, however, that polygraphs can be beaten by skillful liars—or even ordinary people that have trained themselves to be calm when faced with nerve-wracking questions. The National Academy has said the scientific evidence of the accuracy of polygraph test for employee screening is extremely limited and doesn’t support the idea. The American Psychological Association has said that while they may be slightly better than flipping a quarter to determine the truth, they have significant error rates with a lot of false positives and false negatives. Government employees or contractors have little protection against forced testing. Government employees or contractors who have to obtain (or keep) a security clearance in order to get (or keep) a job are stuck in a difficult position if they’re asked to take a polygraph. if this applies to you, you can technically decline to take the exam—but don’t expect to pass the security clearance check. Most of the time, you’ll be given more than one chance to pass the exam, but you may want to consult with an attorney who deals in employment law and security clearance matters after the first failed test. He or she may be able to help you through the process. Employees of private companies have more protection. The Employee Polygraph Protection Act of 1988 gives employees of private firms more legal protection against these devices: There has to be an identifiable economic loss to the company that’s not explainable through ordinary business operations. There has to be reasonable suspicion that you are somehow involved in the loss. Your employer must notify you in writing that he or she wants you to take the polygraph test. The written notice has to explain that the test is voluntary. The notice must also explain that you cannot be fired or disciplined for refusing to take the test. You have to be given a minimum of 48 hours notice before the test to consider your choices. You can also stop the test at any time. Even if you take the test and fail it, you still can’t be fired unless your employer has additional supporting evidence to back up his or her belief that you were involved in their losses.  Consult an attorney if you believe a polygraph led to your dismissal or another adverse action at work. You need to consult an employment attorney if you believe that you were terminated either because of your refusal to submit to a polygraph exam or because you failed one. Your attorney can help you get an injunction that forces your employer to give you back your job, promote you (if you were denied one over the polygraph), and compensate you...

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4 Tips for Dealing with an Auto-Accident Injury

Posted by on Sep 27, 2016 in Uncategorized | Comments Off on 4 Tips for Dealing with an Auto-Accident Injury

If you have been involved in an auto accident in which another party was at fault, and you were injured, you will want to know what needs to be done to ensure that your injuries are compensated. When your injuries are compensated, you will be able to pay your medical bills, make up for missed time at work because of hospital stays and doctor visits, and do any future rehabilitation you may need. Here are four tips on how to handle receiving compensation for injury after an auto accident. Know Who to Contact: It’s a good idea to have an idea of who you can contact after you have been injured in an auto accident. It’s best to research lawyers in your area and write down their numbers so you know who to go to first when you need a consultation for your case. Be sure that the lawyer you choose is fluent in auto-accident laws and has dealt with cases involving serious injuries as well.  Go to the Doctor Right Away:  As soon as the accident has occurred, even if you do not feel like you have any injuries, you should visit your doctor or go to the emergency room to get checked out. This way, if there are injuries, they will be taken more seriously if your case against the other party involved goes further because you need compensation for injuries.  Listen to Your Doctor: To ensure that your injuries are taken seriously even further, you need to be sure that you go to all of your doctor appointments and do not miss any. At this point, you need to be sure that you also listen to your doctor. If your doctor suggests that you do not return to work, then don’t return to work. Also, if your doctor refers you to another specialist, follow through by making an appointment with that specialist right away and not missing that appointment.  Document the Injuries: All paperwork that you receive from your doctor needs to be saved and given to your lawyer to use however they need to. You also want to keep track of medical bills that you receive in the mail. Give these to your lawyer as well so that your lawyer can determine a fair compensation settlement amount so that you can avoid having to take your case to court.  When you utilize these four tips for dealing with an auto-accident injury, you can be sure that you are much more likely to be compensated for what you deserve. For more info, talk to personal-injury lawyers near...

