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Category Archives: Laws

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Who Is Liable in Hit and Run Accident Cases?

If you’ve been involved in a hit and run accident, you may feel helpless and hopeless.

With over 600,000 hit and run accidents happening each year, you are not alone. When someone hits you and leaves the accident, they are in much more trouble than someone that hit you and stayed to face the consequences.

Continue reading this article to find out who is liable and other facts you need to know.

Must-Know Facts About a Hit and Run Accident

If you’ve been involved in a hit and run accident, you want to know who is liable. Who is going to take care of the damages including your doctor bills?

You were minding your own business as you were driving home from a long day at work. There aren’t many people around so you feel safe to relax as you’re making it the last few miles to your home.

You’re making a left turn and out of nowhere, a car strikes you as they go through a red light. You’re upset that you’ve been struck but then you see the car leaving the scene of the accident.

You’ve been involved in a hit and run!

Check State Laws

There are different laws in each state so you’re going to need to check the laws in your state.

If you’re in a state with no-fault car insurance then your car insurance will take care of everything because you pay for PIP or personal injury protection within your policy.

Check Your Insurance Policy

If you don’t live in a no-fault state then you need to look at your car insurance coverage.

Look at the limits of each part of your coverage. The medical coverage you pay for may not be enough to cover your injuries and expenses so make sure you look at what you’re paying for.

You may want to look into how much medical costs are and then see how high you need to raise your limits on your insurance coverage. You can make the changes yourself in some cases but other times the insurance company sets the limits themselves.

Your collision insurance will pay for any damages from the other driver but you will have to pay any deductible that is on your account. You will have set up and agreed upon the deductible amount on your insurance at the time you signed off on the policy.

When you’ve been struck by a runaway driver, you are likely to need to use your uninsured motorist coverage. The claim is submitted against your own insurance company vs. against the other driver since they aren’t able to be charged for hitting you.

Learn More About Legal Matters

Now that you understand how compensation with a hit and run accident works, why not learn more about other legal issues? Bookmark your favorite section of our blog for more great reads today.

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11 months ago Laws , Drug Attorneys

Where Vaping Is Illegal: 5 Vape Laws You Should Know About

Vaping has quickly become a trending activity. In fact, one in 20 people in the U.S now use vape pens, e-cigarettes, vape machines, etc.

However, before you whip out your vape pen, do you actually know the vape laws of your area? This is especially important if you’re traveling and are in an unfamiliar place. The last thing you want to do is get arrest or fined for something you believed to be perfectly legal!

Unfortunately, vape laws don’t vary from country to country, they vary state to state, province to province, city to city. No matter where you’re at, make sure you’re 100% certain of the local vape laws and regulations before you risk legal trouble!

Keep reading to get a better idea.

Vape Laws and Regulations You Should Know About Pertaining to Your Area

We know how exciting it is to learn more about new vape stores in unfamiliar areas. New flavors and products are part of what makes traveling fun. However, before you get too excited, you need to make sure you’re operating within the confines of the law.

The following points are the most important and easy-to-follow vape laws and regulations you need to concern yourself with. The internet is a vast world of knowledge where you can easily research a new area before you visit. It also wouldn’t hurt to bone-up on your current location either, just to be safe!

1. Indoor and Outdoor Public Usage

What is the vape laws concerning public usage? Is it allowed in private indoor and outdoor spaces or in public areas as well?

If it’s illegal indoors, are there exceptions, such as in bars or clubs? Can you smoke in open outdoor spaces such as parks or parking lots? What about in a private car while in a public parking lot?

These are important answers to know before your next vape!

2. Vape Content

Depending on your state, vaping may be legal as long as you’re not using a banned substance, such as THC or CBD. This can be difficult to regulate, but you’re better safe than sorry.

However, there are some states, such as Oregon and California where medical and recreational marijuana use is legal. However, that doesn’t necessarily mean it’s legal to use it in public.

3. Legal Purchase and Possession Age

Surprisingly, the legal purchase age of vape products varies from state to state, regardless of the vape oil used. Some states allow people who are 18 to buy and possess vaping paraphernalia while others limit it to people who are 21 or older.

You must abide by the vape laws of the state you are currently in. Where you bought your vape oils or vape pen is irrelevant if you’re carrying it illegally now.

4. Airport Usage

Interestingly, airports operate slightly outside of the vape laws and regulations of the state they’re in. If it’s illegal in the state, then it’s illegal in that state’s airport.

However, public usage regulations may vary, as many airports have specific areas set aside for travelers to smoke and vape. It’s not reasonable to ask them to wait for the entire span of their trip to smoke or vape again, yet, they can’t exactly head outside of secure areas either.

5. Signage

Finally, as a vape enthusiast, you have to pay attention to more than just the areas vape laws. Many places of business may ban vaping on the premises, even in cities where it is otherwise perfectly legal.

Just like cigarette smokers, vapers must adhere to standards set by businesses and property owners.

