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2 hours ago Laws

4 Legal Requirements If You Want to Start Selling Online

Selling online is easier than ever, and chances are it’s going to stay that way. Whether you’re setting up your own eCommerce store with a platform like Shopify or selling at a digital marketplace like eBay or Amazon, getting started with selling online can be as easy as clicking a button, providing some information, and getting started.

Typically, selling on an online marketplace means that they manage all the legal regulations for you. But if you’ve decided to take the leap and move from a marketplace to an eCommerce website, you’re going to be the one responsible for making sure that you follow the laws, rules, and regulations around online selling. Before you start selling online, you’ll need to take care of multiple legal factors.

Here’s what you should know

You Need an Informative Terms of Service

You’re probably wondering who actually reads the entire Terms of Service – and the truth is that most people probably don’t, but you still need to provide them with one. After all, your customers need to know what’s going on in every corner of your eCommerce business when it concerns them. For example, if a customer signs up and purchases something from your site – but that means that you’re going to send them a monthly email newsletter – you should make sure that they are aware of that. Sending notifications about the contents and any updates to your Terms of Service also helps you build transparency and trust with your customers, which we all know leads to stronger relationships and more loyalty. Check out this review of TermsFeed to get started.

You Need to Protect Customer Data

Online retailers are not exempt from the need to use reputable and secure payment gateways. This is to make sure that any sensitive customer data, particularly financial data, is kept safe and secure. The implications of a data breach for online companies can be huge. If you’re selling on an online marketplace and it does not insist on using third-party companies like PayPal in order to receive money from customers, it is your responsibility to ensure that you comply with local data protection rules and standards. Similarly, if you are selling via an eCommerce website, it’s down to you to make sure that payments are secure. Use a payment gateway like Stripe or WorldPay to make sure that credit card data is encrypted throughout the checkout process.

Protect Your Products and Services

No matter what you’re selling – whether it’s goods, materials, or services, protecting it is massively important. In some cases, this could look like having a clear exchange policy and delivery insurance, while other businesses will benefit from providing customers with an upfront cancellation policy or a process by which they can review services and give feedback. You might have to take out liability insurance, depending on the type of products that you sell to your customers. But above all, good communication is essential. Nobody wants to be left in the dark – least of all a customer. Trust and accountability are crucial for building and nurturing strong relationships with your customers. There’s less room for legal issues when everybody is aware of how they are being held responsible.

Keep Records

Last but not least, consider that all of the above tips are rendered useless if you do not have any record of the transactions crossing your eCommerce website. You should make sure that you always have clear, easy to access records of all online interactions with your customers, for both your protection and theirs. Strict digital record keeping, however, is sadly often an afterthought. And the companies that do not make it a priority are often the ones that land in hot water. Simply telling your customers what you are doing to protect them and their data isn’t good enough; your company needs to have clear records of exactly when and how customers were notified of your online terms. If you don’t, none of your legal effort is going to be considered legitimate in a dispute. Remember, clear communication is crucial.

Selling online might not require as many legal necessities as selling in a physical store, but there are still many factors to consider, especially when it comes to protecting customer data.

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2 days ago Laws

Does Your Cyber Liability Policy Coverage Protect You? If Not, It’s Time to Hire a Lawyer

A stunning 32% of companies report some form of cybercrime. These crimes range from information breaches to unlawful money transfer and everything in between.

Today, it’s common to have a cyber liability policy in place. But, many business owners are not aware of how much coverage they receive from their insurance provider.

Not all cyber liability policies are equal. For this reason, it’s important to examine your coverage and ensure that you are protected against cybercrimes.

Below, we’ll give you tips to ensure you have coverage against digital crimes. And we’ll also discuss the benefits of working with a law firm specializing in cyber security insurance coverage.

How to Review Your Cyber Liability Policy

A flawed cyber insurance policy can result in huge financial losses that affect your company and customers. The best way to ensure you have protection against these threats is to have your attorney review the insurance policy.

During this process, your attorney will look at protection against crimes like:

  • Phishing and spear phishing
  • Social engineering
  • Embezzlement of funds
  • Computer fraud
  • Fraudulent financial transactions

Benefits of Working with a Cyber Security Insurance Coverage Attorney

A reliable cyber security insurance attorney can ensure that your digital assets are protected. In many cases, cyber security policies offer limited or inadequate protection.