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Keep Your Options Clear After Workplace Injury

Posted by on Sep 6, 2016 in Uncategorized | Comments Off on Keep Your Options Clear After Workplace Injury

Workers compensation can do a lot to help you get back on your feet after a workplace injury, but it doesn’t cover everything. Your injury may have complications that neither you nor the compensation insurance system could have expected, and in the months or years it takes for you to figure things out, it may be too late to put in an easy claim for more benefits. Before signing anything, have a look at what could go wrong by simply taking a standard workers compensation agreement. Compensation Is Temporary Or Limited The point of workers compensation is to help workers recover after injury and get back to work without suffering major financial hardship. Especially if the injury wasn’t your fault, you shouldn’t have to be without a paycheck for weeks or months at a time. Unfortunately, workers compensation only pays a certain percentage of your paycheck by default. Although there are different rates depending on the state, such as South Carolina’s 66 2/3% pay rate (listed under How Is The Compensation Rate Determined?), this can be harmful to workers already barely making ends meet. Agreeing to the workers compensation rate is binding, but negotiable. Even with the negotiation chance, you still put yourself in a long period of hardship while filing the necessary extra paperwork. Instead, be sure to contact a workers compensation attorney at the beginning of the process. You’ll need to sign agreement paperwork and meet with a representative at some point no matter your decision, so adding a lawyer to the beginning of the process can alleviate a lot of the confusing additional paperwork and and corrections. A lawyer can also handle much of the official paperwork for you in addition to negotiating rates, making meetings easier since the attorney can deliver required paperwork to you. If being required to meet with workers compensation officials, safety officials, your employer, or other parties is a physical hardship, make sure to talk about compensation and accommodation with your attorney. Talk About Other Parties Involved Not every injury is a perfect accident with no one at fault, and depending on how severe your injury is, you may need more than what workers compensation has to offer. Was the injury caused by someone’s negligence? It could have been a coworker, a lack of safety equipment, incorrect or insufficient safety measures, or even equipment malfunction caused by the manufacturer. For major forms of injury that could lead to disability and high costs either immediately or throughout your life, you may need to seek a personal injury claim. Some legal actions may invalidate or jeopardize others. To make sure that you’re within your rights and not double dipping benefits–or to find out if you’re qualified for programs such as Social Security or even Veterans Affairs disability, contact a workers compensation attorney, like one from Thompson Legal Services, to map out a strategy and start with workers compensation as a road to...

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What Workers’ Comp Claimants Need To Know About Independent Medical Exams

Posted by on Jul 31, 2016 in Uncategorized | Comments Off on What Workers’ Comp Claimants Need To Know About Independent Medical Exams

While getting injured at work is no picnic, it’s nice to know that your employer provides you with a valuable benefit: workers’ compensation insurance. This benefit, available at no cost to you, can provide you with access to medical care at no charge and a partial wage while you stay home and recover from your injury. After you have been receiving benefits, you may be contacted by the insurance company and asked to undergo a specific type of medical exam, the Independent Medical Exam (IME). Your ability to continue to receive workers’ comp benefits could rest on the results of this important event, so read on to learn more about the IME to be better prepared for it. Why am I being asked to undergo an IME? This request normally comes after you have been out of work for a while, and the insurance company needs to get more in-depth information about your injury. Most injuries heal in time, but some take longer and some are more permanent. An evaluation of your medical status will let the workers’ comp insurance company make a decision on your continued benefits or on the possibility of your claim being converted to a permanent injury. Who will be performing the IME? This exam is performed by a doctor of the workers’ comp choosing and you are not expected to pay for this exam. You should understand that in most cases the IME doctor “specializes” in performing these exams almost exclusively, and you should treat the doctor with respect but with an awareness that this doctor is not a normal doctor, and is not necessarily on your side in your quest to continue receiving workers’ comp benefits. How do I handle the IME? Your medical information is protected by HIPAA laws in most traditional settings, but the information garnered from an IME is done so expressly to share with the workers’ comp insurance company, and in fact from the moment you step from your car until you leave, your every movement will be scrutinized. Keep in mind that this is your moment to communicate how the workplace injury has affected your ability to do your job. You can best prepare for this exam by reviewing your paperwork, reports, medical records and notes about the accident and the medical treatments you have been receiving. What happens after the exam? The IME doctor will prepare a report for the insurance company and make recommendations about your case. Normally, your case will result in 3 possible outcomes: 1. You will be deemed well enough to return to your job. 2. You will given more time to recuperate from your injuries. 3. You will be deemed to be permanently disabled, and your benefits will convert to a different type of claim. If you are worried about your ability to continue to collect benefits, contact a workers’ comp attorney for assistance as soon as possible. Contact a business, such as Gilbert, Blaszcyk & Milburn LLP for more information. ...

