How to Get the Compensation I Deserve with a Personal Injury Attorney

Injuries can occur at any time, and accidents can occur anytime. Total road accidents can occur, and this can result in serious injury. The leading cause of the accident is not road laws or if the driver is driving under alcohol influence. Some accidents can result in fatalities and the injured bedridden.

That would result in job losses and financial stress. In the end, that puts the life of an injured person at a standstill. Recovery from physical injury may be possible but the financial crisis might not be possible. The injured person may not receive compensation because the other party is attempting to escape paying the compensation. You can seek help from Personal Injury Attorneys in such situations, which will help them get justice. There are plenty of personal injury lawyers, so having a firm that has expertise is very important to them. The lawyer has to be reasonably competent to get you the money you deserve. Texas Personal injury lawyer is the one who has the license and can represent the victim who has financial and mental stress to cope with. In such special cases, the company has personal injury lawyers who deal with such cases.

Lawyers for personal injury victims will help you get the money you deserve: 

  • You deserve in court and at the negotiating table:

If another person or party’s negligent act leaves you unable to work and faces considerable medical and rehabilitation costs, you can easily find yourself in financial ruin without fault of your own. If injuries resulting from an auto accident leave you with out – of-pocket expenses after collecting from your no-fault insurance policy, please contact the experienced car accident attorneys in El Paso.

  • Determining and recovering the compensation you deserve for injury to car accidents:

If someone else’s careless actions have injured you in an automobile accident, you have legal recourse. Any car accident of any severity, minor or serious, can seriously injure victims.

Once you have dealt with all the important issues following a car accident, speak to seasoned auto accident lawyers who understand the laws relevant to your case.

  1. He will be assessing the details of your case during a free initial consultation. We decide whether the law requires you to receive full compensation from those responsible for the accident. Since Texas is a no-fault auto insurance state, you will receive at least some compensation from your insurance provider, but you may be entitled to seek further compensation from other negligent parties.
  1. All parties responsible for the accident are identified. These parties may not be individuals involved in the accident scene, or even present at it. For example, the company which owns the truck or employs the driver in accidents involving tractor trailers may share legal negligence.
  1. We seek insurance whenever possible through a negotiated settlement with opposing lawyers. Most lawsuits fairly resolve without ever seeing the inside of a courtroom.
  1. We file an automobile accident lawsuit to fight your case before a jury to seek the maximum possible compensation if the injuries are severe enough.
  • Understanding your responsibilities as an automobile driver

Part of protecting yourself from car accidents and negligent driving involves understanding the laws you are required to follow as a responsible motorist. As well as following all road state rules, each driver has certain responsibilities to:

  1. Carry coverage required by the State. Includes a No-fault insurance policy in this coverage.
  1. Take reasonable care to avoid car crashes. Each motorist owes a legal duty of care to those they share the route with.
  1. In case an auto accident injury occurs, seek medical assistance and police, no matter who caused it. You shouldn’t actually try to determine fault in any accident without talking to an experienced attorney.
  • Talk to a trustworthy personal injury lawyer to resolve the case as early as possible:

If you have been victimized by a negligent act in a car accident, or someone you love, do not delay. Time is not with you. To set up a free initial consultation of your case, contact the experienced El Paso personal injury attorney today.

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Are Immigrants Eligible for the CARES Act?

It has been a month since President Trump declared a public health emergency for COVID-19, and its impact on the American economy has been daunting. Soon after, at least 46 states and Washington, D.C., have enacted policies to close nonessential businesses in an effort to slow the spread of novel coronavirus in the United States. With some variations on the implementations per state, recreational spaces like museums, movie theaters, gyms, daycares, music venues and malls, including personal care retailers and service providers like spas, nail and hair salons, most likely fall under nonessential businesses category. Although these measures have been undoubtedly necessary to prevent the rapid spread of the virus, tens of thousands of American workers lost their jobs as a result.

Lawmakers worked hard in coming up with legislation that would provide emergency financial assistance for individuals, families, and businesses in the United States. The bill aptly called CARES or  Coronavirus Aid, Relief and Economic Security Act has been signed into law by the President. The historic $2 trillion stimulus package stands as the largest emergency aid package in US history that aims to boost the struggling economy with provisions to help American workers, small businesses and industries grappling with the economic disruption.

This post aims to uncover financial relief for individuals and families, as well as which individuals are qualified to receive financial assistance.

How will individuals and their families benefit from the CARES Act?

A centerpiece of the stimulus package is that it will provide direct financial assistance to American in the form of checks with the amount received based on income as explained below:

  • Individuals who earn $75,000 in adjusted gross income or less would get direct payments of $1,200 each
  • Married couples earning up to $150,000 will receive $2,400.
  • Families will also receive $500 per child.
  • Individuals and families making more than these amounts can still receive payments, but at reduced amounts until they reach certain thresholds.
  • Individuals making more than $99,000 and married couples making more than $198,000 will not receive any of these cash payments.

