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If A Dog Caused Your Car Accident, You Could Receive Compensation From The Owner

Posted by on Dec 16, 2016 in Uncategorized | Comments Off on If A Dog Caused Your Car Accident, You Could Receive Compensation From The Owner

A dog ran out in front of your car and caused you to swerve to avoid it. As a result, you got into an accident that totaled your car and caused personal injury. Can you pursue a lawsuit against the owner of the dog in this case? Leash Laws Often Dictate Your Response Leash laws vary heavily based on the state and these often dictate the nature of your case. For example, it is illegal in Oklahoma for dog’s to wander freely in counties that have more than 200,000 residents. The dog is considered “running at large” and any problems they cause are likely to cause a liability problem with their owners. This applies to any type of negative behaviors the dog performs, including running out in front of your car and causing an accident. The idea here is that the owner was negligent by refusing to leash their dog properly and that this negligent action cause the accident. Dow Owner Negligence Must Be Proven Hitting the dog is often not enough to prove that the dog owner was being negligent. For example, the dog may simply have escaped the yard and caused your accident without negligence by the owner. As a result, you need to actually prove negligence in this case to receive any compensation. There are specific behaviors that indicate dog owner negligence, including: Failure to leash the dog properly while on a walk Not maintaining their backyard leash, allowing it to break Refusing to leash the dog after it shows a pattern of chasing vehicles Leaving a gate or door open that allows the pet to escape the yard or home Using eye-witness testimony to prove this negligence is vital to protecting your rights and getting compensation for the accident. Make sure to talk to people in the area who witnessed the accident or friends of the family who can testify that the owners behaved negligently. Beware Of Comparative Negligence Claims Even if your lawyer can show, with a preponderance of evidence, that the dog owner was negligent and that their dog contributed to your car accident, the owner may still have a trick up their sleeve. A common defense in a case like this is to argue comparative negligence. This is the idea that both participants were negligent and that your negligence outweighs theirs. For example, if you were driving too fast for the zone when you hit their dog, they may argue that your speed was the deciding factor. This is especially true if your accident occurred during a bad weather situation. Driving too fast for the conditions is typically proven by the accident: if you had been driving slowly enough, it is argued, the accident wouldn’t have happened. While nobody in this type of case is likely to be happy with the outcome, especially if the dog was injured, it is important to pursue it to its fullest end. Contact a professional like Loughlin Fitzgerald P C to learn...

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Online Employment Pre-Screening Can Make Your Hiring Process Easier

Posted by on Nov 29, 2016 in Uncategorized | Comments Off on Online Employment Pre-Screening Can Make Your Hiring Process Easier

When you are looking for new employees, you may get a whole lot of applicants. That can mean that you have to spend a lot of time looking at applications and trying to sort out who will meet your needs and who won’t. And then once you find applicants who may meet your needs, you may have to have those prospective employees take tests and other assessments to judge their skills. That can take a whole lot more time. However, there are easier ways to do it. One is to use an online pre-screening process.  Online Pre-Screening The pre-screening process is generally facilitated by a program that has been set up for you. The company will talk to you about your needs and then give you access to a website for the applicants to use. On your end, you will get access to all the information submitted by each applicant, after they have been screened, so that you can make the decisions you need. There are different parts of online employment pre-screening that you can use.  Application One thing that you can do is to use the screening program just as an application process. The applicant will be able to go to a website that will let them fill out your application. Once they have input all their information, the program will automatically go through the applications and sort them out according to criteria that you have submitted. Only the applications that meet your criteria will come to you for your consideration.  Assessment Another thing that you can do with a pre-screening process is to have the applicant take assessments and skills tests. You can either have all applicants take these tests after they have applied or just send the link out to applicants that have met your criteria and that you are interested in. The pre-screening can do things like test typing skills and speed and recognition of various parts and how they are handled. The program will sort through all the results and, again, based on your criteria, will give you the applicants who have scored higher than you have required.  Sorting through applications and screening applications can take a lot of your time. You may not have the time to do that yourself if you are short-handed. Or you may not want to do all that yourself. You can work with a company like Legal Locator Service, L.L.C. that specializes in online employment pre-screening to make the hiring process much easier for...

