Know Your Fishing Laws

How To Shorten The Length Of Lawsuits Against Your Business

Posted by on 10:41 am in Uncategorized | Comments Off on How To Shorten The Length Of Lawsuits Against Your Business

Lawsuits against your business, especially group lawsuits where there is more than one plaintiff involved, can drag on forever. They are expensive to defend and the longer they go, the closer to bankruptcy you get. However, there are ways to make the lengths of the lawsuits against your business shorter. Have the Proof to Refute All Claims Made The fastest way to end a lawsuit against your company or business is to have all of the proof needed to refute every claim made by the plaintiff(s). This may take some time to collect, but if your lawyer has the specific complaints right in front of him/her, then you know exactly what to look for in your company’s files, security footage, etc. Then you can refute all of the claims and cut the lawsuit time down to a few days or less. Hire Some Really Good Business Litigation Attorneys Do not try to defend your company/business on your own just to save money. The plaintiffs have a lawyer, and so should you and your company. Whoever you hire, make sure they are really good and have an excellent track record for business litigation defense cases. If Possible, Settle out of Court When you settle a lawsuit, you may feel as though you are taking the coward’s way out or that you are admitting that your company/business is guilty of the offenses outlined in the lawsuit. Regardless of whether or not your company is guilty, pleading out is not a cop-out. It saves everyone thousands of dollars in legal fees, lost time and lost wages or lost profits. Make the plaintiffs a reasonable offer, and they are more likely to accept than spend hours sitting in a stuffy courtroom trying to get more money and/or prove your company’s guilt. If You Cannot Settle, Your Lawyer Will Take His/Her Cues from You Defending your business/company against charges of negligence, fraud, extortion, etc. is a big deal. You may not be able to settle out of court. If the plaintiffs and their lawyers do not accept your offer, your lawyer will have to take the lead on your case and ask you about the outcome you expect should this case continue. Your lawyers will take their cues from you on how you want to proceed, and then continue along those lines until a ruling has been made or until you have decided that you want to switch gears and try to bargain again. For more information, contact local professionals like Evangelista Worley...

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Yes, You Can Be Ordered To Provide For Adult Destitute Children

Posted by on 11:53 am in Uncategorized | Comments Off on Yes, You Can Be Ordered To Provide For Adult Destitute Children

Many divorced parents heave sighs of relief when their children turn 18, because it generally means they can stop making child support payments. However, you shouldn’t put away the checkbook just yet. In some circumstances, you may be required to continue providing financial support to a child if the court determines he or she is destitute. Here’s what you need to know to prepare yourself for this eventuality. Adult Destitute Child Factors The courts look at several factors when determining a parents’ financial obligation to their adult children: The child’s mental or physical disabilities When the disability occurred The child’s capacity to earn or obtain income Whether the income is sufficient to cover the child’s reasonable living expenses Although the rules vary from state to state, in general, only adult children who are mentally or physically incapacitated are eligible for extended support. Additionally, that incapacitation typically must have occurred before the child reached the age of majority. Be aware, though, that the state may take certain liberties with this cutoff point. For instance, the age of majority in Indiana is 18. However, a parent must continue paying support until the child is 19. If your child becomes disabled between age 18 and 19, then you may be required to continue paying until the child is no longer incapacitated or can support his or herself. Lastly, most states don’t require adult kids to have absolutely no money to qualify for parental support. The only qualification is the income your child receives (or has the capacity to earn) must be less than his or her reasonable living expenses. If your child earns $1,000 per month working at the library, he or she may still be eligible for financial help from you if his or her living expenses amount to $1,500. The important thing to note here is the income must be readily available to the child at the time the support case is heard. For instance, if the child doesn’t gain access to a trust fund until age 25, the court won’t count that asset towards his or her income when determining whether the child is destitute or not. Planning for the Future If you have separated from your spouse (or in the process of doing so), it’s critical you discuss this issue with an attorney if you have a child who is mentally or physically disabled and may have a difficult time providing for him or herself. A family lawyer can also provide advice and assistance if your ex-spouse is requesting you continue paying support for a child you think is fully capable of financially caring for his or herself. The attorney can let you know what to do to obtain the ideal outcome for your situation. For instance, the lawyer may recommend you set up a trust fund for your child’s long-term care or help you hire an occupational expert who can testify about your child’s earning capabilities. For more information about this issue, contact a lawyer at a law office like Fleishman Law Office...

