How to File an Uncontested Divorce in New York

/0 Comments/in /by

From a legal perspective, divorce is a long and sometimes arduous process that terminates a marriage through a court order. Divorce is also called a matrimonial action in courtroom jargon, with an initiator who is a plaintiff and the spouse a defendant. Have you been wondering how uncontested divorce in New York is filed?

Keep scrolling down and unveil more insightful information about filing an uncontested divorce in New York.

How Do You File Uncontested Divorce in New York?

Uncontested divorces occur when spouses agree on marriage termination terms. The opposite is called a contested matrimonial action, but both cases require legally acceptable grounds.

A soon-to-be-divorced couple agrees and settles divorce-related issues; they can have an uncontested divorce in New York. This involves property division, child guardianship, and alimony since the state allows no-fault claims on grounds for divorce.

You must fulfill the residency requirement before you file for an uncontested divorce in New York. Have sufficient legal grounds or reasons for marital termination. The court addresses family issues like child support, custody, or visitation, especially if they’re under 21.

Steps to take when filing an uncontested divorce in New York include;

Filing an Uncontested Divorce

Your divorce case starts after filing a summons with the county clerk’s office, which you can do either physically or online. The plaintiff can file for uncontested divorce through the New York State Courts Electronic Filing or NYSCEF system.

In this stage, you pay a fee for the index number or apply for a waiver if you’re on public assistance and filing for the following;

  • Summons and Complaint or Summons with Notice
  • Notice of Automatic Orders
  • Notice Concerning Continuation of Health Care Coverage
  • Settlement Agreement

Serving the Defendant

Case defendant is your spouse or the person you want to divorce, and serving them involves delivering the summons or service.

Once the defendant is served, the service bailiff, who must be a New York resident and 18 years or older, completes an Affidavit of Service as proof. You have 120 days to serve the defendant from the date of filing for summons at the county clerk’s office.

Defendant’s Response

After you’ve served the notice of divorce filing to the defendant, they must respond within 20 days if served in New York State or 30 days out of state. They can sign and return the Affidavit of Defendant in an uncontested divorce allowing you to file for putting your case on the court calendar.

Your divorce defendant may also default on filing an Affidavit or Notice of Appearance if they’ve decided to contest your claim. That’s common in uncontested divorces, and it means you’ll go ahead and file for placing your case on the court calendar.

Court Calendaring

Depending on your defendant’s response, in this stage, your uncontested divorce case is ready to be scheduled on the court calendar. This process is called calendaring, implying the judge will review your papers. It’s done immediately if the Affidavit of Defendant was signed and returned.

If the defendant defaults or hasn’t responded to the served notice, you’ll wait 40 days to file for calendaring. If a notice of appearance was returned instead, your divorce case ceases to be uncontested and becomes contested.

Papers to prepare for calendaring your uncontested divorce at a New York county clerk’s office include;

  • Notice of Issue
  • Copies of summons with notice or summons and complaint
  • Request for Judicial Intervention or RJI
  • Affidavits of Regularity, Plaintiff Or Defendant, if any
  • An Affidavit of Service, signed by the person who served the summons to the defendant
  • Sworn statement of removal of barriers to remarriage, especially if you had religious nuptials
  • Findings of Facts and Conclusions of Law

The Court’s Judgment

If there are no problems with your divorce paper filings, your marital termination is legally granted immediately after the judge signs a judgment. That’s a court order signifying you’re no longer married to your spouse. You’ll then file it with the county clerk’s office.

After recording, the county clerk stamps to certify each copy. You’ll also serve your defendant with copies of the judgment. A certified divorce judgment helps prove you’re divorced at government agencies or should you wish to remarry.

An uncontested divorce is possibly the best kind, as it means you’re for equality during your marital termination. With less anger and drama, especially if you have children, this option is the better route for all parties involved.

Mike

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.

Are Most Personal Injuries Curable

/0 Comments/in /by

Sprains, strains, and bruises are common effects of any sustained injury. And most everyone gets injured from time to time. When it happens, it’s often confusing as to how to best treat an injury. Medical intervention is sometimes necessary, but minor injuries can be treated with drugs available in pharmacies. So how does one know?