Who are eligible to receive assistance?

The CARES Act specifically excludes “any nonresident alien” from the definition of “eligible individual.” Notably, “nonresident alien” is defined by the Internal Revenue Service (IRS) rather than by the immigration statute. The IRS states that a non-U.S. citizen is considered a nonresident alien unless he or she meets one of two tests: the green card test or the substantial presence test.

  • The Green Card test: This is applicable to you if you have a U.S. permanent or conditional residence or a green card. This is directed to a person who is a citizen of another country, who is authorized to live and work in the U.S. on a permanent basis (or, in the case of a conditional resident, for two years that may then be continued into a permanent stay). Lawful permanent residents, or “green card” holders, are considered resident aliens unless they voluntarily renounce and abandon their status in writing to USCIS, or their immigrant (permanent residence) status is administratively terminated by USCIS or judicially terminated by a U.S. federal court.
  • The Substantial Presence Test: Even without having a green card, a person who spends 31 days in the United States during the current year and 183 days during a three-year period that includes the current year and the two years immediately before that, is considered a resident alien. This affects many people who are in the U.S. on temporary, otherwise known as nonimmigrant visas. There are various exemptions, such as for time people spent in transit (less than 24 hours in the U.S.), time during which the person couldn’t leave because he or she required medical treatment, as well as for teachers and students (on an F, J, M, or Q visa) who haven’t stayed in the U.S. beyond a certain period of time.

It goes without saying that if you are not able to meet (or are exempt from) either the green card or the substantial presence tests, then you are most likely a non-resident alien. Take note that students and teachers are often classified as non-resident aliens in the early years of their U.S. stay. Non-resident aliens are not eligible for the tax credit.

If you are a resident alien, have a social security number, and earn less than $75,000 as a single individual, or less than $150,000 married filing jointly, you can expect to receive the tax credit.

If I receive a rebate, will I be considered a Public Charge?

Since the rebate is classified as a tax credit and not a public benefit under the public charge rule, you will not be considered a public charge. This will have no effect on your future immigration filings.

Can I avail of unemployment benefits?

The law granted so form of flexibility for the eligibility requirements of individuals, including those who are furloughed or out of work as a direct result of COVID-19, self-employed or gig workers, and those who have exhausted existing state and federal unemployment benefit provisions.

The only individuals expressly excluded from coverage are those who have the ability to telework with pay and those who are receiving paid sick leave or other paid benefits (even if they otherwise satisfy the criteria for unemployment under the new law)

Under the CARES Act, workers will be paid an additional $600 per week on top of what they would normally receive from the state (50% of earnings plus $600) for up to four months until July 31st.

In order to be eligible for unemployment benefits, you must establish that you were in satisfactory immigration status and authorized to work in the United States when earning the wages you used to establish your claim. It is best to get in touch with the state’s unemployment agency to find out if you are eligible based on your immigration status.

Does the CARES have anything to say about student loans?

The CARES Act further provides temporary student loan relief. All federally held federal student loans are temporarily suspended and interest will not accrue through Sept. 30. The suspension is retroactive to March 13. To get the automatic relief, your loan needs to be both federal and federally held — meaning your lender is the federal government, and not a bank or other commercial lender.

Are you still wondering how immigrants can get relief in this current state of emergency the U.S. is under? Call us our immigration lawyers in Virginia.

Our immigration attorneys at Van Doren Law will be available to address any questions about the current immigration landscape. We understand how these can be trying times. As such, we offer free initial consultation. So pick up that phone or chat with us online and let our experienced immigration lawyers help you.

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When Should I Call A Criminal Defense Attorney in Ohio?

When Should I Hire A Criminal Defense Attorney?

First, understand that you have the right to seek the advice and representation of a criminal defense attorney at any time. Nothing prevents you from calling a lawyer as soon as a police officer approaches you. You can reach out during a traffic stop, at a DUI checkpoint, when stopped for questioning, or when an officer shows up at your door.

You will want to be polite and respectful when speaking with the officer. Avoid reaching into a pocket or purse to retrieve a phone. Being rude and/or sudden movements create far more problems than they resolve.

Based on my years of experience doing criminal defense in and around Columbus, Ohio, there are times when it is critical to call a criminal defense lawyer like me. If you have been taken into custody, if you are being questioned prior to arrest, if you believe there may be an investigation that could result in charges being filed, or if you have been formally charged with allegedly committing a crime, use your lifeline to contact a lawyer.  Even if you decide not to hire them or charges never get filed, it is very important to get much needed advice from an experienced lawyer.

When in Custody

Speaking with a lawyer soon after it becomes obvious that you will likely be arrested and charged will help you understand what to expect and how to act. This can be especially important if you have limited experience with the police and courts.

How you interact with officers and detectives will influence how they treat you and can either help or severely hurt you as the case moves forward.

