Legal Articles Written by HG.org
Applicants for SSI disability or SSDI disability benefits go through a sequential evaluation process. Clearer and more serious impediments are handled more quickly, including a special route for terminal claims. There are also multiple appeals that claimants are provided throughout the process.
While hail can cause extensive damage to a home, hail damage claims may not be easy claims to have accepted. Homeowners may run into difficulties with claims and compensation for payments that they have already made to repair the damage. Because hail damage is often unnoticed when looking at the roof from below, a professional with experience in hail damage is needed.
Millions of people across the country consider themselves or are perceived as having a disability. However, many of these individuals wish to work and benefit society. Employees and applicants are entitled to protection under the federal Americans with Disabilities Act.
Those who have been convicted of a crime often face a sentence that includes probation. While many are familiar with the concept of probation, the idea of violating it may seem a bit more foreign. What counts as a violation? How serious is it? What are the possible consequences?
According to the Centers for Disease Control and Prevention, approximately one million Americans are injured every year due to slips and falls. Additionally, another 17,000 people are killed in such accidents. When an individual or entity is negligent, the law provides a remedy to victims who are injured in slip and fall accidents.
Motorcycle accident cases are some of the most difficult to litigate. Motorcycle accident cases are often complex due to the nature of the injuries, the science involved in the accident and contributing factors that affected the accident. Some motorcyclists believe that there is a bias against them and they are judged more harshly than accident victims who were in passenger vehicles when they were injured.
A recent study has found a correlation between relationship health and Facebook use that may cause more people to want to switch off the computer and smartphone in favor of spending more time paying attention to their spouses.
Motor vehicle accidents can lead to a number of serious injuries. One such injury can be shoulder injuries. These types of injuries can have serious implications.
Unlike other states that use a “one bite” rule for dog bites, California imposes a strict liability statute that holds dog owners responsible for the injuries their dogs cause. However, there may be other potential defendants based on the circumstances involved in the case.
Skateboarding has been around for decades and so have the dangers associated with it. Commonly, skateboarding accident victims are children and teens, a demographic that is particularly drawn to this activity as a recreational and transportation alternative. Knowing the rights associated with being involved in such an accident is important for parents who find themselves confused in the aftermath.
Each state has enacted a statute of limitations for personal injury cases. This statute specifies the time in which a claim must be filed in order for the victim to move forward with his or her case. A personal injury lawyer can advise clients on the necessity of filing a claim and the appropriate timing to file their claim.
While assault and battery are often charged together, these two terms have very different meanings. Additional a criminal charge of assault or battery carries with it a different definition and burden of proof than a civil complaint of either act. Knowing the difference between these terms can help you protect your legal interests.
Plaintiffs who file a personal injury claim in California must be aware of the various limitations of personal injury claims in the state. Being fully aware of this information usually requires a thorough understanding of civil procedure in accordance with California law. Personal injury victims must ensure that they are acquainted with the following laws in order to avoid compromising their own case.
Many individuals may brush off a misdemeanor conviction as being not serious. They may quickly plead guilty to avoid the expense and publicity of a trial, thinking that a misdemeanor will not affect them. However, any criminal conviction can have long-lasting consequences. Criminal defendants should be aware of the potential impact of any conviction before they accept a plea agreement or plead guilty.
If you or a loved one was given probation, the judge who handled your initial case probably described what your probationary period would consist of. He or she probably set forth certain rules that you were supposed to follow, such as meeting with a probation officer on a regular schedule, abstaining from drugs and alcohol and following all laws.
California Penal Code 459 discusses burglaries and proscribes which type of activity may result in a conviction for first or second degree burglary. Subsequent statutes discuss the legal ramifications of a conviction under this section of the criminal code.
Due to federal and state law, it is generally illegal to discriminate against individuals due to certain protected classes identified by law. Federal law prohibits employment discrimination based on age, disability, sex, gender, religion, race and national origin. Many of these prohibitions are based on the Civil Rights Act of 1964, and they cover all Americans.
Every year, people are injured due to products that are defective in some manner. When the victims are young children, the results are often catastrophic, resulting in death or serious injury. Defective toys comprise a significant portion of product liability actions.
After a person has been involved in an auto accident and called in a claim to the insurance company, he or she is likely to wonder when the case will settle. A person can be in a sort of limbo as he or she waits for the settlement to occur.