Ligament injuries

They can tear or split apart when a twist in a joint beyond the normal range of motion. The ligaments associated with the knee joint are most often injured, which is signaled by knee swelling, and pain. It can be so strong that it makes it impossible to walk, releasing a feeling of swelling in the knee joint related to a hematoma that is invisible to us.

If the symptoms are minor, they should be treated as any other mild ankle sprain. If more serious, you should seek the help of an orthopedist. Treatment depends on the severity of the injury. A torn tendon may heal after immobilization, but a broken tendon requires surgery.

Twisted ankle

This is a common injury, but the risk usually depends on footwear. If during a sprain, only the joint capsule and ligaments are stretched, the pain generally does not interfere with walking, and the swelling is slight. With a partial or complete rupture of the ligaments, it can be impossible to put stress on the leg at all. The latter is accompanied by significant swelling and hematoma.

If the tissue damage is minor, apply cold compresses, keep walking to a minimum, keep the leg horizontal, and slightly stiffen the ankle with an elastic band or bandage. Ailments are reduced by ointments and gels with analgesic and anti-swelling properties. In the event of significant swelling, call your primary care doctor. Depending on the degree of tissue damage, they might recommend wearing an ankle stabilizer or applying a plaster cast.

Tendon strains

Most often they happen to those who avoid physical activity on a daily basis and suddenly overuse their muscles, like playing a sport. Poor working conditions are also a factor, that even requires legal action. A symptom of tendon stretches is a pain when you move your arm or leg in a joint. For healing, use cold compresses, and lubricate the sore spots with painkillers and anti-inflammatory preparations. You also need to let the rest limb and limit excessive movement.

Shoulder Joint Dislocation

Injuries occur when the arm is “twisted” during a fall. The shoulder joint, despite its great mobility, is prone to dislocation (displacement of the bones that rub against each other). This injury is associated with very severe pain and the inability to move arms. Sometimes it is accompanied by neurological disorders, like hand paralysis.

For alleviation, put your arm in a sling and urgently go to an orthopedic surgeon to adjust the joint and immobilize it. A shoulder dislocation is a very serious injury that can damage nerves and blood vessels.

Contusion

It is usually the result of a sudden fall that causes soft tissue damage, most commonly in the knees, shoulder, wrist, hip, and tailbone area. Bruising symptoms are gradually increasing pain, hematoma, and swelling.

For healing, cool the injury site to reduce the hematoma and swelling. Several times a day, for half an hour, apply cooling gel compresses wrapped in a cloth. Lubricating the sore area with gels with analgesic and anti-inflammatory properties will also bring relief.

Mike

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.

How Filing a Civil Sexual Abuse Lawsuit Can Help Survivors Obtain Justice

/0 Comments/in /by

Sexual abuse is defined as any unwanted sexual activity and can result in a lifetime of trauma, with conditions like PTSD, depression, and anxiety lingering long after the abuse occurred. By filing a civil sexual abuse lawsuit, survivors may be able to obtain justice and closure by holding their abuser and any potentially negligent third parties accountable.

While a lawsuit cannot change what happened or eliminate the trauma an individual endured, it can hold the responsible party or parties responsible and provide financial compensation. Because sex abuse is both a state crime and a civil tort, victims of sex abuse have the option to seek justice through a criminal sex abuse lawsuit, a civil sex abuse lawsuit, or both. Contact a sex abuse lawyer to learn more about your options.

What is Considered Sexual Abuse?

According to the American Psychology Association, sexual abuse is defined as any unwanted sexual contact involving the use of force by the perpetrator. Examples of sexual abuse include:

  • Rape or attempted rape
  • Sexual abuse of a minor
  • Groping or unwanted sexual touching
  • Sexual battery
  • Indecent exposure
  • Sexual harassment

What is the Difference Between a Criminal and Civil Sex Abuse Lawsuit?

