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January 10, 2020 by

Bench Warrant

Having a warrant can be a scary thing, knowing that in any moment you can be taken to jail is not a risk anyone wants to take, and this is when you know it is possible. Imagine not knowing there is a warrant out for your arrest and you come in contact with a police officer for any reason, and you’re arrested. Bench warrants stem from simple infractions like an unpaid traffic ticket, missing a court date from a small speeding ticket, or simply forgetting you had a court date at all.

This is not to assume that you are on an FBI’s most wanted list, but a bench warrant informs law enforcement that a judge wants or needs to see you. This is how the judge communicates with you. An arrest warrant insinuates that a judge wants you arrested; the reason does not matter and may not be shared with law enforcement so when the arrest happens they may not be able to inform you. With a bench warrant, usually your bail totals in the amount of fees that may be due or any court costs. Once those fines are paid, you are released from jail and given a new court date. Because most bench warrants stem from a failure to appear to court matter, if you miss the court date again, a bench warrant will be issued again.

There are times when individuals genuinely forget or do not know about a court date, but in the event that you have had any contact with law enforcement for any reason in the past, you should find out so that you are not surprised by an arrest should you be stopped for a missing taillight. You can contact the clerk of the court in the arrest the encounter took place and verify if there is a bench warrant for you. They can also let you know how much you owe the court and instead of being arrested, in most cases, you can make the payment and receive a new court date without going to jail at all. 

Bench warrants can be tricky and some may be easily avoidable while others are not, speak with a skilled criminal defense attorney to see what options you have should it not be so simple for you. Make the call to the courts, and a criminal defense attorney in Atlanta, GA to ensure that no matter what, you get the best possible outcome should you have a bench warrant in your name.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal law and bench warrants.

Filed Under: Uncategorized

January 4, 2020 by

What You Should Know About Child Support

All dependent children are owed a legal right to be supported by their parents financially. When a couple lives together with their children, they both support the children together. Parents who no longer live together often have a custodial arrangement in which the child or children lives most of the time with one parent. That parent is the custodial parent and has custody of the child. 

When this custodial arrangement is written in a separation agreement or a court order, it is sometimes called legal custody. The arrangement may also occur without a written agreement or court order, and this is referred to as“de facto” custody. But, either way, the custodial parent has the bulk of the responsibility for the daily care of the child and incurs most of the expenses of raising the child. The noncustodial parent should also help with costs for the children by paying child support money to the parent with custody. 

Who pays child support?
All parents have the legal responsibility to support their children as well as they can. Parents with custody usually have most of the everyday expenses of child-raising, so may be owed child support from the other parent. The child support monies owed to the custodial parent may continue even if that person remarries or starts living with someone else.

Even if a man has never been married to, or lived with, the child’s mother, a biological father possesses a legal duty to support his child financially. This is the case even if he never had an ongoing relationship with the child’s mother. If a man claims he is not the biological father of a child, a court can order him to take a blood test to determine the facts.

When does child support terminate?
Child support generally must be paid as long as a child remains dependent. Any child under the age of 18 is considered dependent, unless:

  • The child has married
  • The child has a disability or illness
  • The child is 16 years old or over and has withdrawn from parental control voluntarily 

Child support might continue after children turn 18 if they are unable to support themselves because they are still going to school full-time or have a disability or illness.

Even if a child is not living at home with the custodial parent while going to school, as long as the child maintains his or her primary residence with the custodial parent, the noncustodial parent might have to continue to provide child support payments. This typically continues until the child turns 22 or achieves a diploma or post-secondary degree. In some situations, a judge might order child support to go on even longer.

Why hire a child support attorney?
Child support can be a complex issue, and families often get tangled in the technicalities. Seek professional assistance from a child support lawyer when you’re navigating this and other aspects of family law, such as divorce, spousal support, and child custody. Get started by scheduling a consultation with a qualified Bloomington family lawyer today. 

Thanks to Pioletti, Pioletti & Nichols for their insight into family law and what you should know about child support.

Filed Under: Uncategorized

January 3, 2020 by

What to Do if You Are the Passenger in a Car Accident

Being involved in a motor vehicle accident is a very traumatic experience. As a passenger it can be even more frightening, as things may be completely out of your control. There are a few things that passengers should do to ensure they receive the most out of their personal injury claim. Should these things be done, the process to recover for your damages should be seamless and stress free.

