Category Archives: Law

How Lawyers Help Mediate Employment Issues and Family Conflicts

Couples having conflictsSometimes it’s inevitable that problems arise between two people. Be it in marriage, the workplace, or at home, a lot may get affected by these disagreements if left unsolved. If the conflict ever reaches court level, this is where lawyers come in, to help settle disputes between parties.

Some law firms specialize in matters regarding divorce, adoption, or employment issues. Take a closer look at what they do with these three legal fields.

Employment Dispute Mediation

In the event of disputes arising between employers and employees, lawyers specializing in these cases come to talk with both sides. Common issues include discrimination, sexual harassment, wrongful termination, and the like. The workplace is stressful enough already, so it is important to hear what each side has to say so that an agreement might be made between the two.

Family Law Mediation

The relationship of parents with their children is a fragile one, especially when the kids haven’t come of age yet. Divorces may happen in a family, but lawyers can mediate between parents to avert messy outcomes. Child custody agreements can be made, in which each parent would handle responsibility for one half or all of their children.

Elder Law Mediation

Elder persons who are suffering from sickness usually have to discuss wealth management matters with their family members. This is a delicate topic that could easily break down if not discussed properly. Lawyers specializing in elder law mediation can help in these matters. Their role as mediators is to ensure that a fair process is made and the relationship of the family is maintained. Be it class action mediation or court proceedings, you can count on lawyers to assist you with these legal matters.

When Should You Call a Medical Malpractice Attorney?

Gavel and stethoscope on a table

Gavel and stethoscope on a tableHave you been injured or misdiagnosed by your doctor? Or has your doctor failed to give you the right medical standard of care that you need? These are the types of questions you should ask yourself when thinking of filing for charges for medical malpractice. But the main question you need to answer is this: What exactly falls under medical malpractice?

Medical malpractice is defined as cases filed by patients who have been harmed or injured due to poor medical treatment or having been given a wrong diagnosis from their medical provider. This can be a doctor, nurse, technician, or any hospital or medical worker.

It can also be defined as an instance when a healthcare provider deviates from the “standard of care” when treating a patient. It means your medical provider causes you injury or further illness, gives you a misdiagnosis of your ailment, gives you the wrong prescriptions or other medications, or has not properly informed you of all the possible risks or consequences of the prescribed treatment plan.

Before filing anything

Now if you have identified your situation as a case of malpractice, there are a few things that you can do before you hire a medical malpractice attorney in Oklahoma to handle your case, says Little Oliver Gallagher PLLC.

First, go to your doctor or medical provider who has done you wrong. The goal in doing this is to understand what exactly went wrong in your treatment and know if your physician can still remedy things between the two of you without having to incur you additional medical charges.

If this does not work, approaching the relevant people who can make a difference is your next step. It may be the medical board, their superior officers, or upper management. They can be the ones to take the necessary actions in the discipline of the medical provider and can give you guidance as to what to do after all this.

But if going to their superiors do not work, now is the time to call an attorney.

Getting your case taken by an attorney

Usually, a medical assessment to see if your claim has merit is one of the first things any medical malpractice lawyer will ask of you. So it is a good idea to get that before contacting one.

When you go and meet with your attorney, be sure that you are still within the timeframe where you can still file a case and lay out all your medical history and exactly what happened to you. From there, your attorney will be able to advise you on everything you need to know and do moving forward.

Take note that cases like these go on for long periods and you have to be determined to see things through for you to get a case going.

Brexit and Immigration – What are the Implications?

An immigrant

An immigrantThese are changing times and, with Brexit, it can be difficult to predict what will happen next with regards to immigration from EU countries into the UK.

At least one thing is certain – it is better to act sooner rather than later when it comes to visa applications. An immigration solicitor in London, like Saracens Solicitors, is in the best position to advise clients on where they stand in the current climate. They can also let someone know about the guidelines regarding leaving and entering the country, periods of residency and status on the basis of various familial relationships so that they do not affect their chances of a successful visa application unwittingly by changing their circumstances.