One of the biggest differences between the two forms of legal recourse is the potential outcomes. In a criminal case, the charges are brought by the state and not the victim. If a criminal case against a sexual abuser results in a guilty verdict, it may result in a prison sentence. In civil cases, the case is brought by the victim against the predator or an organization or business that may have played a role in the abuse. If successful, a lawsuit will result in financial compensation.

In a criminal case, the victim is considered a witness and is often asked to testify, which means recounting their traumatic experience in front of a jury. The jury must decide if the defendant is guilty “beyond a reasonable doubt,” meaning the evidence must show that the defendant committed the crime without a doubt. Additionally, the victim has no say in the outcome or sentence the defendant receives. In a civil case, the victim has more control over proceedings and the final outcome.

Why Are the Benefits of Filing a Civil Sex Abuse Lawsuit?

In general, civil sex abuse lawsuits center more around the survivor’s needs instead of the perpetrator’s punishment. The benefits of filing a civil sex abuse lawsuit include:

  • More control over the case: In most cases, the survivor has no say in the sentencing the defendant receives. In a civil case, they have more authority over the proceedings of the case and will make the decision regarding settling the case or going to trial as well as actively participate in the terms of the settlement.
  • Financial compensation: A civil sex abuse lawsuit allows survivors to seek compensation for damages incurred as a result of the abuse, including loss of capacity for the enjoyment of life, pain and suffering, therapy or counseling costs, and more.
  • The burden of proof: In civil sex abuse lawsuits, the abuser must only be found “more likely than not” liable, instead of “beyond reasonable doubt” in criminal cases.
  • Third-party liability: In a civil case, the survivor has the ability to bring a case against the perpetrator as well as against any other third party who may have contributed to the abuse in some way.

Filing a Sex Abuse Lawsuit Against a Third Party

A third party may refer to a school, a youth organization, a religious institution, a corporation, or a business (a hotel, spa, cruise line, etc.) whose negligence contributed to the sexual abuse that took place. In a civil sex assault lawsuit, a third party may be found liable for abuse through many different actions or inactions, including:

  • Inadequate hiring practices
  • Lack of training or supervision
  • Failure to conduct background checks
  • Failure to provide adequate security
  • Failure to report or investigate instances of abuse
  • Covering up instances or accusations of abuse

In a criminal case sex abuse case, the state only prosecutes those directly involved in the crime that took place. A criminal case does not prosecute the institutions or individuals that may have made it easier for the abuse to take place, like a school covering up allegations of a staff member’s abuse. A civil sex abuse lawsuit can hold the organizations whose negligence may have opened the doors for abuse to happen responsible and prevent it from happening again in the future.

Do I Need a Civil Sexual Abuse Lawyer?

When considering filing a sexual abuse lawsuit, it is advisable to consult with an experienced sexual abuse lawyer who can guide you through the legal process. Things to keep in mind when choosing a sex abuse attorney include:

  • Experience: Ensure the law firm you hire has ample experience handling sex abuse lawsuits by asking about the number of similar cases its attorneys have handled and what the final outcomes were.
  • Expertise: It may be preferable to choose a law firm that specializes in sex abuse law as opposed to one that handles a large number of other types of cases. A law firm with ample experience and knowledge of sex abuse law will understand how to navigate the difficult nature of these types of cases.

Additionally, a qualified sex abuse lawyer should be empathetic and aggressive in handling sex abuse lawsuits. A capable sex abuse law firm will be able to guide you through the legal process, protect your rights, and advocate on your behalf to secure the maximum potential financial compensation for the abuse that occurred. Contact a sex abuse lawyer today to learn more.

Mike

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.

7 key factors to understand in a physician contract

/0 Comments/in /by

A contract is a very binding tool. Vague language in a contract could lead to making commitments to some impossible or patronizing work conditions. Clear contracts ensure satisfaction in a physician’s practice. Legal professionals can help physicians review their contracts to ensure all terms are fair and enforceable and give them a clear understanding of what they are entering into.

Below are a few key considerations in a physician’s employment contract.