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Switching Angles for VA Appeal

Posted by on 6:44 am in Uncategorized | Comments Off on Switching Angles for VA Appeal

After being denied benefits from a Veterans Affairs (VA) claims office, you will have little choice but to change the way your claim is designed. You can appeal the decision as many times as you want, but it’s in your best interests to get everything as close to perfect as possible to get the support you need. If you want to reach victory sooner, here’s a bit of claim-system insight to help you figure out what you need and how a lawyer can help. Battling the Fraud Filter The VA has fairly strict fraud-prevention policies to keep money and resources available for legitimately suffering veterans. It’s no secret that veterans with real issues who need help are declined from time to time, but to prevent fraudsters from taking the money that you and your fellow veterans deserve, there are a few traits that your claim must match. First, your injury or condition must have been caused by military service. This means that injuries before and after your military service are not eligible, but there’s a complex world of conditions that happen during military service that could complicate things. Hereditary conditions aren’t covered unless a mistake is made by the claims system or you’ve kept the condition’s origin a close secret. Some conditions have no clear cause, meaning that they can’t be specifically blamed on military service. This doesn’t mean that the VA won’t approve your claim, but it does mean that you’ll need some strong proof that borders on original medical research to get your claim approved. A professional is necessary in these cases. Second, you’ll need to prove that you’re still suffering from the problem. The VA won’t give you any benefits if you’re not currently suffering or can’t medically prove a continued problem. At most, you’ll get a 0% rating, meaning that you’ll get VA-provided medical care and referrals but not the monetary compensation you’ll need for any economic hardship caused by your condition. Getting a Lawyer for the Right Evidence A denial means that you’ve either done something wrong or run into an especially difficult claims office. In either case, an injury lawyer is necessary to create an iron-clad argument that can break through most doubt—or discover wrongdoing. Injury lawyers have experience in looking through the circumstances of an injury and comparing it to the facts of your life and the claim system. As a military veteran, you’ve likely encountered a lot of different situations that you weren’t familiar with or may not have known about. From uniform burn pits that release chemicals in the form of dangerous inhalants to foreign countries with different health risks, there may be some shred of evidence from an event in your past that you didn’t know about. If you know exactly what caused the problem, the lawyer can help by pinning down the information with the proper links and documentation for a better claim appeal. Contact an injury lawyer to get targeted attention for your VA disability...

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Business Disputes: Mediation, Arbitration, Or Court?

Posted by on 5:56 am in Uncategorized | Comments Off on Business Disputes: Mediation, Arbitration, Or Court?

If you run a business and are involved in a dispute with another business, sometimes talking it out between the two of you just won’t work. When you need a third party to get involved, you might think court is in the future. However, it’s not the only option. Mediation and arbitration are also options. However, not all of these three can work in every circumstance. There’s usually one form that stands out from the others depending on the issues surrounding your case. Trying to Stay Low-Key Sometimes you and the other party don’t want the publicity that can surround a full lawsuit. In that case, mediation or arbitration are better. Arbitration can be private, and mediation doesn’t have to be discussed outside the companies at all, either. Mediation is rather informal — you can’t enforce the final agreement and it kind of relies on the honor system. It’s better for friendly disputes where both parties are interested in working with each other to find a solution. Practical Issues Sometimes you need a legally binding outcome, but you also need it fast or cheap, or both. For that, there’s arbitration. Consider it litigation lite: both parties have to abide by the arbiter’s final decision, and the arbiter is a neutral party just as a judge would be. But it’s a faster process that doesn’t require as much money thrown at it from either side. Arbitration would be your best solution if you need this combination of practicality and legal procedure. It’s also less of a hassle if you’re dealing with an international opponent, too. No Cooperation Sometimes, though, one party is just not going to cooperate, and both sides will insist they’re right. If the battle has become too complicated and acrimonious for arbitration — and there are no contractual clauses stating the parties must go to arbitration instead of court — then plain old litigation is the answer. This is the full lawyer-judge-jury setup that can result in a settlement or verdict. One advantage to litigation is that it requires all evidence be disclosed on both sides. If you think your opponent is hiding evidence, then litigation may be a good path for you. Of course, this all varies from case to case. Speak with a commercial litigation lawyer to figure out if going to court really is in your best interests or if you should choose another option. Visit websites like http://www.vanblk.com for more...