  1. Much like any other motor vehicle accident, should you or someone you know be involved in a motor vehicle accident, contact the police as soon as you can. It is possible there may be serious injuries you are not yet aware of due to the adrenaline rush from the wreck. Medical professionals should be on their way to you once they receive the call.
  2. Even if you are in the vehicle with the at-fault driver, take down all contact and insurance information for later use. This includes any other passengers or witnesses’ information as well.
  3. Because you are a passenger, you may not recall exactly what happened to cause the accident. However, do the best you can to recall any details leading up to, during, and following the motor vehicle accident. Details about what you saw outside of the vehicle that may have contributed to the accident, what may have been going on inside of the vehicle, and any other observations will be beneficial later on during your claim.
  4. Depending on how injured you are and how this motor vehicle accident has affected you personally, keep a note of all damages you are a victim of. This may be time away from work, loss of income, and medical bills. Keep any doctor notes, out-of-pocket payment receipts, photographs, statements, reports, and bills incurred. Once you consult with your attorney this will help determine what damages you can claim.
  5. Speak with a personal injury attorney. These attorneys specialize in your type of case and have been through many before. Sooner than later, consult with an attorney for advice on what your next step should be and to be clear on whether or not you have a case.

When you are a passenger in a motor vehicle accident, you are able to seek damages from both the insured person you rode with and the other party involved. While the process for a passenger should be smoother, you do not have to do it alone. Speak with a personal injury attorney, like a personal injury attorney in Atlanta, GA, for confirmation on what you should do next.

Thanks to the law office of Andrew R. Lynch for their insight into how to file a personal injury claim if you are a passenger in the car during an accident. 

Filed Under: Uncategorized

December 21, 2019 by

Personal Injury Filing Deadlines

Personal Injury Lawsuits

Suffering a serious accident not only causes physical pain, but it can have financial and emotional effects as well. Minor accidents don’t cause much concern, but when the incident keeps you from working and enjoying daily activities, you can experience extreme hardship. Medical bills can pile up, too, which causes even more distress. To help relieve stress and burdens, you can file a personal injury lawsuit. It’s best to talk to an experienced lawyer first. Your legal counsel will help you file on time and correctly.

Be Aware of the Statute of Limitations

Like criminal matters and other civil lawsuits, there is a statute of limitations on when you can file a personal injury lawsuit. The timeline varies from state to state to state. In some places, you must file a suit within one year of the incident. Other states allow up to six years for you to file. Whatever the time frame is, you cannot generally exceed it. Make sure you understand the guidelines where you live so you don’t miss out on the opportunity to file.

Extensions

There are situations where you can go beyond the statute of limitations. This is called the discovery period. This provision lets you extend your filing if you didn’t originally know about the injury or that you didn’t know that the defendant’s negligent or deliberate actions caused the injury. For example, you may have been exposed to a hazardous chemical at work a decade ago, but the symptoms didn’t show up until now. If a doctor’s evaluation shows that you have a serious health condition that this chemical caused, you may still be able to file a lawsuit. The new statute of limitations would start from the day you found out about your condition.

Factors in Winning Your Case

Not every personal injury lawsuit gives claimants the result they want. The court will look at the severity of the injury and how much it impacts your daily life. If you are unable, or if the injury significantly diminishes your quality of life, you have a much better chance of winning. Also, if you can prove the other party acted with maliciousness against you and caused your injuries on purpose, you will likely walk away with a fair settlement that you can feel good about.

Filed Under: Uncategorized

December 20, 2019 by

Two Common Challenges When Selling a Small Business

 Workers Compensation Lawyers

There are many reasons you might want to sell your business, but chances are good that you hope to simplify your life. It takes a lot to operate a small business, and selling it can be a way to reduce your obligations and get a large sum of money at the same time. However, selling your business will likely come with its own set of challenges. If you are prepared for these challenges, you can overcome them easily. Learn about two of the biggest challenges that a business seller might face.

 1. Employees’ Worries

If your business has employees, it is essentially unavoidable that they will be worried to hear that you are selling the business. Additionally, some employees may begin looking for other opportunities, which may result in them leaving before you even sell the business. You will need to be certain that you have a strong work force up until the very last day you own the business.