1. Schedule Definition

Before signing the contract, a physician should inquire about how long he is expected to work in a day or in a week. There should be information about how many patients are expected to be seen per hour, per day, or per week.

Working relationships should also be defined. These include; to whom the physician reports, whoever is answerable to the physician, and the physician’s role such as hiring support staff.

2. End of Employment

The contract should make clear the circumstances under which a physician may be terminated. Usually, there are two types of termination provisions: with cause and without cause.

The with-cause termination demands that the employer give clear reasons for sacking a physician. These reasons, which have to be specific and beyond doubt, could be loss of hospital privileges, inappropriate conduct, etc.

The without-cause termination allows the employer to terminate a physician for no stated reason. Though so, there have to be 30 to 180 days prior notice.

3. Non-Compete Clauses

This is a restricting agreement that obliges physicians not to leave and work for competitors for a specific period of time.

Here, a physician makes a commitment not to practice within a stipulated radius for several years, usually two, in case they change the employer.

This is done to prevent physicians from taking patients with them to a new practice.

4. Benefits

These are additional advantages over and beyond the salary. The benefits add value to an offer. Examples of these benefits are insurance on health, dental, vision, and malpractice; professional membership dues; vacation/sick leave; plus retirement and disability plans.

Some offers will be more lucrative and enticing. They could offer to cater to student loan repayment and relocation expenses.

5. Income Guarantees

Salaries vary based on factors like specialty, years of experience, etc.
To reap sufficiently, the physician must convince an employer that he or she will give them a run for their money.

The contract should have a compensation formula, which you use to calculate the income.

6. Duties and Responsibilities

The contract should be clear on the responsibilities of the physician. It should state whether he/she is a full or part-time employee.

If need be, the contract should also state whether the physician will be required to perform administrative or teaching duties.

In case there are after-hours call schedules, they should be well provided for in the agreement and the compensation with which they come.

7. Contract Term

Employment contracts should have both a starting date and an ending date.
In some contracts, the renewal is automatic while in others the renewal process is as the initial of the same. As a physician, know the type of contract you are getting into.

Conclusion

As a physician, get to know whatever it is that you are committing to. This way you know what to expect, both in remuneration and in the workload. In case you are not sure, it is advisable that you contact a lawyer to explain all the details in the contract you are about to sign.

Mike

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.

What is American Workers’ Compensation?

/0 Comments/in /by

Founded in the early 20th century, workers’ compensation laws were formed to protect employees who were injured on the job. Although most people will never experience an accident at work, others work in hazardous occupations where injuries are all too common. However, even workers in the least hazardous occupations can be susceptible to an on-the-job injury.

Workers’ compensation provides monetary benefits to an injured worker for medical expenses, lost wages, and permanent scars or injuries. To recover benefits under the Workers’ Compensation Law, the employee must prove the following:

  • The injury was caused by an It was not expected or designed by the injured employee.
  • The injury was sustained during employment. In other words, the injury occurred during work hours at a location where the employee was expected to perform his or her duties.
  • The damage caused a disability. To establish disability, the employee must prove one of the following:
    • They are unable to earn the same wages previously earned based on medical evidence.
    • They are capable of some work but have been unsuccessful in obtaining employment after reasonable effort due to pre-existing conditions, lack of qualifications, age, or inexperience.
    • They obtained another job, but with lower wages than their previous position.

Injuries sustained in employer-sponsored recreational programs (i.e., sports clubs, parties, picnics) are not insured unless the employer has instructed the worker to participate in them. Injuries suffered while an employee is participating in a drug or alcohol rehab program are also not covered.

According to the Bureau of Labor Statistics, almost half of the injuries in the workplace included sprains and strains, along with more than 180,000 back injuries. These are usually the most reported cases. Some back injuries heal without long-term problems, while others include surgery and permanent disability and restrictions.

There are two main types of Workers’ Compensation claims, both of which are important in calculating the value of your case.

  1. Specific Injury is one that arises from a particular incident, such as: “I fell off my motorcycle during a collision accident and fractured my hip”.
  2. Cumulative Trauma (CT) is an injury that occurs over time, such as carpal tunnel.

