Category Archives: Law

When You Shouldn’t Just Walk Away after an Accident

Man with injured legAccidents can already be quite a traumatic experience just by themselves. However, when the victims sustain injuries or face damage to their property because of others’ doing (or lack of action), the fear, pain, and other forms of suffering associated with such unfortunate incidents make them even more traumatic. No one deserves to experience all these highly unpleasant emotions, but unfortunately, they can happen to anyone.

This doesn’t mean that victims should just walk away from it, scarred for life. In Georgia, specific laws allow them to at least “become whole again,” and in most cases, these take the form of monetary compensation. So if you fall victim to an accident caused by another party in Columbus, GA, you should hire a personal injury lawyer like paulbennettlaw.com as soon as you can.

Motor vehicle accidents: Some of the most common reasons for lawsuits

With thousands and thousands of drivers using Columbus’ roads on a daily basis, it’s no surprise that road related accidents, such as collisions, occur frequently.

When you get into one, and you know for a fact that the other driver is entirely, or even just partially at fault, then you should, by no means, let it pass. File a personal injury claim immediately.

When you should file a claim

When filing a claim against one of the state’s cities or counties, you have to do so within six months from the time you sustained the injury. However, when your lawsuit involves suing the state itself, then you have two years from the day itself of the injury-resulting incident.

Keep in mind though, that it’s best to file the claim as soon as you possibly can when you still have a fresh memory and can remember as much of the details of the accident as you can. The longer you delay, the more difficulties you may have of remembering the most important things that happened that can help your case.

Make Your Way as an RN into the Legal Side of Health Care

LNC at workIn the case of registered nurses, many start off as staff nurses in healthcare facilities such as hospitals and clinics. And because society will always need healthcare services, there will always be a demand for nurses, a need that provides numerous opportunities for career growth and advancement.

Your primary goal may be to further your position in the management sector, but know that a higher rank is not your only viable option. When you become a legal nurse consultant, not only do you continue practicing as a nurse; you also become a specialist in the legal matters that arise in the healthcare industry.

Furthering your education: An accomplishment in itself

Proving that you have what it takes to move your career up in the rankings is satisfying. Just as fulfilling though is expanding your knowledge, which you need to commit to as you pursue your legal nurse consultant goals.

Keep in mind that not all people have the mental and physical strength to finish school, what more continue education after a nursing degree. As such, completing the training program in itself is already a significant accomplishment. But what makes it even more self-rewarding is the fact that your advanced education has branched out to the world of law.

Numerous work environments and settings to choose from

One of the biggest appeals to becoming a legal nurse consultant is the considerable number of employment settings they can work in. In many instances, they provide their skills and expertise to law firms and insurance companies. However, government offices can also enlist their services. And they can do all these while still practicing as a registered nurse.

These are just some of the reasons why you should consider taking your career up a notch, in the legal direction. Besides, registered nurses who have legal training make more than many of their peers, which is another benefit that you shouldn’t overlook.

How Do You Become a Homeland Security Agent?

Future DHS agent studyingThe Department of Homeland Security (DHS) is one of the most reputable agencies of the federal government. Formed on November 25, 2002, the DHS was created in response to the 9/11 terrorist attacks, making it the youngest U.S. cabinet department. Due to its significant role in the country, many people are encouraged to join the department.

To become a homeland security agent, one must understand its functions and fulfill a strict set of requirements first.

Determining the Functions of Homeland Security

The DHS is mainly responsible for public security. They protect the United States from terrorism by securing borders, airports, seaports, and waterways. Other than national security, the DHS also plan for natural disasters and analyze intelligence reports. They research and develop the latest technologies and work not only with government agencies but businesses and communities as well.

Education Required to Becoming a DHS Agent

Formal education and training are necessary before applying for the DHS. A bachelor’s degree in Homeland Security is highly recommended, but interested individuals can also take up Cyber Security, Emergency Management, Security Management, Criminal Justice Administration, and Law. A criminal investigation certificate is also essential for a successful application.

Procedures Involved in Application

After acquiring proper education and certification, applicants should start looking for open positions posted on the DHS website. Medical, psychological, and polygraph examinations are to follow. The DHS undertakes meticulous background checks, which includes family history and criminal and drug records.