In these cases, your attorney can negotiate better terms and help you find the right provider. By working with an expert attorney, you will be able to cover expenses like:

Forensic, Legal, and Public Relations Services

Security breaches often require the hiring of legal, forensic, and public relations experts. This can cost a significant amount of money. And your policy should include coverage for these expenses.

Notification and Customer Support Costs

It’s common for companies to set up temporary call centers and resources for their customers. Customers can use these channels to answer questions and updates without overloading your office team.

Credit Monitoring and Restoration Services for Affected Parties

Offering credit monitoring and restoration is a great way to build trust with your clients. If you have a good information security attorney, your insurance will also cover these expenses.

Cyber Extortion and Ransom Payments

Cyber extortion and ransom payments can often bankrupt a company. Luckily, a good insurance policy should provide enough funds to cover these expenses.

Fines and Penalties

If certain laws and regulations are not put in place, your company may also receive a fine. These sanctions may come from government or regulatory institutions.

In either case, your cyber security insurance coverage should have a clause for this scenario.

Lawsuits, Claims, and Other Legal Matters

Companies that fall victim to cybercrime also face lawsuits and other legal challenges. That said, your policy should include coverage for legal expenses. And, your attorney should ensure that it has a high limit for this type of expense.

Find an Attorney that Specializes in Information Security

There are many ways to lower the risk of a cyber attack. That said, it’s also important to prepare for the worse. Having a reliable cyber security insurance coverage attorney will give you the assurance you need to run a successful business.

To find out more about cyber liability or finding the right lawyer for your case, take a look at some of the other articles on our site. You’ll be sure to find a variety of helpful resources.

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4 days ago Laws

What Does a Disability Lawyer Do? An Informative Guide

One in four US adults lives with a disability. If you’ve recently become disabled, you might decide to contact a disability lawyer to defend your case.

What does a disability lawyer do exactly, and how can they help you?

Keep reading to find out! In this guide, we’ll review everything you need to know about social security disability lawyers and how they’ll handle your Social Security claim.

Ready to get started? Keep reading to learn everything you need to know about an SS disability attorney.

What is a Disability Lawyer’s Role?

Disability benefits are provided through a federally run program. The Social Security Administration provides financial assistance to individuals who were disabled and therefore unable to work. Your disability benefits can cover the cost of everyday living expenses in addition to any medical bills.

However, it’s common for people to find themselves denied disability benefits.

If you think your application was inaccurately denied, you can hire a lawyer to appeal the decision.

For many people, the Social Security disability application process can feel messy and overwhelming. If your health is currently suffering, you already have enough to deal with. A disability lawyer can help you simplify the process.

What does a disability lawyer do to help? For starters, they already have experience dealing with the Social Security Administration (SSA). They’ll already have the hands-on skill you need to handle issues throughout the application process.

Your disability lawyer will communicate on your behalf with the SSA. There’s a lot of complicated jargon involved with the disability application process. They can speak in laymen’s terms to ensure you understand the process.

Why Hire an SS Disability Attorney?

One of the main reasons people search for the best social security disability attorney is to improve their chances of getting approved. Many people apply alone and are approved for benefits. However, the SSA is more likely to approve an applicant who is represented by legal counsel.

Your disability lawyer already understands how to present a case that’s favorable to your interests. They’ll handle everything from the initial application to the hearing.

Your lawyer can also provide advice regarding your “alleged onset date” when you developed the disability. They can help argue that your condition meets one of the listed impairments in the SSA’s blue book as well.

Throughout the process, your lawyer will also collect and submit relevant medical evidence to support your claim. This can include an opinion from your doctor, medical scans, and a brief for the Administrative Law Judge.

If you’re concerned the SSA will wrongly deny your case, consider hiring an SS disability attorney to represent your best interests.

There are over 823,900 lawyers in the country. For the sake of your case, it’s important to find someone who is experienced with disability cases. Their specific experience is essential for getting your claim approved.

The Process

The top social security disability attorneys will help you through the entire process. Before hiring a lawyer, make sure to read various social security disability lawyer reviews. You should check their legal standing on your local bar association’s website, too.

You can click here to discover one of the top social security disability attorneys in the area. Once you have your lawyer, they’ll help guide you through the following steps.

The Initial Review

What does a disability lawyer do to at the beginning of your claim? First, they’ll perform an initial review of your case. The lawyer will need to learn the details of your case to learn why you were denied in the first place.

If you don’t have a strong case, your lawyer might decide not to help you.

During the initial review, your lawyer will also determine what you need to strengthen your claim. For example, you might need supporting documentation such as hard medical evidence. This evidence can help your lawyer confirm the severity of your condition.