When you have received treatment and an evaluation from a doctor, you may be able to get a Permanent Disability (PD) rating. This rating is then converted into an amount based on the severity of the injury, the type of job, and your age. This amount is what is paid to you for the physical damages.

Normally, you cannot expect to get a PD for psychological disturbance secondary to a physical injury. However, you might be able to add a psychological claim when the original injury was caused by a violent crime or catastrophic event. This can include an amputation, paralysis, severe burns, or serious head injury.

How Does Workers’ Compensation Apply to American Drivers?

Due to the specific type of work, unfortunately, professional drivers are subject to various types of accidents while performing their duties. Most often they take place while the vehicle is moving on the road, but in many cases, they occur on the premises of one’s own plant or on the property of another company, like during loading or unloading. Employers in most states already pay for workers’ compensation insurance, which covers any future accidents. However, they also have the right to apply for compensation under the employer’s liability insurance. In both cases, certain conditions must be met for appropriate compensation to be granted.

The injured driver may receive financial compensation from social security insurance and the employer in connection with an accident at work. At the same time, the driver may pursue claims through civil proceedings and apply for compensation from his employer.

Most injured workers retain attorneys specializing in worker’s compensation cases if their employer threatens to withhold compensation for an injury. Finally, employers may not fire, retaliate or discriminate against employees who have submitted documents for Workers’ Compensation benefits.

Slawomir Platta

Slawomir Platta earned his degree from the University of Florida Levin College of Law. He’s been trying motor vehicle accident cases throughout the Courts of New York for almost 20 years and recovered over $100 Million in verdicts and settlements.

Why You Need an Experienced Drug Possession Lawyer in Lubbock, TX?

/0 Comments/in /by

The charges against you have a huge impact on your future. While you might be tempted to take matters into your own hands, you should know that you are not the only one facing these charges. Drug possession of a controlled substance, such as marijuana, is punishable by up to six months in jail and a fine of up to $2,000. Even if you are only charged with misdemeanor charges, you could still be facing additional time in jail and a hefty fine.

If you have been arrested for a drug-related offense, you need a lawyer who can help you fight your charges. You should also know that there are several types of drug possession charges. There are also defenses that an experienced drug possession lawyer can help you with.

Types of Drug Possession

Drug possession is a serious crime in the United States. Drug Possession is defined as knowingly taking a prohibited drug from a person’s possession with the purpose to deliver or sell it or use it. It can result in a variety of penalties, depending on what type of drug you were charged with possessing. A drug felon is guilty of a felony crime if she or he possesses a drug that is not prescribed to them.

The most common types of drug possession charges are:

  • Possession of marijuana
  • Possession of cocaine
  • Possession of heroin

If you were arrested for a drug-related offense, you might face additional charges. These charges can include:

  • Possession of a controlled substance
  • Possession of drug paraphernalia
  • Possession of a firearm without a license

In some cases, you might be able to get a drug possession charge reduced to a misdemeanor. If you have been arrested for drug possession, you should ensure that your attorney can help you fight these charges. Be sure he has experience in drug possession cases. They should also know about the different types of charges you could face.

How Can A Drug Possession Lawyer Help?

A drug possession lawyer can help you fight your charges. The lawyer can help you understand what your rights are and what evidence you need to present. This can help you get the best possible result by helping you get a reduced sentence, if you are charged with a felony drug charge.

The lawyer can also help you determine whether you have a defense. You might be able to argue that the charges are not true or that the drug charges are an overreach on the part of the police. If you are facing a felony drug possession charge, You could face a lengthy prison sentence and a hefty fine. A drug possession lawyer can help you fight these charges. He can also help you understand the sentencing guidelines and the potential for probation and other sentencing options.

Things to Keep in Mind

There are many types of drug possession cases. You need to know that you have a defense if you are charged with a drug charge.

You should realize that the prosecutor can make allegations against you that are false. They can be made to try to convict you.

Mike

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.