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Prenuptial Agreements: What To Know

Posted by on Jul 31, 2016 in Uncategorized | Comments Off on Prenuptial Agreements: What To Know

A legal document that can cover you in the event of a separation may not be on your list of things to do before your upcoming wedding, but it should be. A prenuptial agreement should be made several months before your big day, and it can be custom-made to address the financial issues that matter to you and your soon-to-be spouse. Read to learn more about prenuptial agreements and what should and should not be on yours. What Should Be In The Agreement? There are very few rules about what a prenuptial agreement should look like, but you should stick to financial issues that matter to both of you. Consider including the following: How property jointly owed will be handled in the event of a divorce. Keep in mind that “property” means everything from real estate to vehicles to pets. How property owed by one party will be treated after (during) the marriage. How the household bills be paid (who pays for what?). How savings will be funded, such as funds for the childrens’ education, retirement accounts and emergency savings accounts. Financial arrangements for children of other relationships in the event of death. While a will is also mandatory, a provision in the prenuptial agreement could serve as a reinforcement of a contested will. What Should Not Be In The Agreement Some issues involving minor children of the relationship, such as child support and custody, should not be addressed in this manner. State law supersedes privately-held agreements like prenuptial agreements and the family court system will preside over this issue in the divorce decree. Leave frivolous, non-financial issues out of the agreement, such as where you will live, who does what chores, where the children will attend school, etc. Though it varies somewhat by state, the issue of spousal support should not be addressed in this manner. More Don’ts Any of the “don’ts” below could nullify your prenuptial agreement. Don’t conceal assets from your future spouse; be open and honest about your holdings. Don’t force or coerce a party into signing an agreement; both parties must be willing participants. Don’t create an agreement that is conspicuously and obviously unfair to the other party. It’s no surprise that the issues that should be included in a prenuptial agreement are also issues that most couples need to discuss and agree upon before they say “I do”. Consider the creation of a prenuptial agreement an opportunity to talk about these issues with your fiancé. Discuss your prenuptial agreement with a family law attorney today. Contact a law firm, such as Novenstern Fabriani & Gaudio, LLP, for more information.   ...

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2 Questions Answered About A Wrongful Death Case

Posted by on Jul 15, 2016 in Uncategorized | Comments Off on 2 Questions Answered About A Wrongful Death Case

If you’ve lost a loved one too soon because of a wrongful death, you will want to know what to do. It’s in your best interest to pursue legal action for the justice that should be served. This can be a very challenging time in your life and the key to coping with it may be by taking legal action against the party responsible for the death. By having specific questions answered about this dire situation, you may be better prepared to handle it legally. Question #1: What is wrongful death? Wrongful death is when the loss of another person’s life occurs and can be blamed on another individual. There are various causes of wrongful death, and some of these are listed below: 1. Auto accidents – If a person is killed in a wreck and the other driver is at fault. 2. Medical malpractice – Dealing with the loss of a loved one due to a medical mistake can be devastating, but this does happen and may give the right to file a wrongful death case. 3. Criminal activity – If the reason the death occurred was due to criminal activity, you could file a lawsuit against this person that did the shooting. Question #2:  What parties can file a claim? In order to be eligible to take legal action against an individual in a wrongful death case, you must meet certain requirements. It’s common for the persons listed below to qualify to do so: 1. Immediate family members – This may include spouses, children, and parents. 2. Distant family members – Cousins, grandparents and even aunts and uncles are involved in this group. 3. Parents – If the death was a deceased fetus, this would allow the parents to pursue legal action if the loss of life was due to the negligence of the medical provider. 4. Financial dependents – If either the person that died or the one left living were financially dependent on each other. 5. Life partners – If a couple isn’t married, but have been determined to be a life partner, this action could be taken. Being able to file this type of claim will require the right amount of evidence and the fact that wrongful doing did happen. However, if you feel you have a substantial case, be sure to rely on the expertise of wrongful death attorney to legally assist you during this challenging time. To learn more, contact a law firm like Shaevitz Shaevitz &...