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Understanding Criminal Lawyer Fees

Posted by on Oct 17, 2016 in Uncategorized | Comments Off on Understanding Criminal Lawyer Fees

Felony charges are serious business, which means you will want to get a lawyer that represents your interests. Finding a felony defense lawyer to work with is only part of the solution – you also have to make sure you can afford the representation. Unlike civil matters, where most lawyers take their fees from the settlement, criminal lawyers will require that their fees are paid regardless if the case is won or not. The following guide can help you better understand and navigate the lawyer fees. How are fees charged? Lawyers generally charge fees in one of two manners: Case billing. This is a flat fee that the lawyer charges, usually reserved for specific types of cases. For example, a lawyer may offer a flat fee for handling DUI cases. If your case ends up being more involved, you will have the benefit of a low legal cost. On the other hand, if the case is settled quickly, you will not get a refund of any portion of the fee. Hourly fees. Hourly charges are also very common, especially in felony cases that are less cut and dry in how long they typically take to work. For example, vehicular manslaughter, domestic violence, and crimes of passion often require more hours of research and in court, so your lawyer may request hourly billing. Is there a way to manage hourly fees? It may seem like hourly fees can quickly get out of hand, but fortunately many lawyers offer a cap. This means that the lawyer will estimate how many hours they think the case will be billed at so that you can make an informed decision on the cap amount. Your lawyer will then work to complete the case beneath the cap, although they may recommend that you raise it if the case is more complicated or detailed than originally expected. Are retainer fees necessary? While not required by law, most felony lawyers will require a retainer fee before they will begin working the case. The purpose of the retainer is to ensure that they get paid for the case no matter what the final outcome is. Generally, the retainer is a set number of hours. Once you have used those hours, you will need to renew the retainer by paying in more towards the next set of hours. If the lawyer uses less hours, then they will refund you the unused portion of the retainer. Will the lawyer have additional fees? There may be fees that aren’t covered by hourly or case billing. Some lawyers have an additional trial fee, for example. There may also be document handling fees, expert witness fees, or fees for appeals. Make sure that you are aware of all fees before signing on a lawyer. For more help in navigating legal fees, contact a felony lawyer in your...

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3 Tips For Avoiding Foreclosure

Posted by on Oct 17, 2016 in Uncategorized | Comments Off on 3 Tips For Avoiding Foreclosure

If you have found yourself in a situation where foreclosure on your home is possible because you are no longer able to afford your mortgage payments, you need to take action. Of course, if action isn’t taken, then the bank will foreclose your home, which means you will need to move out within a certain period of time. However, if your current financial situation is only temporary because you have lost a job and are currently looking for another or you have been injured and are not currently able to work, then you want to consider these three tips to help you avoid foreclosure: Fill Out the Proper Paperwork With Your Bank:  When you know that you are no longer able to make the payments on your home, you need to fill out the proper paperwork with the bank. This gives you three months of not having to make payments while the paperwork is being processed. This paperwork usually just has you state what the situation is, when it will likely be resolved, and basic information about your loan terms.  Arrange an Agreement With the Bank: After the three months have passed and you still are facing the possibility of foreclosure, you need to talk to your bank to arrange an agreement about staying in your home without making payments. Some banks will allow you to go up to 6 months without making payments while others will require that you at least make partial payments while pushing the remaining balance to the end of the loan.  File for Bankruptcy:  Bankruptcy should be your last resort. However, if you don’t wish to leave your home, it’s your best option if you are still unable to make payments after the paperwork has been filed and an agreement has been made. When you file bankruptcy, it puts a pause on your debts, which includes your mortgage. Of course, you will need an attorney by your side to ensure that this is the arrangement made when you file.  When you consider these three tips, you are going to be able to stay in your home without having to deal with foreclosure. Be sure to hire an attorney the instant you know that you are possibly facing foreclosure since they can ensure that you are taking these steps properly, filling out paperwork correctly, and making a strong case for yourself in order to stay in your home. Contact a firm like Alejandro Rivera PA – A Law Firm for more...