Common Questions for Los Angeles Lemon Law

/0 Comments/in /by

Realizing that your vehicle is a lemon is stressful. Not only might it prevent you from using it, but it might also be unsafe when driving. Owning a lemon is not your fault. You can be refunded for your purchase or have the vehicle replaced by the dealership that sold it to you. Below, you will find answers to the most frequently asked questions about the Los Angeles lemon law by our Lemon Law 123 attorneys.

What is the Lemon Law in California?

Under the lemon law in California, a vehicle manufacturer is required to refund the purchase price of the vehicle or replace the vehicle if an issue cannot be repaired back to the original warranty status after a reasonable number of attempts to make the repair. All types of vehicles are covered under the lemon law, including cars, SUVs, motorcycles, vans, and pickup trucks.

Who is Protected by the Lemon Law in Los Angeles?

The Los Angeles lemon law protects any consumer who purchases or leases a new or used vehicle that is still under the original warranty from the manufacturer.

How Many Repair Attempts Are Reasonable?

There is no number placed on this under the law, however, most will consider two repair attempts as reasonable when labeling a vehicle as a lemon.

How Long am I Protected by the Lemon Law?

Vehicle owners are protected for the life of the vehicle’s manufacturer warranty under the lemon law. You have up to six months from the expiration of the original manufacturer’s warranty to file for arbitration if you believe you have a lemon and the dealer and/or manufacturer refuses to replace the vehicle or refund the purchase price.

When is it Time to Go to Arbitration?

A third party will hear the arbitration case related to your lemon. You can take your case to arbitration when the manufacturer fails to refund you the purchase price or will not offer you a replacement vehicle for the one you have.

What Does it Cost to Go to Arbitration?

The arbitration will not cost you a dime when it involves the lemon law of California.

How Long Will Arbitration Take?

For the most part, arbitration can take up to 40 days to complete. However, most lemon law cases are resolved much sooner than 40 days.

Should I Hire a Los Angeles Lemon Law Attorney?

You are not required to have a Los Angeles lemon law attorney represent you at arbitration, but doing so will help your chances of winning the case and receiving compensation. Please note that attorney’s fees are not decided by the arbitrator unless the vehicle manufacturer has allowed attorney’s fees to be included in the arbitrator’s decision.

How Will a Lemon Law Attorney Help Me?

If you decide to hire a lemon law attorney, you will not have to worry about anything during the legal process if you decide to bypass arbitration. An attorney will collect evidence, investigate your claim, and provide you with an honest assessment of the situation. If you want to negotiate a settlement, a lawyer can do that for you. If your case has to go to trial, a lemon law attorney can argue for your rights in front of a judge.

Can I Choose a Replacement Vehicle?

If you win your case, you can choose to be refunded or given a replacement vehicle. The replacement vehicle must be almost identical to the vehicle you had which was a lemon. If you want upgraded features, you must pay for them out of your own pocket.

Call a Los Angeles Lemon Law Attorney Today

If you or a loved one purchased a lemon from a Los Angeles car dealer, you deserve to be compensated for your financial losses. Costly repairs, inability to use the vehicle, and unsafe conditions should not be acceptable when the lemon law is there to protect your purchase.

Valerie Campbell

Valerie has been focusing on lemon law for her entire career since graduating from UCLA School of Law. After spending a lot of time working on defending car manufacturers she founded LemonLaw123.com to help people who feel unsafe in their vehicle or frustrated with the process of repeatedly taking their vehicle to the dealer for the same concerns.

What to do if your dog bites someone?

/0 Comments/in /by

WHAT TO DO WHEN YOUR PET DOG BITES SOMEONE

You are walking in a park with your dog, like any other day, and all of a sudden, your dog bites a stranger. The biting happened faster than you could imagine. You do not know now what to do. You feel extremely anxious and responsible for what has just happened.

At times, dogs chase after strangers or suspicious-looking people in public places. Then there are times when they become violent and pose threats to the people around them. They may even bite small children in the park. Can you imagine a parent’s terror when they find out that someone else’s dog has bitten their child? When your dog bites someone, it is 100 percent your responsibility to fix the situation. Continue reading this article to learn practical tips to handle such a situation.