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Are You Getting Pushed Around By Your Home Builder? Call A Lawyer Fast

Posted by on 3:18 am in Uncategorized | Comments Off on Are You Getting Pushed Around By Your Home Builder? Call A Lawyer Fast

If you are in the process of building a home and you’ve noticed that the builder has started changing what materials they use for the structure of the home, you will want to take your building contract to a lawyer. It’s important to make sure that you get what you were told you would have for the home and that you are getting what you pay for. Go Over Materials            If you were told you would have granite or hardwood and energy efficient windows, but you are now being charged more or the materials aren’t what you expected, you want your lawyer to make sure you get what you wanted at the original amount you agreed to pay. Your lawyer will go through the building contract to make sure all the materials match up with the expense you’re being charged and with what you are expecting. Look at Closing Costs and Permits You could be over paying for the closing costs and the permits involved with the build of the home. Your lawyer will look through the closing costs, and you shouldn’t be paying for everything. The builder should be paying for some of the costs associated with closing, and your lawyer will see if the builder is trying to markup the costs of the permits. Set the Closing Date It isn’t uncommon for a house to get delayed during the building process and for the closing date to get pushed back. But you want to make sure that the builder doesn’t take advantage of you and put other houses in front of yours when it comes to their priorities. Your lawyer will make sure your builder sticks to the dates that they gave you, and the lawyer will change the document to have penalties if they are late.   When you agree to build a home with a builder, it can be difficult to understand all the details of the contract and to know that you are getting what you pay for when it comes to materials. Hire a lawyer to go over the information so you know you aren’t getting taken advantage of by the building company that you chose to use and so you are sure to get into your home when you need to get in. The builder will know you are serious about getting the project completed, and completed as you expected, when you hire a...

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Three Things You Must Disclose On Your Divorce Paperwork

Posted by on 6:27 am in Uncategorized | Comments Off on Three Things You Must Disclose On Your Divorce Paperwork

When you are going through a divorce, especially a very contentious proceeding, you are stressed and it’s easy to forget the little things. Divorce paperwork may seem complicated, but it is merely a matter of reading the documents thoroughly and providing all of the information the court needs. When you fill out your financial disclosures for the purposes of spousal support or child support, you may forget to disclose some types of income. This can get you into a lot of trouble with the court. When you fill out your financial paperwork to accompany your divorce petition, don’t forget to disclose the following three things. Educational Income This area gets some individuals in trouble. If you have income from any educational source, such as the Department of Veterans Affairs Montgomery GI Bill, this must be disclosed to the court. It may or may not affect the amount of spousal support or child support you are awarded, but it still must be disclosed. This is especially important if the benefits you receive are based on your spouse’s service to the nation. Investment Income Investment income is another area that is sometimes missed. If you have stock dividends or other investment income that you expect to receive, you need to disclose this to the court. Unless it is a substantial amount, it won’t affect your judgment for support, and you may not think it is worth mentioning, but it is always best to disclose all information so you don’t give an appearance of trying to conceal assets. Grants and Other Income If you are expecting to receive a grant for educational purposes, for a small business that you currently own or are expecting to start, or for any other purpose, this must also be disclosed to the court. During the divorce proceedings, the judge needs to have a full picture of your financial situation, as well as your spouse’s, so a fair judgment can be made. If you choose to conceal any type of income, you may get more money at the start, but once the concealment is discovered, the monetary sanctions the court imposes on you will wipe out any extra money you received from your former spouse. Divorce paperwork can be confusing, especially if you are distraught over your divorce and don’t have much familiarity with legal proceedings. You don’t have to hire someone to represent you, but you can seek assistance with completing your divorce paperwork and navigating the court...