The best approach to this issue is to be completely open with your employees. Tell them what your intentions are at every step in the process and be sure they are among the very first people you tell when you fully decide to sell. This shows them that you respect them and want them to be prosperous whether they leave or stay. If you sell it to someone who does not intend to keep the business operational, your employees should have enough at least a few months to search for a different job.

 2. Seller Financing

Seller financing is when the buyer pays monthly payments to the seller, rather than a lump sum up front. This is not appealing for sellers, but sometimes it is necessary to find interested buyers. You should try to avoid seller financing if you can, because it puts you at risk of the buyer defaulting on the payments.

If you cannot avoid seller financing, hire a business lawyer in Melbourne, FL to write the contract. It needs to be solid to protect you. The contract should include what the consequences will be if the buyer defaults on the payments. The moment the buyer defaults on a payment, you should immediately hire an attorney. Additionally, you should avoid selling the business to anyone who seems untrustworthy, naïve, or inexperienced. This will improve the odds that the new owner will be able to keep the business successful and make the payments to you. It may be a good idea to hold off on selling until the market is in your favor to avoid financing.

 


 

Thanks to The Law Offices of Arcadier, Biggie & Wood for their insight into business law and selling a small business.

Filed Under: Uncategorized Tagged With: Workers Compensation Lawyers

December 18, 2019 by

Nursing Home Abuse: What You Can Do

Personal Injury Lawyer

In the US, nursing home neglect and abuse is severely underreported. Many people do not know what to do when they suspect abuse. If you suspect that your loved one is suffering abuse or neglect, here is what you need to know.

What Is Nursing Home Abuse?

Physical abuse, psychological abuse, neglect or financial exploitation might all fit the definition of nursing home abuse. Physical abuse involves any physical harm. It may include caregivers hitting, pinching or otherwise acting rough with patients. The physicians may use restraints on a patient or unnecessary force.  To determine physical abuse, you may notice bruising on your parents or loved ones. Additionally, the patient may act shy, fearful or flinch upon contact.

Watch for any changes in behavior or any change in physical condition. A lack of hygiene may indicate that your loved one is experiencing neglect. If you spot any signs of physical abuse, you may want to begin by asking your loved one about it. If he or she is afraid or if her or his memory is compromised, you may not receive straight answers.

Psychological abuse, of course, is a little harder to prove. Psychological abuse may involve humiliation, yelling or other forms of criticism. Sometimes you can tell psychological abuse by changed behavior. Get to know your loved one’s caregivers, this can help you to recognize any signs that someone is mistreating the patient.

Financial exploitation involves taking advantage of a patient’s finances. A person may steal straight from the patient or steal his or her identity. It is crucial that you keep close tabs on your loved one’s finances to ensure that no one is taking advantage of him or her.

Can You Report Nursing Home Abuse?

If you suspect nursing home abuse, you can and should report it. You have options when it comes to abuse claims. You can file a report with the facility or you can report straight to the police about suspicions of abuse. In addition, you may want to speak to a lawyer as soon as possible to find out how to continue forward with your abuse case. Whether you want to file charges or have your loved one removed from the nursing home’s care, you should have someone experienced to discuss your options with. You can also contact your local state’s authorities on matters of nursing home and elder abuse.

Nursing home abuse is extremely serious. Unfortunately, many families do not know how to report abuse or neglect when they see it. Consulting with a nursing home lawyer may provide you with insight on how to go forward with your case.

Filed Under: Uncategorized Tagged With: personal injury lawyer

December 17, 2019 by

Why Hiring a Personal Injury Attorney Is a Good Move

Personal Injury Lawyer

When it comes to personal injury, the amount of compensation you will end up with typically depends on the severity of your initial injury. The insurance company you’re dealing with will take an inventory of the incident to determine how much they feel you are entitled to. If you don’t agree with that amount, you might choose to file a lawsuit against the responsible party. Should you hire a lawyer? The following are some reasons it might be your best move.

The Insurance Company Is Difficult to Work With

In some situations, the insurance company just acts difficult. They may make an unfair settlement, or they may not offer you a settlement at all. Perhaps the insurance company will dig up all kinds of dirt on you, even follow you around, to determine you aren’t entitled to compensation. This is when a lawyer can help to turn the situation back to your favor.