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How Your Statin Drug May Cause Permanent Illness

Posted by on Jun 9, 2016 in Uncategorized | Comments Off on How Your Statin Drug May Cause Permanent Illness

If you have high cholesterol that is resistant to weight loss, exercise, and healthy eating habits, your doctor may have prescribed a statin medication to bring down your numbers. While cholesterol-lowering medications are effective in reducing blood lipids, they may heighten the risk for permanent illness and disability. If you experience any of the following as a result of your prescription statin medication, you may need a personal injury lawyer: Rhabdomyolysis According to Healthline, rhabdomyolysis is a condition where muscle damage causes muscle fibers to break off and slough into your bloodstream. Symptoms of this condition include severe muscle pain, weakness, dark urine, increased bruising, and muscle inflammation. While rhabdomyolysis can be caused by infection, metabolic conditions, injuries, and heat stroke, it has also been linked to statin drugs. Discontinuing the cholesterol-lowering medication can sometimes resolve this condition, however, it can sometimes be long-standing. If stopping the stain fails to resolve your symptoms, you may need hospitalization so that intravenous fluid and drug therapy can be initiated. In severe cases, renal dialysis may be needed.  Kidney Damage If you experience muscle damage from taking your statins, it may lead to renal failure. The muscle fibers that can get into your circulation can diminish kidney function, and when this happens, you may experience generalized swelling, loss of appetite, profound weakness, sleepiness, and nausea. In one study, it was noted that people who took higher doses of statin medications were 34 percent likelier to be admitted to the hospital for kidney damage within the initial 120 days of statin therapy compared to those who took lower doses of the medication, explains WebMD. If you develop kidney damage during or after statin treatment, prompt medical intervention may help reverse renal damage. In some cases, however, kidney damage may be permanent, and if this occurs, consider working with your physician and attorney to determine if you have a strong enough case to file a personal injury lawsuit. Elevated Liver Enzymes Statin drugs can also cause a rise in your liver enzymes, especially during the first few weeks of treatment. If you take these medications, your doctor will recommend that you undergo periodic blood tests to check your liver function. Elevated liver enzymes typically revert back to normal after your body gets used to the statin, however, permanent elevations may occur. In severe cases, liver damage can arise from cholesterol-lowering medications, and when this happens, you may experience yellowing of your skin and whites of your eyes, tea-colored urine, itchy skin, clay-colored stools, abdominal pain, and loss of appetite.  If you take cholesterol-lowering drugs and develop any of the above conditions, see your doctor right away. If it is determined that you have sustained permanent muscle or organ damage, contact a personal injury lawyer or law firm like Law Offices of Burton J....

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2 Things You Need To Know Before Driving Under The Influence

Posted by on Jun 9, 2016 in Uncategorized | Comments Off on 2 Things You Need To Know Before Driving Under The Influence

Like many people, you might enjoy heading out to a bar or club to have some alcoholic drinks and let off a little steam. You might not make any plans to get a taxi or have someone drive you home because you’re sure you can handle driving home, but the police are out on the roads looking for people who are drinking and driving. You may not think you’ll have a problem, but you need to consider the following things before you drive home intoxicated. You Might Be Over the Legal Limit Even if You Feel Fine Once you start drinking, your ability to make rational decisions starts to decrease. You might “feel fine” after a few drinks, but that doesn’t mean you should get into a car. You might have a high alcohol tolerance, but your state’s laws may mean that even one or two drinks will put you over the legal limit to drive. Because there’s not a way to “feel” whether you’re over that legal limit, the only way to be sure you won’t have a problem with the police on the road is to arrange alternate transportation for yourself on a night you’ve been drinking. Attempts to Delay or Refuse Tests Might Fail You might think you have the right to refuse any field tests that the police want you to take, thinking that refusal will protect you from an arrest. In fact, depending on the state you live in, the very act of receiving your license serves as agreement to undergo these kinds of tests when you are on the road. If you refuse to go through with them, you might find yourself with a suspended license and unable to drive altogether, regardless of whether you are actually taken into custody for drinking and driving. If you have failed a field sobriety test and the police are planning to administer a breathalyzer test, you might think that you’ll just delay testing as long as you can so that you have a chance to sober up a little. However, it is not only unlikely that your blood alcohol level will decrease quickly enough, but the police can still arrest you based on your actions and behavior on the scene. If they feel there is good reason to bring you into the station, they can do so whether you fail a breathalyzer test or not. Drinking and driving is a serious offense with serious consequences. If you get into a car after you have had alcohol and find yourself in trouble, call a DUI lawyer like Eaby Firm LLC who can help you deal with the legal...

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