The news has reported widely on the recent increases in the numbers of people defaulting on student loans. Caused by the “Great Recession” of 2008, a job market that has yet to fully recover, protests of colleges that offered something different than what they promised, or a number of other reasons, defaulted loans have become a near epidemic in America.
While it can be devastating to discover that your spouse has been unfaithful and broken his or her vows, laws are increasingly finding such information irrelevant. Most heartbalm statutes have been eliminated across the country, limiting the rights of the aggrieved spouse to seek compensation from the adultery partner.
Many teens decide to work in order to establish a foundation in budgeting, work ethic and money management. Some work to contribute to their households or supplement the family income. While these goals are laudable, it is not uncommon for teen workers to be injured on the job.
While some automotive accidents only result in minor injuries, some result in very serious injuries such as nerve damage. Such injuries can result in serious consequences to the victim. Filing a personal injury claim can help traffic accident victims to recover the expenses associated with their injuries including payment for medical expenses and lost wages.
Four practical "to do's" to follow after being served divorce papers. It is important to put yourself on the right track after being served divorce papers. Things such as your response to the divorce petition, choosing your form of legal representation and securing your finances are some of the key points to focus on soon after being served.
The aim of any employer is to have a hazard free work environment for the safety of employees. A hazardous workplace represents a greater likelihood that an accident involving employees may result.
In 2011, the United States saw an uptake in the number of cases filed with the Equal Employment Opportunity Commission that alleged workplace discrimination on the basis of religious discrimination. In that year, 4,151 cases were filed, the highest number of filings that existed for the last 20 years.
Many people sustain damage to the head during accidents on the road, in the home or in attacks. These are the most standard form of injuries during accidents, and they may lead to severe trauma or death.
Many older workers find it difficult to find employment after being discharged from their previous employment or reentering the workforce after time out of it. Some employers may inadvertently favor younger employees. Rejecting older applicants in favor of younger ones may expose employers to liability under state and federal laws.
When a person is injured in an accident, he or she may have to submit a claim to the relevant insurance company. Many times, this process can be long and confusing. This situation is exacerbated when the victim is trying to recover from the accident.
When a person is involved in an accident, he or she may be confused about what happens next. Based on tort principles, a person who sustains an injury that is caused by the negligence of another is entitled to compensation for the damages that he or she suffers as a result of that party’s negligence.
One of the most common questions that personal injury attorneys are asked is “How long will it take to resolve my claim?” The answer to this question varies. Cases can take different amounts of time because of a number of important factors.
When a dog bites someone, it is easy to blame the dog. However, the dog likely does not have any financial resources from which the victim can be compensated. Therefore, the law imputes responsibility on the dog’s owner.
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against individuals who are age 40 or older. It makes it unlawful to use a person’s age if he or she is at least 40 years old as a consideration in employment decisions in most cases.
Voyeurism is often defined as illegally recording another person, often for sexual gratification. The actual definition varies by each jurisdiction in accordance with the state’s definition of the crime. The consequences of being convicted of this crime are often quite serious.
A victim of domestic abuse can file for a domestic violence restraining order in order to keep the abuser away from him/her. A victim must provide the court with reasonable proof of physical abuse in order to convince the judge to issue the domestic violence restraining order, which requires the respondent to stay at least 100 yards away from the victim. The domestic violence restraining order remains in effect for one year and can be extended.
People break up and get divorced every day. Many of these relationships may end in an amicable fashion. Even if the relationship involves some bitterness and drama, the only turmoil is usually emotional.
In Georgia, there is more than one way to be convicted of a DUI charge. The prosecution has the burden of proof that you have violated the law.
Every year, approximately 800,000 people are bit by dogs to such a degree that they require medical attention. Children and postal workers are the most susceptible to such bites. Due to the prevalence of such attacks, there are many personal injury cases that are based on dog bites. This also means that there is more opportunity for victims of dog bites to make a mistake that adversely affects their legal rights.
Joint tenancy is one way for two or more people to own real estate together. This special designation carries with it certain rights and responsibilities.
Like in other states, nurses are governed by a state board. This board is responsible for vetting nurses and enforcing rules that may impact nursing licenses.
When two parties make a contract and one breaches it, there are generally two types of remedies that are available to the non-breaching party: equitable remedies and legal remedies. Each type has several subtypes of remedies that may be available.