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Divorce Leading To Parental Alienation? Here Are 4 Steps You Can Take To Remedy The Situation

Posted by on 9:52 am in Uncategorized | Comments Off on Divorce Leading To Parental Alienation? Here Are 4 Steps You Can Take To Remedy The Situation

If you’re involved in a heated custody battle, you want what’s best for your children. Unfortunately, not all parents feel that way. Some parents—for whatever reason—simply want to maintain control of the situation. That’s where parental alienation comes in. If your ex is working to undermine the relationship you have with your children, don’t give up. There are ways that you can work to combat the situation. However, it’s important that you do so in a positive manner. Here are four steps you can take if you’re the victim of parental alienation. Don’t Adopt the Behavior  If you’re the victim of parental alienation, the last thing you want to do is adopt the disruptive behavior. You might be tempted to try and help yourself by pointing out your ex’s flaws. However, that’s also a form of parental alienation. Instead, continue behaving as you normally would. Let your kids see that you’re not bothered by what’s being said about you—even if you are. Be Consistent If you’re ex is trying to paint you in a bad light to your kids, don’t give them the ammunition they need to “prove” their point. Be consistent. Be on time to pick up your kids, and always follow through with the plans you make. The first time you’re late, or have to switch plans, your ex may use it as a way to prove that they’re right about you. Reach Out If the parental alienation has reached a point where your children no longer want to spend time with you, continue to reach out. They may not want contact with you now, but someday they may reach out to you. Continue to send cards and letters—even if you know they’ll be intercepted. Keep a journal and outline each time that you tried to reach out. This information will be important to your kids when they finally do approach you. Gather a Team If you’re struggling to overcome parental alienation, you need to know that it’s a battle that can be won. To be successful, however, you’re going to need a team of professionals who understand the struggles you’re up against. When gathering your team, be sure you choose attorneys and counselors who have experience dealing with parental alienation. If you’re going through a divorce, and you’re the victim of parental alienation, so are your children. The information provided here will help you protect your rights and the rights of your children. For further information about parental alienation, be sure to speak to your attorney (such as John D...

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Plan To Return To Work After Bypass Surgery? Don’t Cancel Your Disability Claim Yet

Posted by on 7:32 am in Uncategorized | Comments Off on Plan To Return To Work After Bypass Surgery? Don’t Cancel Your Disability Claim Yet

If you file for disability benefits after having bypass heart surgery but now change your mind and plan to return to work after your recovery, you may wonder if you should cancel your disability claim or allow it to go through. Canceling your claim may not be the best idea right now. Unless your doctors give you a clean bill of health, it’s a good idea that you wait to see if your heart surgery is successful. Here’s why you shouldn’t cancel your disability claim just yet. Why Shouldn’t You Cancel Your Claim? Keeping your claim open may actually benefit you instead of hurt you. Although most coronary bypasses prove successful for patients, some individuals may experience complications afterward, including infections, bleeding and blood clots. If you need additional treatments to overcome your problems, it may take you longer to recover overall. Not having some kind of financial help to keep you afloat during your extended recovery may create stress in your life that can potentially affect your health.  The Social Security Administration, or SSA, will allow you to return to work after your extended recovery period ends through a program known as “trial work period.” The trial allows you to work up to nine months and still receive disability benefits. After the trial completes, the SSA will re-evaluate your status to see if you can continue receiving benefits. If your doctor states that you are well enough to work without issue, the SSA will generally discontinue your benefits. But if you still need treatment or experience heart complications that limit your ability to work full time or certain hours, you may continue receiving your benefits. It’s a good idea that you hire a Social Security Disability attorney to help you with your case. What Can You Do to Continue Your Claim? One of the things you might do is meet one-on-one with a disability lawyer. An attorney will most likely monitor your medical treatment during your case. They may submit medical documentation that shows the status of your treatment, including any subsequent heart surgeries, therapies and medications you receive to manage your condition. Although you can do these things yourself, it may be stressful on your during your recovery. Also, bring copies of your original claim filing so that an attorney can go over it and examine it for errors, such as incorrect dates or unanswered questions. If you’re still in the hospital and can’t attend an in-person appointment, an attorney may come to you. This is something you must discuss with an attorney over the phone, or you may ask a spouse or guardian to speak for you. For more details about your claim, contact a disability attorney, like Paul F Guthrie, as soon as you...

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What Can You Do If Your Boss Is Discriminating Against You Because You Are Pregnant?

Posted by on 7:01 am in Uncategorized | Comments Off on What Can You Do If Your Boss Is Discriminating Against You Because You Are Pregnant?