The evidence can also prove your limitations and restrictions.

During the review, your lawyer will also ask about your work history, skills, and educational background. They’ll also want to know how you’ve responded to treatment. Disability Determine Services (DDS) will review all of this information as well.

Completing Your Application

Filing an incomplete claim could lead you to a rejection letter. Your SS disability attorney will make sure every page of your application is completed thoroughly. They’ll know which aspects of your application are lacking and need improvements.

Collecting Evidence

Once you sign a medical record release, your disability lawyer will gather the medical evidence needed for your application. In addition to your medical records, this can include the results of any medical tests.

Many attorneys also work directly with your healthcare provider or physician to gather opinion statements.

Communicating with the Social Security Administration

Numerous claims pass through the Social Security office every day. Once you’ve completed the application process, you’ll also need to meet specific deadlines and formalities. Your SSA attorney will communicate with the SSA on your behalf.

Filing Appeals

Not many disability applications are approved at the initial application level. If your case is one of the many that gets denied, you can appeal the decision.

However, there are many steps involved in the appeals process. You’ll also need to complete the necessary steps within a certain amount of time. Your Social Security attorney will help you navigate through the appeals process to ensure your claim is appealed.

Representing You at a Hearing

Many disability claims are won at the hearing level. If you were originally denied for your disability benefits and appeal, you’ll head to a hearing in front of an administrative law judge.

A hearing can add a lot of unnecessary stress on your shoulders. The preparation process is essential. Otherwise, you might miss out on this second chance.

Your disability lawyer will ensure you’re prepared for the hearing.

You’ll need to speak for yourself during the hearing. However, your lawyer can still represent you at the conference. They’ll also ask your witnesses, including expert and vocational witnesses, questions to support your claim.

What Does a Disability Lawyer Do?: Your Guide to Receiving Backpay

What does a disability lawyer do? Now that you know, you can determine if you need one to make the most of your claim!

Are you searching for a disability lawyer? Search for a lawyer in our directory today!

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4 days ago Laws

Why marijuana should be made legal everywhere?

Indeed, more than 50% of American residents are now of the opinion that cannabis consumption should be made legal. This belief was proved by a recent Gallup poll, which showed that—for the first time in recent history—more Americans were of the opinion that marijuana should be legalized than those who were against its legalization.

This is also a trend seen among states; 33 now allow the use of marijuana, and of these, 10 allow it as a recreational drug as opposed to solely for medicinal purposes. We can expect that this trend will continue to rise exponentially, especially as the scientific and medical communities discover more benefits regarding the use of cannabis products medicinally.

But what about the remaining states that have not yet legalized cannabis and marijuana use? Why should these states consider the legalization of marijuana, cannabis and its derivatives as part of their agenda? How could the legalization of marijuana, be it recreational or medicinal in nature, be beneficial?

The Size of the Marijuana Industry

“Marijuana itself is a massive industry, despite being currently illegal for use in many states still. As such, it is estimated that the value of the US marijuana industry is over $10 billion in value—despite the fact that the drug itself is classed as being a Schedule I drug.”says Nathan Jackson, a marijuana blogger at Vela. Furthermore, as many as a quarter of a million United States men and women are employed by the US cannabis and marijuana industry, contributing vast amounts to the American economy.

How Marijuana Legalization could be Beneficial

There are many different benefits of marijuana, as well as some notable misconceptions that many people have. Understanding these can help to shed a new light on how marijuana legalization could be beneficial for users.

It’s not That Addictive

Now, this point may come as a surprise—but it’s an important one to start out with. Indeed, there is a widespread belief that marijuana use is incredibly addictive. While we are not saying that people can’t get addicted to marijuana, it is also important to put this in context. Approximately 10% or fewer adult Americans who use marijuana will develop dependency on the drug, which is far lower than the 30% of people who will develop tobacco dependency! So, in a culture where smoking is acceptable, it has to be asked—why is marijuana so demonized?

Nor is it That Harmful

Again, we are not trying to say that marijuana doesn’t do any harm, but it is important to put things into context. Not only is it seemingly impossible to die from a marijuana overdose—there have been no recorded cases in human history of deaths from marijuana overdoses—but even the side effects are mild when compared to some other chemicals. Indeed, of all of the chemicals that we routinely inflict upon our bodies, the worst is arguably alcohol.