The time following a vehicle accident may be quite confusing. Disoriented from pain and unfamiliar legal processes, many accident victims find themselves more susceptible to influence by people or organizations they think they can trust. Unfortunately, insurance companies often take advantage of this condition in order to avoid paying victims everything to which they are entitled.
United States citizens can petition to have a sibling become a legal permanent resident by following specific procedures. The citizen and the beneficiary must meet certain criteria in order for the sibling to legally enter the country.
Unlike many western cultures, Philippines courts forbid divorce according to their Family Code of laws. Annulment is the only recourse a Filipino citizen has under normal circumstances. This is different than a Decree of Nullity of Marriage. This states that the marriage was invalid at its inception. It was not legal due to incorrect agreement or performance by the clergy.
When individuals are involved in an automotive accident, the legal theory is usually negligence. In order to establish that the other driver was negligent and responsible for the damages that arose, the plaintiff must prove all elements of negligence.
When your marriage has ended and you discover that it is because your spouse has had an affair and/or has fallen in love with someone else, you may be tempted to seek revenge against the person who has “stolen” your spouse’s affections. Before you race off to court, you should check the laws of your state regarding these types of claims, as well as their success rates.
Suspension from work, without pay (unpaid suspension), is the temporary removal of an employee from performing his/her work duties and from receiving pay, as a disciplinary measure. Many employers who have progressive discipline policies use unpaid suspension for employee misconduct: such as theft, unsafe work behavior and company policy violations.
Generally a license is suspended in Georgia for one of two reasons.
Individuals who are injured in motor vehicle accidents must sustain a variety of injuries ranging from minor injuries to very serious injuries. While some individuals believe that high-impact collisions are the only ones that result in serious injuries, this is not always the case. Victims of low-impact collisions sometimes suffer from debilitating injuries.
Sometimes when individuals travel to the United States, they will also want their domestic help, such as a maid, housekeeper or nanny to travel with them. In order to accomplish this objective, the traveling individual must petition for a B-1 Visa.
Talking to an insurance adjuster after an automotive accident can often lead to disastrous consequences. By taking on this important feat, it is likely that the victim injured in a personal injury case will make a mistake that will adversely affect his or her case.
A buy-sell agreement is a special agreement that protects a business from the actions of its owners. This can protect business from malevolent acts of owners and innocuous threats alike. A buy-sell agreement can offer protection to businesses in the following situations and in the following manners:
If you or a loved one has been refused a visa under Sections 214(b) or 221(g) or through administrative processing, a difficult road lies ahead. This denial signifies that a consular officer has already made the determination that insufficient evidence is present to warrant the issuance of a visa. However, this finding can be overcome.
After an accident, many people assume that the insurance policy that covers the at-fault driver will be responsible for covering medical expenses. However, this is not always the case, especially when the state uses a no-fault system. New Jersey is one such state that uses this system.
Buying a franchise can feel overwhelming. You worry about all the things you know, and you worry about all the things you don’t know. I write this checklist to fill in the great unknown. This checklist gives you a bird’s eye view of legal compliance for your start-up franchise.
Both debt collection agency and debt collection law firms perform similar roles by pursuing unpaid debts. Additionally, both are regulated by the Fair Debt Collection Practices Act. However, the manner in which the agency or firm collects debt can be different, along with other characteristics of the firm or agency.
One of the first questions that arises after a motor vehicle accident is who was at fault. The answer to this question can have a dramatic impact on the parties involved, including which party’s insurance will cover the repairs and damages that the innocent party incurred. Additionally, the party at fault may be subject to fines or criminal liability.
Like many other states, Texas has a Good Samaritan Law that protects citizens in the event that they provide emergency medical assistance. This law is meant to shield people acting in good faith and in their best efforts from civil liability and to protect the public by creating an incentive for others to help in a time of emergency.
Disputes in construction projects are not uncommon. When a problem arises, it is vital that a party have a clear contract with favorable terms that can help determine how such a dispute should be resolved. Some methods of negotiating an effective construction contract are detailed below.
Motor vehicle accidents are so common that states require all drivers to maintain minimum liability coverage. New Jersey is no exception. As a condition of driving, motorists are required to carry liability insurance so that individuals do not have to be responsible for injuries that were caused by another person’s negligence.