Uncertainty

Many people will find the uncertainty surrounding Brexit difficult. It is likely to be a drawn-out process while politicians debate and decide what the eventual terms will be. While this may seem unfair, it could actually be advantageous to some citizens, in the right circumstances. If the process takes five years or more, which many believe is likely, lots of EU citizens who have been resident in the UK for that time period may be able to gain indefinite leave to remain. This has led some people to claim that five out of six European citizens who are currently resident in the UK, are likely to be able to stay.

For many economic, social and legal reasons, it is unlikely that large numbers of EU citizens will be deported but legal advice from an immigration solicitor in London is a sensible step for anyone who is concerned or wants to establish the facts of their status.

Data problems

Immigration issues do not exist in a vacuum and often get tied in with policies surrounding national security. Recent legislation means that immigration candidates, and other EU countries, may not be able to access data held about individuals by the home office. This could have the knock-on effect of slowing or halting the UK’s access to data from EU countries. All of this can potentially stall the visa application process for thousands of European citizens. An immigration solicitor in London will take this into account when considering visa applications of this type.

Different Types of Child Support Cases

a kid holding hands with their parentIt may seem absurd that there are different types of child support cases. The idea behind this is to have the government know the families that will need extra support. Usually, the family situations change, and so as the type of child support. Child support is the tool used to provide care for all children through the state.

Even with a child support attorney in Marysville, child support payments can still be confusing, more so if you are new to it. Some families pay privately, while others pay directly to the parent who holds custody. Others pay the state. Feldman & Lee PS notes that the distinction comes because there are different types of child support cases. These types include:

IV-D and non-IV-D cases

In IV-D cases, the custodial parent gets some form of assistance from the child support enforcement (CSE) office. The office can help with establishing paternity or finding the non-custodial parent. It could also be enforcing the order for child support. In non-IV-D cases, child support is privately created, for example, after a divorce. They can become IV-D cases if the CSE gets involved.

IV-A cases

In IV-A cases, the parent receives public assistance from the state. Often, the state may refer an IV-A case to the CSE in a bid to defray support costs. From there, the CSE tries to collect support from the other parent.

IV-E cases

IV-E cases are situations of care where the child is receiving it from a guardian. The guardian could be a foster care system or a relative. Even these cases are referred to the CSE offices. The idea is to try to recoup a share of the costs from the child’s parents.

Family situations often change with time. For example, parents remarry or lose work and so forth. In such cases, the child support case is reviewed. In other cases, the non-custodial parent could fail to pay in which case you are to involve the case manager. Hiring a lawyer is a great way to understand your case and identify the best course of action.

Uncontested Divorce: Why It’s the Best Way to End Your Unhappy Marriage

a couple discussing their divorce with a lawyerLike the rest of America, divorce in the Centennial State is synonymous with steep legal fees, fierce disagreements, and distraught children. While it usually holds true for most, uncontested cases are a stark departure from the norm.

If you and your spouse mutually agree that the two of you can stay apart peacefully, face the inevitable and file for an uncontested divorce. If you ask experienced divorce lawyers in Builder, CO, here are the practical advantages of dealing with it together amicably:

Spending Less Money

Uncontested divorce cases cost significantly less than those filled with hateful disputes. In most cases, divorce hurts the pocket because both parties fail to reach a fair settlement fast. With so many issues to be covered, the divorce becomes more expensive the longer the debate lasts. After all, it’s harder to move on with your life if you have to pay exorbitant bills long after the process ends.

Experiencing Less Stress

An uncontested divorce is suitable for mediation. It’s the healthy alternative to a courtroom trial. In fact, having a sense of respect for each other helps a lot so that there is no need for a judge to make a decision. You and your legal representative can talk to your spouse and a professional mediator to discuss the divorce. The third person will take no part of the decision-making. The mediator will only facilitate the whole process.

Laying the Groundwork for Positive Co-Parenting

An uncontested divorce can be key to positive co-parenting. The process only nullifies the marriage, but not your parental obligations. Dealing with your divorce amicably can teach you constructive communication skills. It can be useful in raising your kids together peacefully while separated.

Take advantage of the opportunity to file for an uncontested divorce. An experienced family lawyer can guide you through its process and assist you every step of the way.