A study in the UK found that alcohol caused approximately four times that amount of harm to other people, and three times the harm to the user, than marijuana use. Furthermore, tobacco usage resulted in comparable amounts of harm being done to the user and other people. So, it has to be asked—if marijuana is not legalized, then should alcohol and tobacco not also be banned? And, conversely, if alcohol and tobacco are acceptable then surely marijuana should similarly be a legalized option?

It’s on the Rise

Approximately 40% of Americans have admitted that they have used marijuana at some point in time, despite it being criminalized in many states still. This is far, far higher than the approximately 16% of Americans who have tried cocaine at some point—alluding to the widespread use of marijuana at present.

Health Benefits

A key reason for the rapid rise in marijuana popularity is due to the health benefits that the drug can offer for users. Marijuana can be helpful for people who have sleeping difficulties; a 1976 paper concluded that the effects on insomniacs of marijuana supplementation “closely resembles those induced by lithium.” Furthermore, similar effects were also seen by the National Cancer Institute where cannabis supplementation seemingly allowed users a better and more restful night’s sleep. Supplementation with marijuana can also be helpful for nausea relief and overall mental and physical well being. A notable example is for the treatment of seizures, where marijuana supplementation has frequently proven itself to be more effective than normal medicinal treatments.

In Summary

Many successful people, from Morgan Freeman to Michael Bloomberg, incorporate marijuana into their routines. Of course, it is worth considering that some people will take marijuana use too far, however, the majority of people can be expected to show self control and restraint with marijuana supplementation; this allows them to benefit from the positive effects of the marijuana. Legalization of marijuana could allow further people to benefit from this as well.

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5 days ago Laws

Do You Need a Lawyer to Get Out of Jail After an Arrest?

As a rule, when an individual is captured, they are brought to prison. When they are in prison, an appointed authority will set their bond conditions. It is feasible for an appointed authority to deny bond-posting benefits, and a respondent must hold up in prison until their underlying court hearing where they will either be indicted and condemned, saw not as liable and discharged, or discharged on specific conditions. On the off chance that an adjudicator sets a bond, the dollar sum it is set at relies upon a few components, including the seriousness of the wrongdoing, regardless of whether the litigant is a danger to themselves or people around them, that they are so prone to escape, and that’s only the tip of the iceberg. The higher the hazard, the higher the bond sum.

Since captures can be a frightening and mistaking time for some individuals, there are consistently questions encompassing the best techniques for activity. Loved ones aren’t sure when it’s important to hold proficient lawful administrations, and in the event that they even need to by any means. On the off chance that this is something you are worried about also, keep perusing and realize what you ought to do in the event that you or a friend or family member is ever captured.

Posting Bond

You don’t require a legal counselor to just acquire a discharge from prison. You need hold lawful administrations once you know you or somebody you love is dealing with criminal indictments. It is essential to procure a criminal safeguard legal advisor before an underlying hearing. This gives a lawyer time to consider your case and set up the best safeguard. A litigant can escape prison by essentially paying or posting their bond.

At the point when an appointed authority sets a respondent’s security, it implies they are permitted to pay a specific measure of cash for a discharge from prison. In the event that a respondent decides to the compensation the whole security sum forthright at the prison, they are discharged from guardianship and will get their cash back when they show up for court. Yet, since bond sums are so high, numerous individuals can’t bear to pay their whole bond in one singular amount. Thus, bail bond administrations are ordinarily utilized.

Bail Bond Services

With bail bond benefits, an individual just pays a part of their bond sum. Despite the fact that non-refundable, bail securities are more financially savvy and helpful. An authorized bail bondsman can give a sheltered and make sure about discharge from prison, 24 hours every day and 7 days per week. Be that as it may, being discharged from prison doesn’t mean an individual is free. They are as yet required to show up for their underlying hearing to decide if they are liable of said wrongdoing. Whenever saw as liable they will be condemned, and maybe arrested back to support a jail sentence.

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1 week ago Laws

Is Ordering Your Essay Online Legitimate for College Students?

When studies and deadlines hit hard, many students find themselves wondering if there is a way for them to effectively manage their stressful life. At that point, many college fellows consider getting some external help with their studies: some hire a tutor, others ask their peers to help out, while the most resourceful students go out there and look for good essay writing services. An essay writing service is usually an agency that employs professional writers that are highly educated in certain subjects. They provide you with exhaustive answers to all of your study-related questions and help you make sure to finish all of your assignments on time. For you to get a clear idea of how and why “ordering an essay” works, here is a little guide into this business for you.