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What To Know Before You File For Social Security Disability

Posted by on Sep 28, 2016 in Uncategorized | Comments Off on What To Know Before You File For Social Security Disability

If you are suffering from a medical condition and are no longer able to work at your job, you may be able to collect Social Security Disability benefits. The application process can be long and confusing, but for those who need the financial assistance that this benefit provides, there are few alternatives. Fortunately, knowledge about the process can be of enormous help, so read on to learn more about what you need to do to get ready to file for Social Security Disability. Do You Qualify? The Social Security Administration (SSA) has strict guidelines in place to screen applicants, so knowing what is required could save you some time. Make sure that you: Have been unable to work for at least one year, or you expect to be unable to work for at least one year. Have worked enough to earn work credits, which are equated to a dollar amount of money earned within a given amount of time. Get Organized Gather together the following documents and information: Information about your most recent job, such as your begin and end dates, the wages you have earned during the present year and for the previous 2 years, and contact information for your job. Information about when you became unable to work, such as your position, dates, and job duties. A summary of past work. Your education and training. Dates of any military service Names and dates of birth of all children under the age of 18 that reside with you. Current and former spouse’s names, dates of birth, social security numbers, dates of marriage and divorces, and contact information. A listing of your medical conditions, your medical providers’ names and contact information, names and dates of all treatments and medications, lab work, and tests. How Long Does It Take to Hear Back? The SSA uses the mail to contact you, so make sure you keep them informed about any address changes. You will receive a confirmation of your application, but the speed of processing depends on: The current backlog of applications. The completeness of your application package. Pay special attention to the medical information section, and be as detailed and accurate as possible in your description of your medical condition. Ensure that the dates are correct, and double check the spelling of any health care facilities, doctor’s names, and addresses. If your initial application has been denied, be sure to follow up with a Social Security attorney at a law firm like Drummond Law LLC-Disability Lawyers for your appeal...

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Reasons To Work With A Real Estate Lawyer For Your New Home’s Title Search

Posted by on Sep 8, 2016 in Uncategorized | Comments Off on Reasons To Work With A Real Estate Lawyer For Your New Home’s Title Search

When your real estate agent mentions the title search as part of your closing process for the home you’re buying, you might dismiss it as no big deal. A title search is a pretty standard procedure, but that doesn’t mean that it should be overlooked in its importance. In fact, there are a few key reasons why it is in your best interest to work with a real estate attorney right from the start. Here are a few things you should know about what the title search process can do for you. Discover Potential Filing Mistakes Although we all strive to have accuracy in all of the paperwork, records, and documentation, human error does happen. Sometimes, you’ll find that a single typo can significantly affect the records on file for the property. Ultimately, an error such as a mistyped property transfer could cost you ownership rights or potential claim on the property. The title search will include validating the existing public records on file for the property, so any errors like this will be addressed. Reveal Undisclosed Property Liens A title search will uncover any existing liens on the property, including those that may not have been disclosed by the owner. Sometimes these liens are the result of a loan that the prior owner failed to pay or other outstanding debts. If you buy the house before discovering things like this, you may still find yourself responsible for the balance as the new property owner. Talk with your real estate attorney about the title search before closing to resolve any outstanding debts with the current owner before you sign. Locate Any Absent or Estranged Heirs When you’re buying property that’s a part of a multi-component estate, you need to work with a real estate attorney on the title search to protect your financial interests. The attorney will help you to investigate the estate and any potential heirs that may have a claim on the property. It’s in your best interest to do this before you sign the purchase contract, because a long-lost family member or estranged child could try to contest the sale and claim their own rights to the land. An investigation like this is the best way to locate people like this before you sign so that you can negotiate any issues or have them sign an authorization for the sale. A real estate attorney can not only help you through the title search process, but also any legal negotiations that have to happen as a result of it. Don’t try to go through this process alone, especially if there are any legal concerns that need to be...