When a Filipino citizen is engaged to an American citizen, he or she is lawfully allowed to enter the United States if he or she acquires a K1 visa. There are certain steps that must be followed and criteria that must be met before a K1 visa will be issued.
If you are involved in an automotive insurance company, you may need the assistance of your insurance company to pay your medical bills and repair your vehicle. However, conversations with your insurance company should be strategic. Avoid saying any of the following:
If a child’s parents die while he or she is still a minor, the court may appoint a guardian to look after the child and his or her finances. However, guardianships pose certain perils which may be avoided through other legal mechanisms.
Statistics show a strong correlation between animal abuse and the commission of other crimes. Recognizing this connection, some proponents push for harsher penalties and interventions.
When launching a new business, you may be more concentrated on advertising, coming up with necessary capital and staffing needs. However, the decision on whether or not to incorporate your business or establish another entity is an important one that can have long-lasting effects.
When a legal dispute arises, many individuals believe that litigation is the only way out. However, there are a number of ways that legal conflicts can be resolved without resorting to litigation, including negotiation, arbitration and mediation.
In order to entice talented individuals to work for them and to retain qualified staff, some employers offer fringe benefits and other perks to employees. Knowing about fringe benefits can help employees and employers have a better understanding of what a new or existing job provides in the way of benefits.
In some instances, a grandparent may wish to get a court order that specifically establishes his or her rights. Missouri has very specific laws on this subject and a process in which a grandparent may ask a court to provide for visitation rights.
Automotive accidents are a leading cause of brain injuries in the United States. However, many individuals do not realize when they have suffered a brain injury after an accident. This can potentially make the injury more serious.
For many entrepreneurs, starting a franchise makes more sense than venturing out into completely unknown territory. The franchisee benefits from operating a business with a recognized name and reputation while the franchisor is able to receive a steady income stream by allowing others to use its name.
When an executor or fiduciary is compensated for his or her work, this is considered taxable income. As such, there are specific requirements related to reporting this income on his or her taxes.
A non-compete agreement or covenant not to compete is a legal agreement in which one person, usually an employee, agrees not to compete against the business for a certain amount of time. California has very specific rules regarding such agreements.
Many real estate transactions include many parties, including investors, brokers and contractors. In order to ensure that all parties benefit from such arrangements, formal structures are often established. Some of the issues that are considered regarding joint ventures are discussed below.
When a contract is clearly worded and contains all of the relevant information, it is less likely to be misunderstood by the parties. Additionally, if one of the parties has to have the contract enforced by the court, a clear contract can dramatically help.
Many individuals enter into prenuptial agreements in California as a precaution in case of divorce. Prenuptial agreements can help protect assets and income and protect spouses from default divorce rules. Although spouses will hope that they will not need to use their prenuptial agreement, it is there for them in case of divorce. Therefore, an effective strategy for creating a prenuptial agreement is to consider how the divorce should be handled.
Change causes crisis and crisis causes change; nevertheless, too many people are capitalizing on the current state of --well everything, and providing mental health treatment without a license. This article is of particular interest to anyone who has been injured by seeing a “life coach” or someone providing coaching or counseling services without a license.
When it comes time to try a case, there are sometimes a few options. In criminal cases, matters are almost always decided by a jury. But, in civil cases, one can often opt to have either a jury or a judge decide the case. So which is better? Are there any advantages to one over the other?
A standard of proof refers to the duty of the person responsible for proving the case. There are different standards of proof in different circumstances. The three primary standards of proof are proof beyond a reasonable doubt, preponderance of the evidence and clear and convincing evidence.
In today’s world, it is just as likely that a marriage will come to an end due to divorce just as much as it is for the couple to stay together. Marriages come to an end for many reasons, including adultery, problems communicating, control issues or many other reasons.
Standards of care or standards of practice in nursing are general guidelines that provide a foundation as to how a nurse should act and what he or she should and should not do in his or her professional capacity. Deviating from this standard can result in certain legal implications.
With a salary usually come many benefits. A salaried worker may receive paid time off, additional medical days, holidays off and other distinct advantages. This position is often associated with a position higher in the company. However, there can be some drawbacks to being a salaried worker. In some situations, employers give this status to employees in order to avoid paying more money for overtime benefits. However, doing so can be a violation of the Fair Labor Standards Act.