Significant Skills and Experiences

The DHS prefers applicants with a prior experience in law enforcement. This, of course, depends on the area you are applying for. Apart from education and experience, applicants should also be observant, analytical, and good communicators. These three skills are essential in performing well. Kindness and cooperativeness are also ideal characteristics.

Becoming a Homeland Security agent is tough but the rewards that come with it are worth every effort. Other than serving the country, one can also receive good remuneration and lifetime benefits.

Green Card and Marriage: What You Could Do If Your Application Was Denied

Permanent Resident Card Although being married to a lawful permanent resident or U.S. citizen affords you (an immigrant) the legal right to apply for lawful permanent residency in the U.S. or a green card. However, this right doesn’t guarantee that you’ll be granted green card.

In case your application was denied, what you do next would depend on why you were denied and which immigration office handled your green card application.

If You Were Denied at the U.S. Consulate

If you applied in your home country’s embassy or U.S. consulate, you simply can’t appeal directly. But in some instances, your attorney might be able to appeal an advisory opinion from the Washington DC Visa Office of the State Department.

Otherwise, your best bet would be to determine why you were denied and then reapply. But you have to make certain that you resolve all the reasons why your marriage green card application was denied, advises Buhler Thomas Law, P.C., an immigration law firm in Utah.

If Your Adjustment Status Was Denied in the U.S.

If you applied for your green card in a USCIS or Citizenship and Immigration Services in the U.S., you can’t directly appeal for a second chance. Your lawyer could request for your case to be reopened, particularly if you could provide new information that would help change the denial of your green card. You could likewise reapply, making certain to fix any issues from your first application.

On the other hand, your situation would be entirely different if your spouse in the U.S. doesn’t have a valid visa. If this occurs, he or she will face deportation or removal proceedings. During the proceedings, you could present your case to the judge and testify. With any luck, you’ll convince the judge to give you that green card.

While you might be upset, sad, and shocked because your marriage green card or immigrant visa was denied, you could take some steps outlined above to remedy your situation depending on the specific reasons for your denial and which office denied your application. Ideally, you must seek legal help from an immigration attorney to assist you when you reapply.

On Your Boat, Drunk and Dazed: North Carolina Laws

A loved one inside the jail
“Under the influence” cases are not just for roads; it’s also applicable to the waters.

Safety is always a top priority out on the water. Life vests and ropes, however, are not enough when you can’t properly operate a boat or any watercraft, and make sound decisions due to alcohol.

Boating under the influence (BUI) is illegal and results in serious consequences. In North Carolina, authorities prohibit BUIs in the same strict manner with DUIs. NC BUI cases are class 2 misdemeanors already; offenders may face $250 to $1,000 worth of fines, plus a month in jail.

BUIs and Boater’s Hypnosis

Intoxication while operating a water vessel has a similar effect to Boater’s Hypnosis. It’s a kind of fatigue that occurs upon exposure to stressors. These certain stressors include vibrations, noise, wind, glare, water motion, sunlight, and any factor that triggers slower reaction times.

Drinking alcohol or using drugs worsens the effects, which include the following:

  • Lack of coordination
  • Temporary color blindness
  • Impaired judgment
  • Poor vision

Dealing with BUI Charges

Boating under the influence of alcohol or drugs comes with a set of consequences, both long-term and short-term. Each charge worsens depending on the outcome of your BUI (e.g., the injury or death of others).

In June 2016, North Carolina implemented “Sheyenne’s Law,” which enhances the consequences for particular BUI offenses. Examples of the new penalties include the following:

  • Serious injuries due to impaired boating. BUI offenders who injure others are subject to class F felony, which puts them in prison for ten to 41 months.
  • Death due to impaired boating.  Puts BUI offenders under class D felony cases, which carries 38 to 160 months in prison.

A Way Out

If you were charged with a BUI offense, do not despair. Wake County bail bonds can help you in a pinch.

Approach the nearest bail bond agent in your area for help. These experts understand the gravity of your situation and are more than willing to offer assistance. Bail bondsmen help you understand the legal system and also help you save money.