What Does Ordering an Essay Pressupose

During each academic term, you will be expected to hand in a lot of assignments, including persuasive/argumentative papers, research papers, creative pieces, and so on. At some point, studying can get pretty tough and stressful, with a ton of deadlines being due at the same time. In such cases, students frequently consider having some of the essays done for them. This means that they locate a good essay writing service and get professional advice and assistance with their essays.

Why Do Students Order Essays?

Ordering

Apart from all the study-related drama and stress, there is also the fact that writing is very challenging for some people. They can’t focus and don’t feel comfortable with the idea of having to write a single page for 4 hours and then spend another 3 hours rewriting it.

The first dilemma might come even earlier when you’re given that “free topic” option, and you spend hours wondering about what it actually is that you want to write about. Settling on a topic and a solid idea that will, later on, help you generate good arguments might be harder than it sounds. Furthermore, you might also struggle when you don’t know how to start the essay. Whatever you write, sounds plain and generic and you end up erasing it and being back to the very beginning. Finally, organizing all of your thoughts, claims, and arguments into a coherent and readable piece is yet another stumbling block. You need to come up with a catchy title, clear headlines, and a neat structure for your essay.

Still wondering why some students prefer to have it done for them? Well, they simply want to skip the trouble and have some fun with their friends, watch Netflix, or listen to the relaxing music and chill. In other cases, students just don’t have time enough to keep up with their schedule and complete all the assignments on time, so a writing service pretty much saves the day. That lack of time is partially explained by procrastination. Guilty as charged, we have all been there. Recent researches say that as many as 60% of college students tend to procrastinate instead of managing their time efficiently.

Using a Writing Service: Is It Good or Bad?

    The question of whether using a writing service is good or bad for you depends on how you look at it. On the one hand, you lose the chance to get an educational experience; on the other hand, you get some more free time to spend with your friends or family, take some rest and do something you enjoy more than writing.

It goes without saying that doing the essay by yourself is better, that way you get to squeeze every little opportunity out of your study, you get to announce yourself as someone who easily manages studies and is always top of the class, ready to take up any challenge. You can regard essay writing services as a little helper who’s always there for you with a plan B, C, and even D. It’s this magic fairy godmother that will cover your back when you get in a bit of trouble with your studies.

Whatever option you go for, it is important to remember that studies do not come easy, and facing one challenge after another is quite alright, as long as you keep up that positive attitude and carry on no matter what. You should also remember that there is no shame in asking for help. If you feel like you will be more efficient and successful with a little help – go for it. After all, being a student is not about being a lone warrior, it is about the learning curve which is not only defined by the books you read but also by the interactions you have during your college life. No one is going to judge you for asking for help, but you are going to judge and condemn yourself for not even trying to do better.

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1 week ago Laws

Legally Acceptable Reasons for Divorce That Couples Should Know About

Despite the fact that the divorce rate in the U.S. is steadily declining, approximately 40-50% of marriages still end in divorce, nationwide.

As demographics, economics, and attitudes towards marriage have changed, this has lead to a decline in the number of marriages taking place across the U.S. too.

But why do people choose to get divorced and what are you legally allowed to cite as grounds for the end of your marriage? Learn more about legal grounds for divorce in this blog.

Divorce Rulings From State-to-State

Before you dive into divorce proceedings, it’s important to know that different states across the U.S. have different legal conditions regarding grounds for divorce.

It’s also important to understand what qualifies as a legal reason for your divorce before you decide to end your marriage. This reason may not qualify in your particular state.

You should have complete clarity with regard to the acceptable reasons for your divorce in your state. Otherwise, you may be required to undergo a legal separation beforehand or attend couple’s therapy in a bid to save your marriage.

What If There Is No Real Reason For Divorce?

This then qualifies as no-fault grounds for divorce. It today’s day and age, this divorce route is becoming far more common, rather than citing any legal reason for getting divorced.

No-fault divorces are also far less expensive and time-consuming to process and are far less emotionally taxing, too. Basically, you are not required to prove that your spouse has done anything wrong in a no-fault divorce. It’s simply an absolution of marriage because the union no longer works for both parties.

However, in some states, such as Texas, you are still required to prove to the court why your marriage is not working i.e. why a divorce should be granted. If you’re looking for a divorce lawyer in Texas, check out Vendt Law Firm.

Grounds For Divorce: Your Legally Acceptable Options

In contrast to no-fault divorce cases, there are a number of legally acceptable reasons to file for divorce. In this case, you must prove your spouse is at fault and you want to escape a marriage. Some of the most common legal grounds for divorce include the following.