During Questioning

Asking for legal representation before and during questioning will not necessarily stop law enforcement officials from trying to interrogate you, but it can be used to keep out evidence that was gathered during the interrogation. You must continue to assert that you wish to speak to a lawyer prior to answering questions.  This will allow you to refuse to answer or at least wait to answer until your criminal defense attorney can be present.

For Your Arraignment

An arraignment is a court hearing at which a judge reads the charges being filed against you. The judge will ask you if you understand the charges and how you plead. The best response is almost always to request a continuance to speak with a lawyer.  Entering a not guilty plea can also be appropriate if you have already talked to your lawyer.  Entering a not guilty or requesting a continuance gives you and your lawyer an opportunity to prepare a defense while assessing all the evidence gathered by the police and prosecutors.

Having a lawyer with you in court ensures that you completely understand your legal options and what the judge tells you. A lawyer may also be able to take actions during or immediately after the arraignment that can benefit you as the case proceeds.

For instance, asking to appeal a license suspension made in conjunction with an arrest on suspicion of drunk driving must be done within the time period currently required by law.  Missing the deadline waives the ability to have the suspension removed based on improper procedures, paperwork, etc.

While Preparing for Trial

This should seem obvious, but too many criminal defendants decide against hiring a lawyer. Most states require people to demonstrate actual financial need before they can be assigned a public defender for the duration of their case. Since not everyone qualifies for public defender services, the potential cost of hiring a private defense lawyer can deter many defendants from doing so. We, as criminal,traffic and DUI defense lawyers, understand that most people don’t save for these types of potential legal problems.

The truth is that most criminal defense attorneys will work with clients to set up reasonable payment plans. A dedicated lawyer will do all they can to ensure a client receives necessary services.

Partnering with an attorney while preparing a defense is extremely important. I can’t tell you how many times I receive call from people who were fresh out of court having been found guilty likely because they represented themselves. Prosecutors know the law and the court system. They will use this knowledge to increase the odds of securing a conviction and maximizing the potential penalties. A criminal defense attorney also knows the law and the courts.  This knowledge can and will be used to protect and benefit you in your case.

Your criminal and traffic defense lawyer will know how to obtain and analyze evidence, arrange for expert testimony if necessary, and prevent the prosecutor from violating strict rules put in place to protect your rights. Beyond that, an experienced criminal defense attorney will know how to negotiate a plea deal that benefits their client. Getting charges dismissed is not always possible, but avoiding a bad outcome due to lack of knowledge is almost always an option.

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Egg and Sperm Donor Agreement Ohio – Preparing for Parenthood

Whether you are a single person, a couple who struggles with infertility, or a same sex couple, when two people need to use the help of others and medical science to help create their family, there are often many questions raised about the legal ramifications of taking these steps.

Legal Rights and Responsibilities of Egg and Sperm Donor Ohio

When you ask a person that you know to donate their genetic material to help create a child, (AKA a known donor) you are taking a risk that this person could be viewed as a parent under the law of the State of Ohio and have legal rights and responsibilities to any child that is born as a result of their donation.

These legal rights and responsibilities of egg and sperm donor Ohio include the right to request Custody, Visitation, Financial Support in the form of Child Support, Health Insurance, Payment of Medical Expenses, and more.

In order for paternal/parental rights to be severed for the known donor, Ohio Law of egg and sperm donor require two things:

  1. That the Donor submit to a series of tests and give their medical history, and
  2. The insemination be performed by a Physician or someone who is under their supervision or control.

If the sperm is introduced to the egg in any other scenario, and a pregnancy occurs and child is born, those parental rights to the donor are not severed. This is where the Ohio egg and sperm donor agreement comes in. Having a egg and sperm donor agreement in place prior to the conception of the child protects all the parties including the known donor.

The Juvenile Court in Ohio is a court of law and equity that hears cases between unmarried parents regarding their rights and responsibilities towards their children. What this means is that they apply the law to their decisions, but also look at what is fair. If a egg and sperm donor signs the contract agreeing to waive his or her parental rights and responsibilities, and later tries to bring a suit for parental rights, the Ohio egg and sperm donor agreement will be used to show the court that it would be unfair to grant them such a right. A family law attorney will also demonstrate parental fitness and a best interests of the child standard to argue your case.

Now the difference is, if you follow through with the physician insemination and the medical tests/history for the donor, expensive and time consuming as it may be at the outset, the donor will not have any right under Ohio egg and sperm donor law to take you to court in the first place.

Consult With an Experience Family Law Attorney in Ohio

Always consult with a licensed assisted reproduction attorney if you have any questions or if you would like a sperm donor agreement drafted in Ohio. Remember, contracts floating around on the internet are not always complete, accurate or in compliance with your states laws and may put your family at risk.

If you are taking the next step and want to use a known donor to help start your family, contact us, we would be happy to talk through your questions on egg and sperm donor agreement, sperm donor requirements and help you get started. We have expertise in family law, adoption law, egg and sperm donor law, divorce/dissolution, child & spousal support, child custody & mediation.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.