Boating under the influence can land you in a serious situation. If you find yourself in trouble with the law, know that there’s always help available.

The Wonders of a Parenting Plan

Parents and daughter outside their homeAre you a parent who is fighting for child custody in court? If so, you may want to know about this document — the document that lists the rights and responsibilities of both parents who are dealing with child custody issues. The document contains important parenting decisions that you should honor.

You can call this document a parenting plan. As child custody attorneys in Albuquerque would have it, it is a powerful plan. And, it is one that you should follow.

Periods of Responsibility

A parenting plan contains a part called periods of responsibility. This part puts a basic and important parenting decision (in case of joint custody) into writing. In this part, you will know how long a child (or children) will get to be with each parent.

Possible Disagreements

There may be disagreements about child custody – and a parenting plan’s design is one step ahead of you. This is why a parenting plan should not be one-sided (or in favor of one parent). Before one parent passes it forward, it is best that both parents agree with all of the terms.

To reach an agreement, at least one parent should request family counseling. At least one parent should formally ask for it by sending a letter to the other parent. In this counseling session (with the presence of a professional legal counsel), both parents should agree to all of the terms in a proposed parenting plan.

Conclusion: The Need to Follow a Parenting Plan

Do you think not following a parenting plan is okay? Well, it’s not – unless you are not taking the child custody battle seriously. If you do not play by the rules, you will be putting your chances of winning custody on the line.

After all, a parenting plan is usually put into motion by a judge. This means a parenting plan is a court order. If you don’t honor the parenting plan, you may be legally penalized for violating a court order.

On Getting Your Dues

Girl collecting moneyFace it: in business, some clients try to stiff you by not paying their bills. While you can look up debt collection anywhere in Wellington, there are some things you can do first on your own before you hire some muscle.

An Ounce of Prevention

It’s always easier to find a remedy if you have a solid base. That includes a well-written contract and some knowledge of the client prior to your transaction. Consistency is key. Be clear that service will not be rendered if payment isn’t made, or include a firm payment timeline in your contract. Covering your bases can prevent misunderstandings and, hopefully, reduce the instances where payment is delayed.

Be Persistent

Should there still be any delays, send clients a reminder. The day after your client misses payment, contact them. Stay professional in your manner so you don’t burn any bridges. Sometimes, a client may miss the payment deadline not because they’re being aggravating but because there are factors preventing them from doing so.

These factors can include their own clients’ payment delinquency, or other similar cash flow issues. Call them, find out the reason they’re not paying you and from there decide on the frequency of your reminders. Some small businesses manage to force their delinquent clients to pay them based on sheer persistence in their follow up calls.

Hire an Agency

When following up doesn’t work and your client’s delinquency becomes too much to handle, you may want to refocus your energy on your business instead. This would be the time to let a collection agency handle matters. Some clients deliberately bully small businesses. They get away with it simply because some small businesses don’t have the energy to keep reminding clients of their due payments. By putting that account on debt collection, firms such as Rainey Collins Lawyers say you’ll recover at least part of something that you wouldn’t get otherwise.

It is unlikely you’ll get any follow-up business from clients you collected from in this manner. However, you might consider the loss of their business a boon; after all, you wouldn’t want to have to go through the entire process all over again.

Social Security Disability Insurance: A Brief Discussion

a man wearing prosthetics on left legSocial Security Disability Insurance (SSDI) is a program that pays monthly benefits to a person who is unable to work due to disabilities before they reach retirement age. Depending on a person’s needs, an individual may qualify for certain financial benefits.

There may be a lot of confusion as to whether one qualifies for Social Security Disability benefits, however. The Baim Law Firm believes that the insurance program is a valuable safety net, as it provides financial support to disabled workers and their families. Before you can enjoy the benefits of an SSDI, however, agencies will require you to submit paperwork and medical records to prove your disability. How do you know if you qualify for the benefits, though?

Job coverage

One of the things that agencies look at is the nature of your work. You must have recently worked in Social Security in order to qualify for the program. Aside from the nature of your work, you need to have an adequate amount of Social Security credit in order to be qualified, and this depends on the age bracket and year-by-year changes.