When you learn you are having a baby and tell your boss about it, you may not expect to be treated any differently as long as you continue to perform well at work. However, as time passes, you might start to notice that your boss tries to change the scope of your duties or put you in a less prominent position with clients. You may not be given a promotion you were promised. It may dawn on you that you’re being discriminated against because of your pregnancy, but you might not know what to do next. Here’s what you should do next. 1. Take Notes Every time that something happens where you suspect you’re being treated differently than other employees, write it down. Anytime your boss makes a remark about how you can’t handle certain work projects or gives projects of yours to someone else for seemingly no reason, write it down and make sure you add the date to your notes. If you ultimately decide to take things further, having specific examples of what was said and done can be helpful to back up what you say. 2. Talk to Human Resources When you finally make a decision to report your boss’s behavior to someone, your first stop should not be to other employees, but to the human resources department within your company. Different companies have different ways of handling discrimination claims, but you might want to type up a written statement that contains information from your notes about how you have been treated. The human resources department should investigate by talking to your boss and others. At this point, you might start to feel afraid that you could lose your job. In most cases, that will not happen. There are laws that offer you protection as someone who has been unfairly targeted. 3. Go to the Local EEOC If things don’t change as a result of your visit to the human resources department, you can head to the local chapter of the EEOC (Equal Employment Opportunity Commission). You can’t skip the HR department and go to the EEOC, as they generally require that you have already tried taking action within the company before getting involved. If the EEOC finds that you have grounds for a complaint, they will begin their own investigation on your behalf. If they can see clear evidence that you’re telling the truth, they can help you to resolve the problem or even file suit on your behalf. 4. Sue Your Boss and/or Your Company The EEOC’s investigation may turn up nothing concrete in its investigation. In that case, your last option is to sue your boss and/or your company. You’ll need to retain the services of a discrimination attorney so you can build a strong case that can...

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3 Changes In Illinois Law That Can Impact You And Your Children During And After A Divorce

Posted by on 9:09 am in Uncategorized | Comments Off on 3 Changes In Illinois Law That Can Impact You And Your Children During And After A Divorce

If you and your spouse have decided that the best choice for the two of you and your children is to end the marriage, it is important to be aware of new laws in Illinois that can impact divorces in that state. For instance,the existence of child custody as it has functioned for many years will change radically. If you or your spouse will be filing for divorce in the near future, it will be in your best interests to be aware of the following changes to Illinois law. #1-Expect A Detailed And Unique Parenting Plan That Both Spouses Must Agree To In recent years, it was common practice to either be bound by a standard custody order or to create one that was appropriate for the children and acceptable to both parents. It would then be agreed to and ordered by the judge prior to finalizing the divorce and custody decisions. Now, divorce law includes 17 different decisions that must be agreed to by both parties, including religious, educational and extracurricular activities for minor children. In addition, unless both parents will have access to each minor child’s academic, medical and dental records following the divorce, it will be helpful to confer with your local divorce attorney as to how that can be done. #2-You Will No Longer Be Allowed To Move More Than 50 Miles Away With Your Children Another change that went into effect January 1, 2016, relates to your ability to relocate with your kids after the divorce. While you previously had the option to move anywhere in the state of Illinois without needing permission from the courts or your former spouse, you are now limited to being able to move just 50 miles within the state with the consent of the other parent. If you are moving across state lines with the approval of your former spouse, you can only do so up to 25 miles from your current home. #3-Neither Spouse Will Have Custody It is important to note that no-one who filed for a divorce in 2016 will be able to get custody. Instead, it will now be known as an allocation of parenting time and responsibility. It will include the 17 different points that were previously agreed to by both parents. If either party does not comply with the new order, legal consequences are possible. Although it is thought that removing the word “custody” from legal documents that started in 2016 or later will inspire a more congenial attitude from both parents, it is still possible that defying the agreement could result in criminal charges. As a result, it is crucial to be sure that you understand and agree with each aspect of the divorce and custody agreements. In conclusion, it is crucial to protect your interests and that of your children by working with an experienced attorney when it is time to end your marriage. In addition, it is a good idea to be aware of the information listed above about new laws in Illinois that will impact specific aspects of your divorce and the ways that your children will be parented following the dissolution of your marriage. To learn more, visit a website...

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