Absenteeism is a common vocabulary faced by almost all employers. Continued absenteeism can be damaging to an organisation, as there is potential loss of efficiency and effectiveness as well as a fall in customer service and not to forget a strain on the absent employee’s co-workers. Absenteeism not only impacts on production levels; it impacts on other staff.
An opiate is a medicine that contains opium, a naturally occurring narcotic present in the poppy plant. Law enforcement officials use opiate testing to detect the presence of codeine or morphine. Codeine is a type of pain reliever while morphine is a substance that is injected as it is in a metabolic state.
Motor vehicle accidents comprise a large proportion of personal injury cases. Determining which party is liable for the accident requires a careful analysis of the claim. Before a party is entitled to receive compensation for a motor vehicle accident, the plaintiff must be able to show specific elements.
Being pulled over by a law enforcement officer can be a stressful situation, even when the person being pulled over has done nothing wrong. In many cases, the law enforcement officer has the discretion of whether or not to give the individual a ticket or let him or her off with a warning. Some proactive steps can help increase a person’s likelihood of avoiding a ticket, including the following measures:
Capitalist nations such as the United States recognize the advantages of free competition. Some landmark cases had direct consequences on antitrust regulation. Some of the most infamous antitrust cases are discussed below.
In some custody cases in which the parents do not agree on who should have primary custody of the children, a custody evaluation is taken. The judge can consider the results of this evaluation in addition to other information. Such custody evaluations may occur during the divorce process. If the parents are not married, this may be part of a separate custody action or a modification of custody action.
Domestic Abuse is a significant problem. However, the way the system handles that issue has created, perhaps an even greater danger related to false allegations of abuse. They permeate divorce, legal separation and custody proceedings often as a strategy to seek an advantage in a custody case. Review this guide to defending against false allegations.
Divorces are rarely easy, and very few end with zero disputes over major assets. For most relationships, the biggest shared assets are related to real estate. Whether the marital home or investment property, those going through divorce often want to know, “what happens to real estate in a divorce?”
The old adage is that the best time to talk to a lawyer is when you don’t actually need one. Some of the reasons why you may want to speak to a lawyer include:
Medical malpractice occurs when a healthcare professional deviated from the appropriate standard of care and, as a result, injured the patient in the process. In order to support a medical malpractice case, it is usually necessary to have medical experts piece the information together into a cohesive story.
In a medical malpractice case, the plaintiff bears the burden of establishing that the medical professional provided treatment in a negligent manner. This is often expressed as the medical professional deviating from the accepted standard of care. These lawsuits have transformed how one is treated medically.
Due to the tragic consequences of bullying, a multitude of laws, programs and policies have been enacted to curtail this aggressive and damaging behavior. Even seemingly minor actions such as name calling can have lasting effects upon the psyche of those that must tolerate such ridicule from others.
Pakistan does recognize the right for both the husband and the wife to pursue a divorce. However, there are very strict requirements that must be met before a court will grant a valid divorce.
Assault is a serious criminal charge. Its consequences are serious. Knowing the potential consequences and defenses can help criminal defendants protect their legal interests.
Many illegal sexual attacks and illegal sexual behaviors often do not happen in public areas. Therefore, many accusations are made without any witnesses to these crimes. Approaching these cases requires a dual commitment of protecting the victim who is reporting the crime and protecting the defendant’s legal rights.
The decisions made during the divorce process can have long-lasting consequences. By approaching this process from a reasoned standpoint and paying attention to details before and after the divorce process is initiated, a spouse can save thousands of dollars in legal fees and improve his or her bargaining position.
A good divorce lawyer can be a tremendous resource during the divorce process. However, it can be difficult to find an attorney when there are often so many to choose from and only limited information that you have about prospects. Use this guide to help you retain a lawyer who will assist you throughout the divorce process.
While all 50 states now have no-fault and fault-based grounds for divorce, the process of getting a divorce is different in each state. Read the information below to learn about how the process of getting a divorce in California and consider seeking legal representation to assist you with this process.
While many individuals may believe that the main distinction between a legal separation and divorce in California is that separation is considered temporary and divorce is considered permanent, this interpretation is not accurate. Many separation agreements later serve as the foundation of the divorce agreement, so negotiated terms may indeed wind up being permanent, even if they were hammered out during a separation. Read on to learn more about what a legal separation might mean for you.