1. Abandonment (Desertion)

This legal example involves the desertion of a spouse by leaving a marital home for an extended period of time. This ground for divorce also extends to emotional desertion where a spouse displays cruel behavior, persuading their partner to leave the marital home.

2. Physical and Emotional Abuse

Domestic violence is one of the most commonly cited grounds for divorce and extends to physical, emotional, and psychological abuse. Behavior that is threatening and hostile is also included in this legal category.

3. Adultery

Adultery is yet another common legal reason for filing for divorce. This act is characterized by extramarital relations with a person outside of marriage, during the period of marriage. If adultery does not affect the division of property between spouses, it will affect child custody.

Also included in this legal charge is the misuse of marital assets during the period of infidelity. This includes gift or property purchases or taking the third-party on vacation.

4. Sexual Misconduct

Sexual misconduct is characterized by using sex as a weapon during a marriage. In short, this relates to unwanted sexual behavior including:

  • Forced sex
  • Intimidation
  • Manipulation
  • Sexual coercion
  • Rape
  • Pedophilia behavior

This ground for divorce will likely have a major impact on child custody proceedings.

5. Addiction or Alcoholism

This is another common citation for grounds for divorce. Alcoholic/addictive behavior largely impacts child custody and the division of assets. The spouse’s addictive behavior will also be assessed for how it has impacted your financial well-being.

If a spouse has displayed threatening, intimidating, and irresponsible behavior due to an addiction, this has a major impact on child custody and visitation rights.

6. Carnal Abandonment

Also known as sexual withholding, carnal abandonment includes refusing to have sex with a spouse for an extended period of time.

This is usually cited as a fault, particularly if the average amount of sex in a marriage is considered well below average. In essence, some courts view carnal abandonment as a form of domestic abuse.

7. Impotence (Erectile Dysfunction)

This is not always considered a legally common ground for divorce across all states. The evidence required also plays a large role in proving this legal ground.

In other words, your own testimony of impotence in a spouse is not enough. You generally need to provide medical records or an expert to testify on your behalf.

Some states are not likely to grant a divorce based on this ground unless the situation is proven to be permanent. To add to this, the spouse’s inability to perform intercourse must have been common knowledge at the outset of marriage.

8. Infertility

Infertility is a growing issue among many couples in today’s day and age. So, in some states, this ground for divorce is still considered questionable.

However, if it’s discovered that a spouse has undisclosed infertility issues, this usually allows for the annulment of a marriage.

9. Mental Illness

This is a complex ground for divorce and is largely dependent on the severity of mental illness and how much it affects a marriage.

In order to grant grounds for divorce, each spouse and their individual case is carefully examined for evidence.

10. Sexual Orientation

If a spouse knows that their sexual orientation is simply incompatible with their partner’s, then this can be considered grounds for divorce.

The same conditions apply as with cases of infertility. However, cases of sexual orientation are often a little more sensitive and conditional.

Regardless, if a spouse failed to disclose their sexuality or inclination toward a sexual preference at the outset of a marriage, this would qualify as grounds for divorce.

Find the Right Lawyer Just a Click Away

Now that you know a little more about how you’re legally entitled to file for divorce, find the right lawyer for your needs on this website.

We offer a comprehensive directory of lawyers across the U.S., including 300 different law firms nationwide. Find the best family law attorney for the best possible divorce outcome on this site.

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2 weeks ago Laws

How To Repremand Damages/Compensation During A Legal Process

Whether it was a motor vehicle accident or a slip and fall accident, personal injury lawsuits are among the most common types of civil lawsuits in the country.

In fact, motor vehicle accidents are the most common type, making up a slim majority of 52% of personal injury cases each year.

If you have suffered a personal injury and you are looking to collect damages and compensation, let us tell you what you need to know.

How to Reprimand Damages and Compensation

When dealing with a personal injury settlement, you need to know what you are getting into. It is a long process if you don’t know how to get started. However, 95% of personal injury lawsuits don’t make it to trial.

What Are Compensatory Damages?

Personal injury claims are legal to file when a person has suffered physical, mental, emotional injuries or property damages.

When the party files a suit requesting money for these types of damages from the party responsible for them, these are known as compensatory damages.

These damages can include special damages and general damages.

Special damages restore the injured party to the position they were before the harm or injury occurred. This generally includes damages that can be calculated, such as medical expenses, property damage, loss of wages or earnings, and other measurable losses.