Smart Ways to Become an Excellent Legal Nurse Consultant

a Legal Nurse Consultant standing with crossed armsHave you noticed how the consulting industry has grown tremendously over the years? Most consulting firms now attract top talents from great schools. But of course, it takes more than just a great academic background to become an outstanding consultant.

Here are four things you’ll need to have:

Get qualified first

The importance of having the necessary qualifications to pursue a career as a consultant cannot be overemphasized. Many people wondering how to become a legal nurse consultant know that they must get some training, but they have no idea just what this entails.

Well, you’ll need to become a registered nurse first, and that requires an Associate Degree in Nursing or a BSc in nursing. Afterwards, you need to obtain a license before working as a nurse for five years to gain enough experience.

Deliver on promises

Your clients need to know that you can do exactly what you said you would within the time you promised. This helps you earn their trust. You need to master the basics on your field, and that includes knowledge in taking notes, creating PowerPoint presentations and organizing projects. Develop the habit of doing everything without errors.

Learn to think before you act

Most consultants have the kind of personality that keeps them hungry for success for the rest of their lives. But focusing on the work ahead of you will only make you good, not great. You need to think critically before delving into any tasks.

For instance, when your client wants you to come up with a way to save costs on the company’s supply chain, ask yourself why this is important to the company first. This helps you gain an insight on the task at hand and come up with a fitting solution.

Whether you are still a student thinking about pursuing legal nurse consulting or you are already in the industry, it helps to master a few basics that can help you become excellent. These habits may be simple, but they are often the ones that separate ordinary consultants from excellent ones.

Why Is Alternative Dispute Resolution a Better Way to Resolve Disputes?

Two couples fighitng with a judge in the middleMany people will find themselves entangled in a dispute at least once in their lifetime. Most of the time, the involved parties can agree on resolutions. But, in a worst-case scenario, one of the parties might take the whole thing to court. This is where it gets ugly, and not to mention, expensive. Alternative dispute resolution (ADR) is a less expensive and more private alternative than litigation. Arbitration and mediation services provide the individuals involved in a civil dispute a way to settle their issues without having to go to court.

Mediation Versus Arbitration

The two forms of ADR are mediation and arbitration. These two functions pretty much the same way — they try to resolve the issue outside of the court system. The two only differ slightly.

Mediation allows both parties to talk to each other in a neutral environment with a mediator (usually a lawyer) present to try and resolve their dispute and see if they can agree. Mediation cannot ensure the resolution of the dispute as the mediator does not have any power to enforce one. The only thing a mediator can do is try to give impartial advice on the matter.

The two parties must agree on a settlement for it to be successful. However, if one or both sides no longer want to continue with the mediation process, they can terminate it anytime.

Arbitration, on the other hand, is more formal than mediation. An arbitrator has the power to decide on a resolution based on the evidence and other information provided by the disputing parties. Although the arbitration process takes place outside of the court system, the decision made by the arbitrator is enforceable by law. It is legally binding.

Arbitration usually takes place when mediation fails. Some employers clearly state in the contract that the company can only resolve disputes through arbitration. Unlike with mediation, you cannot stop the arbitration process once started.

Benefits of ADR

ADR is a very popular way to resolve disputes because it’s not only less expensive than a full-blown litigation; it is also more private. The results of mediation or arbitration are strictly kept confidential by the mediator or arbitrator. A court battle can get ugly and might take a long time to resolve. ADR aims to resolve disputes as fast and as amicably as possible.

A Look Into the Child Custody Laws and Processes in Colorado

Child Custody and Visitation written on a paper and a book.Child custody laws in Colorado are complex. Much like everywhere else in the country, though, “the best interest of the child” takes precedence over everything else. In other words, the court determines which type of custody (joint or sole) makes most sense for the child, putting their needs on the top of the list of considerations.

Whether going through legal separation or divorce, establishing your child custody rights can be time-consuming, as well as physically and emotionally exhausting. Lewis & Matthews, P.C. notes that it’s best to hire a highly qualified and experienced family law attorney in Denver, CO. Armed with the counseling and support of such a professional, you have better chances of securing a favorable outcome.