You’re Not Sure Who Is Responsible for the Injury

If you are involved in an incident that includes multiple parties, you might not be sure where to turn to seek compensation. Insurance companies are just trying to protect their bottom line, so they could all go back and forth, trying to determine fault with the other parties. In these situations, settlements are often decreased or eliminated. Your lawyer can help you determine who is responsible for the injury so you can seek compensation from the right source.

Your Injuries Are Permanently Disabling

Injuries that are considered permanently disabling or long-term will require medical care in the future. Your lawyer can help you calculate the amount of money you’ll end up spending on medical care in the long run. It’s possible your injuries will have an impact on earning capacity as well, and your lawyer can help you determine how much to ask for to compensate for that as well.

Your Injuries Are Severe

As was previously mentioned, your compensation amount will depend on the severity of your injury. If your injuries are severe, but the other parties are trying to portray them as being less, you could use the help of a lawyer to prove how severe they actually are. Without the help of an attorney, you may not receive compensation for the actual amount of injuries you have.

Getting Started With All the Right Information

You can’t move ahead with your personal injury case until you have all the right information. Contact a personal injury lawyer, like a personal injury lawyer, today to get started. Thank you to the experts at Law Group of Iowa for their insight into personal injury law.

Filed Under: Uncategorized Tagged With: personal injury lawyer

December 16, 2019 by

Filing for Bankruptcy as a Small Business Owner

Personal Injury Lawyer

According to the Bureau of Labor Statistics, approximately 20% of businesses fail in their first year. Unfortunately, by the fifth year, 50% of businesses close up shop. While this is no issue that any business owner wants to deal with, it can be the harsh reality of owning your own business. Knowing when to take action towards settling your business affairs can be best suited with the guidance of a business lawyer. In some cases, it may be in your best interest to file for bankruptcy. A business lawyer can assist in answering the range of questions you may have when considering whether to file for bankruptcy:

What are signs that I should file for bankruptcy for my business?

As a business owner, it can be challenging to watch your profits diminish. When you are struggling to pay your bills, or even break even, you may be considering how long you can keep your business running. Knowing when to make this call can be difficult. In some cases, bankruptcy may be the appropriate option for your small business. Here are some signs that indicate filing for bankruptcy may be in your best interest:

  • It’s normal to have challenging months, however, if your business is experiencing a cash flow problem, unable to pay employees, bills and vendors on time, you may want to consider your next steps. In some cases, you may be able to make key business changes, however, some of the time, it may be in your best interest to consider bankruptcy. 
  • In some cases, you may be able to close your business without filing for bankruptcy. However, if your personal assets are at risk, you may want to consider filing for bankruptcy.
  • If your business and personal assets go hand in hand
  • If you are unable to maintain your business through debt consolidation

Are there specific types of bankruptcies that a business should file for?

Working with a lawyer is helpful when determining the form of bankruptcy you should file for. There are a few different options you may have when it comes to filing for bankruptcy. This will largely depend upon the type of business structure you have chosen. Primary forms of bankruptcy for businesses include:

  • Chapter 7: for full liquidation of assets that allow business owners to back out of their business with minimal impact on a business owner’s personal assets.
  • Chapter 11: allows a business owner to restructure their business by making payments to debtors over time. This allows many businesses to continue operations.
  • Chapter 13: when a business owner’s individual assets are intermingled with their business expenses. This is an ideal option for sole proprietorships

How do I initiate the bankruptcy process?

When your business is failing, it can be unclear to know where to turn or how to move forward. Depending on the way you have structured your business, you may have a few different options in terms of bankruptcy. It will be important to first consult with a lawyer who can help you navigate the process. They can work closely with you to determine the type of bankruptcy that is in your best interest and navigate you through the appropriate steps to initiate the process. 

No business owner wants to see their business fail. Chances are when you opened your doors you had dreams of experiencing success with your business. Bankruptcy can offer you a fresh start as a business owner. For guidance during what is likely to be a challenging time, contact a business lawyer, like a bankruptcy law firm in Memphis, TN, for bankruptcy information today. 

 


 

Thank you to the Law Firm of Darrell Castle & Associates PLLC, for their insight into bankruptcy law.