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Signs Of A Well-Organized Law Firm And What It Means For You And Your Case

Posted by on Aug 19, 2016 in Uncategorized | Comments Off on Signs Of A Well-Organized Law Firm And What It Means For You And Your Case

Of all the professionals you would want to hire in this world, you would expect your lawyer to be the most organized and the most on top of things. When a lawyer is disorganized, or the office is chaotic, that does not bode well for clients who may be facing some serious charges or personal issues. Here are some signs of a well-organized law firm and what it means for you and your case. All Files Are Digitized or Stored out of Sight The ideal lawyer and law firm has all of its files digitized and stored on their computers. If your lawyer has not done this, he or she should at least have all files tucked neatly into filing cabinets. There should not be anything on the receptionist’s desk either, unless it pertains to your case and your meeting with your lawyer. This protects every client that comes into the office and prevents the loss and/or theft of personal documents that can sway the outcome of your case, one way or another. Your Lawyer’s Personal Office Space Is Tidy Your lawyer’s personal office space should be neat and tidy too—not just the reception area. A lawyer who keeps a tidy desk knows exactly where the pens for signing documents are, where his/her paper clips are, and where your client file is. He or she never has to hunt for anything or waste time looking for things that should be right in front of him/her. This saves you precious dollars because lawyers usually charge by the minute or quarter-hour, and hunting for needed supplies and documents is inexcusable and unprofessional. It also foreshadows his or her ability to organize evidence to present to the judge at your hearing, which can have negative consequences in the outcome of your hearing. Your Lawyer Consistently Confirms Reception of All Digital Documents and Emails In a digital world, it is often faster and more efficient to send a document via email. However, you also want to be sure that your documents and emails reached your lawyer. It is inefficient and sloppy to have to make repeated contact with your lawyer to verify that he or she received what you sent. Unless he or she is in court, your lawyer should respond to your email and stamp it as received as soon as possible. (If you send something, wait a couple hours to hear from your lawyer before attempting to make contact again. Otherwise your lawyer may charge you twice to read both emails when just the one should have been sufficient.) That way, you know nothing important is lost in e-transit. For more information, contact local professionals like AMS Law...

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Speaking Freely: What To Know About Attorney Client Privilege

Posted by on Aug 2, 2016 in Uncategorized | Comments Off on Speaking Freely: What To Know About Attorney Client Privilege

If you’ve found yourself in an unfortunate situation and now require the services of an attorney, you may be wondering how much you should divulge to that attorney. To get the best defense possible, you should ensure that you tell your attorney as much as possible about your case, and you should rest assured that your communications with your attorney is protected. To learn more about what client attorney privilege can do for you, and the exceptions to this rule, read on. Why is attorney client privilege so important? Your attorney needs to get a full picture of your situation in order to prepare a case to defend you, so everything you say, write, email, or communicate in any way is protected from disclosure by that attorney. Your attorney will never be compelled to reveal anything you say, and that protection extends for your entire lifetime. You don’t even have to have a signed contract with the attorney; you are still protected. If you later decide to use a different attorney, any information you provide the first attorney is protected regardless of whether you have retained, or even paid, either attorney. No matter what you have done in the past, all communication, with very few exceptions, is protected and held secret. Important exceptions to the attorney client privilege to note. To benefit from this privilege, make sure that you don’t find yourself in one of the below situations where attorney client privilege will not protect you. 1. A third party is present. It’s natural to bring along a friend or family member to your attorney meetings, but you should understand that anything said while another person is present is not protected and may be subject to questioning in a court of law. It should be noted that communication with anyone on your attorney’s legal team, such as a paralegal, is still protected. The third party situation can be extended to apply to anywhere that your conversation could be accidentally overhead, such as a restaurant or a crowded courthouse hallway. 2. The intent is in question. While this privilege is relatively far-reaching, casual conversations with people who just happen to be lawyers are not considered privileged. Your intent must be understood by both parties and you must be actively and knowingly seeking legal advice. 3. The intent to commit a future act. All past acts are subject to attorney client privilege, but threats or information about any future acts are not protected. Attorneys are considered officers of the court, and they are required to report any information about threats to harm a person, commit a crime or anything else that could be construed as a future “bad act”. The only exception to this rule, is that you are allowed to pose hypothetical questions or scenarios to your attorney without losing the client attorney privilege. For more information, contact a criminal lawyer in your...