Take The Dog Away: When the dog bites someone in a public space, take the dog away and lock him somewhere safe for the time being. The victim might be too stunned to do anything. The dog might be barking at the victim if he is not immediately removed from the scene.

Attend To The Victim: Once the dog is at a safe distance, you need to attend to the victim. Let them know that you care and take full responsibility for the situation. Help them wash the wound with antiseptic soap and warm water. You must call the doctor on their behalf and make a quick appointment. If the injury is severe, call an ambulance to take the victim to the hospital as soon as possible. Even if the bite does not look serious, one must seek medical attention because a bite mark can infect the skin in a matter of days if not treated properly.

  • It is natural if the victim asks for your insurance information. Your insurance company must pay for the medical bills of the victim. Therefore, be sure to provide your contact number and medical information to the victim.
  • Show proof of your dog’s rabies vaccination to the victim. It will show that you are a responsible dog owner and that the victim does not have anything to worry about. Once the wound heals itself, he will be good as new.
  • However, if the insurance company denies the claim and refuses to pay for the medical expenses, contact an experienced lawyer. The experts at Creed and Creed Law know how the insurance company works. Therefore, a lawyer will be able to assist you in getting the money you need to pay the victim for his medical expenses.

Inform Authorities: If possible, inform the local authority of the situation and state that you do not want to avoid responsibility for what had happened previously. You should do what is necessary and take your dog to the vet. Let the Veterinarian know the details. The doctors may be able to identify the reason for such violent behavior. The dog may have to be quarantined if it is not vaccinated recently. Your dog may even be labeled a “dangerous dog” if it has a history of biting people.

Mike

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.

Most Common Motorcycle Accident Injuries and Compensation

/0 Comments/in /by

Motorcycle Accidents: Common Injuries and How Compensation Works

In the United States, around 5,000 motorcyclists are killed each year and nearly 90,000 are injured. In New York, an average of 16 people are seen at the hospital each day as a result of motorcycle accidents. Thousands of motorcyclists who survive vehicle accidents are injured so severely that their lives will never be the same. The most common cause of fatal accidents involving a motorcycle and another vehicle is a car turning left and failing to notice a motorcycle. The vehicle hits the motorcyclist or the motorcyclist crashes into the side of the vehicle.

Unfortunately, the New York City metropolitan area is a breeding ground for accidents like these waiting to happen. Most recently, a 22-year-old motorcyclist was killed when a semi-truck made a left turn in front of him. The motorcyclist ran into the side of the truck and was killed instantly due to massive head injuries. In another similar incident, a Brooklyn biker was seriously injured when he ran into a minivan making a left turn in front of him.

Some of the most common types of injuries include:

  • Broken Bones are serious injuries that happen very fast by a tendency to lower the leg and stabilize the bike. The leg gets caught under the bike and breaks. Often the arms and wrists break when the bike goes down and the arms come out in a reflex action to break the fall. Pelvic and hip fractures are also common.
  • A Traumatic Brain Injury happens when the head violently strikes another vehicle or the ground. These injuries range from minor concussions to permanent and serious injuries. Upon impact, the brain moves back and forth in the skull and the severity of the injury depends on the damaged location.
  • Road Rash is when a motorcyclist’s body slides along the pavement. There are various degrees of road rash that can even be so severe, that they are considered life-threatening.

If you were a motorcyclist or passenger on a motorcycle and were injured in an accident with another vehicle, holding the driver liable for your injury involves the same process as in any other injury case. You must prove that it was the driver’s breach of his duty to drive that caused the accident and your resulting injury.

After a serious accident with life-changing results that often occurs in motorcycle accidents, anyone can feel overwhelmed as medical costs skyrocket at the same time wages are lost due to an inability to work.