Medical condition

The definition of disability differs in the Social Security agency. The program only offers compensation to completely disabled individuals. Partially disabled or those with a short-term disability are not included in the scope of beneficiaries.

Decision-making procedure

The social security administration conducts a step-by-step process to determine whether an individual is disabled. Once a person passes the qualifications they will receive the proper compensation from the agency.

Special cases

Workers who do not pass the criteria but fall under any of the following categories—are visually impaired, the worker’s widow or widower, a disabled child, or a wounded veteran—may have the chance of getting qualified for an SSDI.

SSDI offers disabled workers with income security, but only a few people understand how the system works. Understanding the program is essential should workers seek the financial benefits.

Got Arrested for Writing a Bad Check? Here’s What You Should Do

Man getting arrestedWriting a bad check has many legal consequences and can lead to jail time. Check floating is when you knowingly pass a check for an amount you know is not available or sufficient in that bank account. Float checks are also those written against closed accounts. Either way, both carry big penalties.

The state of North Carolina views check bouncing or fraud as a criminal offense; with penalties ranging from fees to imprisonment of more than two years. Even if you intend to deposit the amount as soon as you get the money, you should never have written the bad check. In most cases, people would write a bad check and cover it with a future deposit. But banks only give a few days to two weeks for you to deposit the amount.

If you don’t meet the conditions stated in the bank’s notice, law enforcement agencies will issue a warrant for your arrest. Arrested or not, here’s what you can do to get out of this sticky situation.

Cover the Check and Pay the Fines

Once you receive a notice of insufficient funds from the bank, the right thing to do is cover the check as soon as you can. Tap into other sources of funds or borrow money from a friend or family member, or take out a quick loan. But if you really can’t make the deposit and pay the fines on time, be prepared to face the legal consequences.

Contact a Bail Bond Agency

If you get sued for bank fraud, the best thing to do is face it head on. Once the judge determines your bail amount during the bail hearing or arraignment, it’s best to post bail right away to avoid staying in jail. Bail bonds in Raleigh, NC are available if you are unable to pay the amount in cash.

Rebuild Your Credit Score

Having a criminal record can significantly impact your financial life. Banks can close your accounts and deny your future applications. Moreover, your credit score will terribly suffer. But, once you’re out of jail and have settled the issue with the bank and the individual or retailer you wrote the check to, you can still rebuild your credit.

The best way to avoid all these is not to misuse your bank accounts and never write checks if you’re aware of your credit situation. Having a criminal record will not only drive you into legal and financial trouble, but it will also taint your credibility.

A Dog Fight in Denver: Who Gets the Pets in a Divorce?

Lawyer in ColoradoColorado is an equitable distribution state. “Equitable,” however, does not mean “equal” but rather fair. Once you file for divorce, expect to get a fair division of your marital assets, as the Chancery Court sees fit. Will this equitable distribution include your pets?

Pet Custody

Colorado, along with most states, considers animals, or pets, as property. So your dog (or whatever species of animal you take care of) is part of your marital assets, which means the court can subject it to equitable distribution. Unlike in child custody cases, the court considers your benefit, instead of the pet’s welfare, when awarding pet custody.

Your Denver family lawyer can argue, that the pet in question is not a marital asset. If your dog meets the following exceptions, the court may decide fido is separate property:

  • You acquired the pet by gift, bequest, devise, or descent;
  • You acquired the pet in exchange for property acquired before the marriage, and
  • You acquired the pet after a legal separation decree.

But you and your spouse can also mutually decide the pet’s custody. The court can take your valid agreement into consideration when distributing assets.

Harmonious Distribution

A mutual agreement covering your pet’s custody, from visitation to medical decisions, will not only move the process along. It can also take out the animosity in divorce cases. More and more couples are probably realizing this effect, as the American Academy of Matrimonial Lawyers reports a decline in pet custody cases in the last three years.

It seems that an increasing number of divorcing couples are deciding the pets should stay where the kids are, so any claims by the noncustodial parent become moot. Incidentally, 96% of pet custody cases center around a dog, with 1% going to disputes over cats and horses.

Pets make life better. But when they become central to your divorce, the fight could get ugly. Ask your family lawyer to draft an agreement with your spouse. And you will stop fighting like cats and dogs over pet custody.