Filed Under: Uncategorized Tagged With: bankruptcy lawyer

November 24, 2019 by

3 Basics About Medical Malpractice Lawsuits

Medical Malpractice Attorney

If you’ve been the victim of a medical error, then you may be reluctant to continue treatment. Your confidence in the healthcare system may be at its lowest, but your condition requires you to keep fighting through and continuing treatment.

When someone suggests that you have a good reason to bring a medical malpractice lawsuit, you may wonder how the process works. Gaining better insight into what medical malpractice is and how the justice system works to get you the resolution you need will help you feel better about moving forward. Here are three essential elements of a medical malpractice lawsuit.

  1. Establish Negligence

To get the process rolling, you first must be able to show that you were affiliated with the provider from whom you seek compensation. You also need to have documentation to back you up. Once the relationship has been established, you next have to assert that what the professional did or didn’t do was negligent. The standard of care is something that the medical profession considers part of its foundation. The standard of care is established rules — both written and unwritten — that dictate how one moves forward with caring for patients. If a provider fails to meet this standard of care or blatantly goes against it, a medical malpractice case may be warranted.

  1. File a Suit Within the Proper Time Frame

There are strict time filing guidelines that are set in every state. If you miss the window in which you have to file a lawsuit, you may be barred from bringing an action against a provider. Many states operate on a “known or should have known” premise that may help extend the time for filing. It usually states that you can bring legal action within “x” number of years from the date you knew, or should have known, that your injury or illness was caused by medical negligence. Again, check with the laws in your state to ensure you do not miss the deadline.

  1. Consider Damages

Lawsuits are designed to bring about monetary compensation for a plaintiff. They are civil suits, so if the defendant is found negligent, the punishment is financial. There is no jail time in civil lawsuits. Thus, before filing your claim, you must have an idea of the type and amount of damages you want, should you prevail. There are three types of damages awarded:

  • Compensatory, which cover the amount of money you’ve lost as a result of the injury.
  • General, which cover pain, suffering, and distress due to the injury.
  • Punitive, which are meant to punish the defendant financially, and are only awarded by the judge or jury.

A medical malpractice lawyer, like a medical malpractice lawyer in Salt Lake City, UT, can help you establish your lawsuit. Check with one in your area for more information.

 


 

Thanks to Rasmussen & Miner for their insight into the different types of damages in a medical malpractice lawsuit. 

Filed Under: Uncategorized Tagged With: medical malpractice lawyer

November 12, 2019 by

Out of State Charges

When you and your friends make plans to take trips, the last thing you expect is to run into some sort of legal troubles. Unfortunately, these things can happen very unexpectedly. To make matters worse, if you are not from the city you or your friends incurred criminal charges in, it is very likely that you are unaware of its laws. This happens quite often in the city of Atlanta and its surrounding cities, Atlanta is a very popular destination for tourists to visit on a daily basis and year round. From historic sites, restaurants you will never forget, amusements parks, and the southern hospitality, Atlanta has plenty for someone to do, which means there is also plenty of trouble to get into as well.

Sometimes, tourists get into trouble here and a having a night out on the town can lead down the wrong path. Not understanding the local laws and ordinances can unfortunately lead to arrests. This can cause undue stress on everyone involved. Many times if you are arrested and charges are brought against you in a particular state, you will have to appear in court in that same state of city. Of course, this can quickly become a very expensive and frustrating matter. The first thing anyone should do if they are arrested in a state they do not currently reside in is contacting a local Decatur criminal lawyer. An attorney would be an expert in the local laws and can better assist you in navigating through any legal matters. In the state of Georgia, an attorney can represent and act on your behalf in court. This means that you do not have to be present for your court hearing, unless otherwise requested by a judge.

By hiring a local attorney, they are able to provide some monetary and stress relief by cutting down on travel costs. It is also important to note that the right attorney will be able to review all the details of your case, and sometimes, the fact that you are not a resident can be used in your defense. It is okay to have fun on trips with friends and family, but everywhere you go there are laws in place. Should you or anyone you know have a criminal case outside of their area, speak with a criminal defense attorney in the area the charge was obtained as soon as possible.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and charges out of state.

Filed Under: Uncategorized

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