The process of establishing parenting time and responsibilities

There are two main parts of child custody: parenting time (physical custody) and parenting responsibilities (legal custody). Physical custody refers to the amount of time you spend with your child, while legal custody pertains to the parent who should make the decisions that directly affect a child’s health and welfare.

During a child custody case, the Colorado court will give you (and your spouse) the opportunity to present evidence proving you can provide for your children, and that you are at an equal or better position to make the right decisions for them. The court will listen to you and your spouse and will grant you the corresponding level of custody based on how solidly you build your case.

Factors taken into consideration

The court considers many factors when determining the best and most suitable arrangements for a child. Your wishes play a major role here, so does your spouse’s and your child’s. The relationships your child has with you and your spouse also influence the outcome of your case. Each parent’s physical and mental well-being, and more importantly, whether abuse or neglect has already occurred, will also affect the results.

Lawyer Types: Understanding the Branches of Law

Gavel, Handcuffs, and Money on the TableAll attorneys go to law schools and learn the basic aspects of the legal profession. They learn all the branches of law initially and later specialize in the areas of their choice. They practice in their chosen field and after some time, become experts in it.

In general, there are two main branches of law, further subdivided into subgroups. Here are some of them.

Criminal Law vs. Civil Cases

In criminal cases, the accused usually face a jury and judge. The federal and state government has a stake in the result of these cases, and the government tries most public crimes. The prosecutor should prove beyond doubt that the accused committed an offense.

If the defendants do not have enough resources, the government will appoint a public defender in a criminal case. If the accused is proven guilty, he or she will face a jail term. In a civil case, the government will not appoint a lawyer even if you cannot afford one.

You should hire a business attorney in Denver if your case relates to your business. Civil cases do not warrant any jail term and usually involves only a fine if you lose the case.

In civil matters, the victim should initiate the proceedings, but in criminal proceedings, the prosecutor does not need the victim’s assistance for the case to move forward.

Types of Civil Law Lawyers

Civil law has several branches, so while any civil lawyer can represent your case, it is better to narrow down to an attorney who is familiar with your type of circumstances The common types include family, tax, business and real estate laws.

A family law attorney deals with child custody cases, divorces, civil unions, domestic relationship, paternity cases, matters related to marriage, and juvenile adjudication.

Corporate law is more complex. Business lawyers represent companies and do what is best for them. They deal with bankruptcy, intellectual property, employment, securities, finances, mergers, and acquisitions. Tax specialists handle both, state and federal state tax laws for companies and individuals. They can represent their client during an IRS audit.

Real estate lawyers handle legal problems in matters related to real estate and property.

It is important to understand the different branches of law so that you can look for the right lawyer to represent your case.

Why You Need to Hire a Traffic Accident Lawyer

Police CarWhen you're involved in a car accident and have sustained injuries, you shouldn’t think twice about hiring a lawyer. You need a legal expert to help protect your rights. This way, insurance companies will not run roughshod over you.

The following are some of the areas where your traffic accident lawyer in Townsville can help:

Paying for Your Medical Bills

If you got severe injuries from the crash, your medical injuries can pile up fast, depending on the length of treatment you need. Your lawyer can make sure that all your medical expenses are covered, including your subsequent visits to your doctor for a check-up. All you have to do is focus on recuperating from your injuries.

Reimbursement for Lost Salaries and Wages

Due to your injuries, you missed a few days of work. You were not earning wages the entire time you were confined in the hospital. Depending on the length of time you were not able to work, the amount can be significant. A good lawyer will not only make sure that your hospital bills are covered. They will also see to it that you get compensation for the time you were not able to work.

Payment for Your Time

Many people who get involved in a car accident are worried about the amount of time that the mishap will cost them. Time is money. Attending to accident-related tasks like making medical appointments, car repairs, paperwork, and other similar tedious tasks can take up your time. Your attorney will ensure that you will get compensation for all the time you lost.

Figuring in a serious car accident can be tough. Handling everything on your own can be stressful, considering that you may not be in the right frame of mind to make sound decisions. Your current physical condition may also prevent you from taking care of accident-related matters. By delegating everything to your lawyer, you can devote all your efforts to recovering from the accident.