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Trademark Your Business’s Logo

Posted by on Jul 19, 2016 in Uncategorized | Comments Off on Trademark Your Business’s Logo

If you are starting a new business, you are probably going to have some kind of logo for your business. A logo is a good way to get people to remember who you are and what your business is. If you do have a logo, you probably spent a lot of time and money to make sure that it’s perfect for your business. If so, you want to make sure that it’s protected from anyone else using it or taking your logo for themselves. The way to do that is to register your logo.  Trademarks You can turn your logo into a trademark for your business. You see them for all kinds of business. For example, the large golden M is McDonald’s trademark, and you can see that and immediately identify it, even if the name isn’t completely spelled out. If someone else uses that trademark, they face legal problems from McDonald’s since they registered it so that no one else can use it. That is why you will see a TM put right next to the logo. That shows that a business has registered that logo.  How to Register Your Trademark You can register your logo so that no one else can use it. The easiest way to do it is to hire a trademark attorney so that they can do all the paperwork to register it for you. The reason for that is because there are a lot of regulations and rules that you are going to have to deal with. The lawyer will be able to do all that for you since they are familiar with all the rules. Before you do anything, you and the lawyer will have to decide which class of trademark you are going to use. There are a number of different classes when it comes to trademarks. Which one you choose depends on what goods or services your business falls under. It can be confusing to figure out which one you should use, so your lawyer can help you with that.  Your lawyer may also suggest that you trademark your business name. Doing both will give you the most amount of protection for your business. Just be aware that you will have to file two separate applications and pay two separate fees if you do.  If you want to make sure that your business is memorable, you probably have thought about having a logo created. If you do, make sure that you get it trademarked so that it is...

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Addressing Common Questions About Medical Malpractice

Posted by on Jul 1, 2016 in Uncategorized | Comments Off on Addressing Common Questions About Medical Malpractice

When you seek the care of a doctor, you expect to be treated according to the standards that the medical community has established. Unfortunately, there can be instances where your doctor fails to adhere to these standards, and this can result in you suffering extensive injuries. Fortunately, it is possible to pursue justice for these incidents through a medical malpractice lawsuit, but if you have never been through one of these lawsuits, you might need to have the following few questions answered. What Constitutes Medical Malpractice? It can be common for some individuals to make the assumption that malpractice occurs whenever a doctor makes a mistake. However, this is not the case because medical sciences are often not completely precise. Rather, malpractice is determined by whether the doctor adhered to the guidelines and accepted practices for treating your particular injury. Due to this requirement, you may need to have an expert witness testify that the care you received did not conform to medical standards. Will It Matter If The Nurse Was Responsible For The Malpractice? Some individuals may make the assumption that their ability to recover damages will be limited if the negligent care was provided by a nurse. Yet, this is not the case as nurses are also held to strict standards that they must follow. For this reason, it is possible to bring a malpractice lawsuit against a nurse if they were responsible. Also, your nurse may have been acting under the instructions of your doctor, which may allow you to recover additional damages. What If You Are Unable To Pay For A Medical Malpractice Attorney? After being a victim of medical malpractice, it is common for individuals to have limited financial resources due to the costs involved with treating the original condition and the damages caused by the malpractice. Sadly, there are some people that will assume they can not afford the services of an attorney to pursue damages. However, this is far from reality as many attorneys that represent medical malpractice cases will not charge their clients unless damages are recovered. The fee for these professionals will be taken out of any compensation that is recovered. The exact fee and expenses can vary according to the attorney and the difficulty of the case. Luckily, these professionals will be able to explain the exact costs that were required to pursue the matter, and you will also be present with a release form that itemizes the expenses so that you will have a...

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