Some damages you may be legally entitled to include:

  • Current and Future Medical Expenses: An expert witness will likely need to evaluate your case and determine whether you may need future medical or surgical care for your injury.
  • Long-term nursing or medical care: Depending on the nature of your injury, you may need long-term nursing care. Some people with traumatic brain injuries need care for the rest of their lives.
  • Rehabilitation costs: This includes current and future rehabilitation that is usually determined by expert testimony.
  • Job Recruitment: If you’ve been injured so severely that you can’t return to your previous job, you may need job training.
  • Current and future lost wages: If you are unable to return to your job or career, you are entitled to collect damages for the future amount you will lose due to your injury.
  • Pain and suffering: This encompasses your emotional suffering as well as your physical pain.
  • Property Damage: Payment for the loss of your motorcycle.

Motorcycle accidents are often overlooked as America’s leading motor vehicle dangers. No matter the pre-existing conditions that a motorcycle may have in regard to road safety, every driver (or rider) is entitled to compensation.

Slawomir Platta

Slawomir Platta earned his degree from the University of Florida Levin College of Law. He’s been trying motor vehicle accident cases throughout the Courts of New York for almost 20 years and recovered over $100 Million in verdicts and settlements.

What To Do Against Wrongful Termination of Employment?

/0 Comments/in /by

Even if you haven’t done anything wrong, there might be a situation when you will be terminated from your work. You may be wrongly terminated for no good reason or owing to a particular conflict. This is termed wrongful termination of the employee. Wrongful termination is one of the most common sorts of employment disputes, and it may be a very difficult scenario for employees to deal with.

Hundreds of thousands of people are wrongfully terminated each year for employment disputes with no apparent cause. As a result, knowing what to do in the event of wrongful termination of employment is critical. Several laws are used to take responsibility for wrongful termination.

Reasons For Wrongful Termination

When evaluating the termination of employees owing to wrongful termination, certain grounds must be established. This includes:

  1. Discrimination is based on race, religion, caste, gender, and a variety of other factors.
  2. Failure to follow the company’s guidelines may result in the employee’s termination.
  3. Determine whether there has been a violation of public policy.

The laws are made strict to enable the protection of the employees to get all essential benefits if they are treated wrongfully and are subjected to termination.

Laws Against Wrongful Termination

A great range of wrongful termination cases is observed each year due to several reasons. It is necessary to recognize that the employer may be able to provide compelling and valid reasons for the termination. If the employee is not given a reasonable opportunity to be heard, the wrongful termination act may apply. Such termination may jeopardize the employer’s market image in terms of its reputation. This may result in a breach of a person’s fundamental rights.

Thus, the concerns are to be dealt with under labor and industrial laws, in which the legislature can deal with a variety of legal difficulties, ranging from the protection of workers’ rights to regulating situations. The labor laws ensure employee protection and are a welcome step toward simplifying the process of dealing with labor difficulties. Here are some of the wrongful termination workplace laws:

  1. The Civil Rights Act (1964)

This act prohibits discrimination on the basis of religion, color, race, and national origin in hiring and promotion.

  1. The California Fair Employment and Housing Act

This law provides protection against discrimination, retaliation, and harassment of employees. This application is for all employees irrespective of full-time or part-time.

  1. The Federal Age of Discrimination Act 1975

This law states the prohibition of discrimination on basis of age in programs and activities related to federal financial assistance.

  1. Family and Medical Leave Act

This is a labor law in the US that provides protection to employees in regard to their job and unpaid leave for any medical or family reasons.

  1. California Family Rights Act

It provides the employees with 12 weeks of unpaid, job-protected leave for the employee in case of serious health conditions of his family including himself, or any other emergency like bond with a new child.

How Can An Employee Make A Formal Complaint?

An employee who has been unlawfully terminated by his or her employer should file a formal complaint with the Human Resource department first (HR). There are numerous instances in which the HR Department can address all concerns and restore the employees’ jobs. However, if the HR department fails to act, the employee has the right to file a legal notice with the company seeking damages for back pay, missed benefits, provident funds, and health insurance, among other things.

However, to resolve the legal issue without further complications, it is recommended that you see a legal expert who has everything legally cleared, and you may even share your dilemma to receive unbiased, honest, and correct advice.

Mike

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.