General damages are awarded for losses that are not easily calculated through monetary value. These include losses like emotional distress, defamation, or loss of consortium or companionship

When Are You Awarded These Damages?

You are awarded compensatory damages any time that a party is proved to show negligence that led to an avoidable injury or damage.

State laws may vary with regard to compensatory damages. Many states place limits on general damages, and some on special damages.

A plaintiff will be awarded these damages if they are able to prove their losses due to the damages in question.

How Are Compensatory Damages Calculated?

When calculating damages, attorneys and the court will consider a wide range of factors related to the case. These include:

  • Age of the victim
  • Type of injury
  • The extent of the injury
  • Cost of medical treatment of the plaintiff
  • Losses of income or changes in the plaintiff’s ability to earn an income
  • Whether any property damage came from the accident; and
  • Any other impacts on the victim’s quality of life.

There are many variables at play with these calculations, so they need to be handled appropriately.

How to File

Filing for compensatory damages is a complicated legal matter, and the best representation is necessary. Calculating the number of financial damages owed is a tricky business, so don’t do it alone. Get some of the best lawyers compensation available for you.

Get Started Today

While personal injury lawsuits are common, they are necessary for so many cases every year.

If you have been injured or suffered damages due to someone else’s negligence, it is time to get some legal representation so you can get the damages and compensation you deserve!

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2 weeks ago Laws

Law and Rehabilitation- Is It Legal To Help Someone With Addiction Against Their Will?

When a person you love has a substance abuse problem, you can do almost anything possible to have them seek treatment for addiction. According to the National Institute on Drug Abuse, around 23.9 million individuals require substance abuse assistance. However, only 2.6 million or 11% get help.

Fatal overdoses almost tripled from 1999 to 2014. Therefore, regulators and families would take desperate measures to ensure that the people that this crisis affects stay alive. One way to do this is by implementing involuntary commitment laws.

Most U.S states have these laws already. And, they are one of the tools for battling drug addiction, as well as, the devastating effects it has on individuals and their families. While families are taking possible measures to ensure that their loved ones are protected, people have questioned the effectiveness of these methods.

How Involuntary Commitment Laws Operate

A person may force a loved one to enter rehab for men. However, it’s not that simple. It’s not enough to be concerned about alcohol or drug use by somebody. Parents have the right to commit their minor children into an addiction treatment center when the law in their state permits.

But, if the individual that a person is concerned about is not a child or minor, the court sets a higher bar for granting this order. In most states where these laws apply, a person is required to go to a court to prove certain things. For instance, a person must prove that the individual is suffering from a substance use disorder. Voluntary commitment to alcohol or drug addiction treatment is allowed in some states. You can look for mens rehabilitation information in your state. Remember that some states limit to some of these substances.

Additionally, a person is required to prove that the individual has harmed themselves or even others. Or, if not committed to women or men-only rehab, the person is exposed to a substantial risk of harming themselves or other people. What’s more, the law requires people to show that the loved one in question is highly addicted to drugs or alcohol that they are incapacitated to a point of not providing their basic needs.

These cases have hearings and the individual in question is allowed the right to a lawyer’s representation. The court or another participating agency may appoint an attorney for the individual in question if they can’t afford one.

States that Have Involuntary Commitment Laws for Substance Abuse Treatment

37 States in America, as well as, the District of Columbia allow involuntary commitment when it comes to addiction treatment. The duration, requirements, and process that an individual may be committed vary depending on the state.

Involuntary commitment is limited to alcohol addiction only in Rhode Island and Montana. In Vermont, the process is allowed just for substance use disorder. New Jersey has proposed legislation to allow these civil commitments. However, the legislature is yet to approve it.

Does Involuntary Rehab Work?

A common question that people ask is whether these programs work. But, there is no much data to prove their effectiveness or ineffectiveness yet. However, people have other reasons, apart from recovering, for going to drugs and alcohol rehab for men and women.

For instance, SAMHSA 2016 data shows that up to a third of the individuals that went to rehab between 2004 and 2014 were admitted via compulsory programs of the court. These individuals did not want to undergo rehabilitation more than persons that are forced by their family. However, the process worked well for them.

Another research-based guide published by NIDA concluded that persons that are coerced to seek treatment for substance abuse undergo rehabilitation longer and do well than those not forced to receive treatment.

Convincing a Loved one to Seek Treatment

A significant gap exists between the need for rehabilitation and getting help. If everybody that needs treatment for substance abuse received it, women and men drug rehab facilities would be overwhelmed. Unfortunately, that’s not the reality. The best scenario is when loved ones succeed in convincing their loved ones to seek treatment. However, this doesn’t work always.

That’s why people seek professional intervention. And in most cases, this yields positive results. However, it’s not guaranteed that a loved one with an impaired brain will make a healthy and right choice. But, if a person is worried about the safety, health, and future of their loved one, it might be the right time to take some drastic measures.

That’s when involuntary commitment works. So, if you have a loved one that needs help, visit or contact reputable women or men’s rehabilitation facility for guidance.

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3 weeks ago Laws

The Laws and Best Practices of Patient Messaging

Patient massaging has helped health care workers remind their patients of upcoming appointments. This has saved them money as well as providing their patients with the means of not wasting it. Often, no show fees are less than that collected when a patient shows up. The patient does not want to spend their money by paying a no show fee when showing up to the appointment means using it for a service. HIPAA laws are stringent all across the country. The legality behind HIPPA laws often scares health professionals. They can be extremely strict. Not following them can result in a lawsuit. In some situations, the consequences can be as severe as the loss of license. To make the following HIPAA easier, it is essential to be aware of all the situations that can go against it.

The vast majority of medical offices practices patient reminders. Patients want to show up for their appointments. The appointments that are commonly missed are the ones that occur long after the appointment was scheduled. Some physicians charge the full amount of the appointment if it is missed. This is a lot more difficult if the physician takes health insurance. Lying that procedures were performed is illegal. Keeping up on the legality of patient messaging helps health professionals in a significant way. It’s essential to go through the legality when it comes to this:

The Security of Data

The number one reason this practice has been debated has to do with the security of data. Providing patients with emails and text messages is data that is intended for only them to see. Offices and patients can have their private information hacked. This is rare and typically does not result in a lawsuit when it happens. To protect patient privacy to the upmost degree, it is essential to not share private information about health through instant messaging. All emails and text messages should only include information about appointment reminders. It is legal to send private information about their health through text messaging; however, it isn’t wise when it comes to a legal standpoint.

With that said, there is minimal risk in responding to an email sent by the patient. It is protected legally as the patient is the one who requested the information. To make health information submitted by the patient that was not solicited, it is essential to communicate this information through a phone call. The patient’s voice can be identified. To make this practice even safer, the health care provider or receptionist should ask the patient when their birthday is to verify the patient.

The Patient’s Wishes

All patients should be notified about the clinic’s policy on sending instant messages. The patient has a legal right to reject this type of practice. It is best to inform the patient to protect the office legally. Most patients agree to this practice. The patient does not wish to miss the appointment. This often puts them at the back of the line again.

Legal Stand-Point

Legally, a health care professional does not have to remind the patient of an upcoming appointment in any way; however, they do have to contact the patient with information if there is anything wrong with their health. Some prefer not to send out emails. Sending out reminder through services such as Relatient : appointment reminder system is exceptionally cheap and wise, this is an automated systems that take care of the task and make sure that clinics are legally compliant with the laws.

Patient Portals

Some physicians have set up online portals for their patients, this has allowed them to put up patient reminders and test results, and this practice has helped patients get information easily. These portals are password protected. They can be hacked, but it is easier to keep information private as they are password protected.

It is best to set up these portals with account disabling after a certain amount of attempts. This makes the job of hackers a lot harder. They often try to guess passwords to gain access. Health professionals should allow a maximum of six attempts to get into the patient’s health records and reminders.

Incorrect Information

Technology is not perfect. Some systems may not respond to the changed appointment time. It is the best practice of the office to make sure the system has gotten the appointment change. While there is nothing that can happen legally, if the wrong appointment time is sent out, it can result in a consequence of the patient not remembering the time. Patients are more likely not to remember the time if it is a recurring appointment change. Typically, psychiatric clinics work through recurring appointments. These offices should pay special attention to these errors.

HIPAA Approved

An office can protect itself legally by using a HIPAA approved service like Relatient. In the same way that systems like Skyping patients have to be approved, any sort of system that deals with patient information have to be approved as well. All offices that deal with medical information have to be compliant. A pharmacy needs to use a HIPPA approved system when providing patients with information about the prescription reminder.

The Bottom Line

Sending information to patients with a reminder system is legal and safe. It is best to be compliant when it comes to the legality behind this practice. Those who comply with these practices often see better patient appointment keeping and protect themselves legally. It is a serious matter when medical offices fail to comply with HIPPA. Few things are protected as much as patient privacy; however, this practice is legal and offers benefits to both the patient and the office.

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