Be Smart and Enjoy Where You Can

Remember, vaping legally isn’t always a given. Pay attention to local vape laws and regulations and play by the rules. Sneaking a vape in isn’t worth a hefty fine or worse!

Enjoy your vaping where you can and be patient where you can’t! Remember to research new areas ahead of time to save yourself frustration and disappointment!

Good luck!

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11 months ago Laws

Can Norway’s payment ban be legally challenged?

Not everybody is aware of the legal challenges that Norway is facing nowadays for its very controversial law that it passed in late 2018. The Nordic country banned any and all payments made to unverified gaming websites outside of its jurisdiction, even including payment methods such as the decentralized Peer to peer cryptocurrency transactions.

Although it sounds like a completely legit thing to do from a country’s government, one needs to consider the economic region that Norway is located. The European Economic Area, that encompasses most of Europe, has a free gaming market, which Norway is disrupting with its new law, therefore it is facing some allegations from organizations such as the European Gambling and Betting Association.

The allegations are targeted at the country’s seemingly monopolistic gaming market and aversion towards Norwegian bookmakers, which is something unimaginable in a region like Europe, but Norway is among the two countries that don’t introduce a free market.

The same issues have been discussed with Germany, but it had introduced a free market law not too long ago, which has now expired. Norway, on the other hand, has never had such a market in the latest decades.

This case with Norway has left many law experts wondering if the country can actually introduce such a law, while others are wondering if the EGBA has the authority to criticize a sovereign nation about it. Let’s try and dig deep.

The Norwegian monopoly

As already mentioned before, Norway is notorious for its monopolistic ways in the gambling industry, which make it a rather unique European nation after Sweden decided to opt out of the legislative framework.

The topic had been discussed several times by European courts, where the Norwegian monopoly was “put on trial” for going against the free market laws that govern the European Economic Area.

However, “the trial” concluded that the monopolistic framework of operating gambling activities within Norway was a strategy of combating addiction rather than pursuing monetary gain. Therefore, it leads us all to believe that Norway did indeed fall within the ramifications of European law.

So why is the EGBA so vocal about its protests?

Within the justification from the Court of Justice of the European Union (CJEU), it was mentioned that games of chance like sports betting and casinos are much more controllable when they are on a national level.

Meaning that the fraudulent activities of online operators are completely avoided if the country nationalizes the market and restricts the operations to only a select few companies. In Norway’s case, that happened to be two state-owned entities.

Although the EGBA tries to argue against the payment ban as well as the monopoly from a free market standpoint, it’s obvious that the notion from CJEU can still be challenged with arguments about regulation.

The introduction and implementation of a nation-wide gaming regulation would prevent any and all fraudulent activities within the borders of said jurisdiction. 

However, then we’re left with the addiction argument, where Norway has a clear upper hand thanks to the CJEU backing and the compatibility with the EEA agreement.

Overall, the Norwegian payment ban and gambling monopoly cannot be challenged with EEA laws, however, it can indeed be taken into account should Norway join the EU, but at that point, they will simply be at the stage where Germany is in its laws on games of chance.

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11 months ago Laws , Lawsuits

5 Reasons You Need a Lawyer When Hiring New Staff

Hiring a new employee is an expensive and time-intensive task for any business, but especially so for small businesses. You might have to take several hours out of your work day to write up a job description, advertise your listing online, and search through the dozens of applications you receive. Time is money, as they say. And because so much valuable time is spent during the hiring process, many business owners don’t want to spend more money on an employment lawyer.

But there are several ways in which you can get into legal trouble when you’re hiring new staff, and that’s why it’s important to have an employment lawyer on-hand during the hiring process. Here are 5 specific reasons why.

1. Administrative Tasks

When you hire a new employee, there are a fair amount of administrative tasks to be done, including:

  • Obtaining a federal employment identification number from the IRS
  • Registering the new employee with their state’s employment department
  • Acquiring worker’s compensation insurance for new employee(s)
  • Creating an Illness and Prevention Plan (for the Occupational Safety and Health Administration)

That’s a lot of work to get done. And it doesn’t help that government processes are oftentimes long and convoluted, and there’s little help you’ll get if you have legal questions or inquiries about documents and procedures. It’s nice to have an employment lawyer on your side who knows how employee onboarding works on the legal side of things, and who can help you with menial tasks like getting the right documentation.

That’s not to say that your employment lawyer will spend long hours on Microsoft Office doing HR work for your company. But if you have any questions about what you need to do or what documentation you need to get your new hire legally employed by the business, then your employment lawyer will be able to point you in the right direction.

If you’re going to be hiring someone who is not a citizen of the United States, your employment lawyer might be able to help you understand immigration laws that pertain to the hire.

2. Discrimination

Arguably the most important reason to hire an employment lawyer when you’re hiring is to avoid accusations of discrimination. As you may or may not know, when you hire a new employee you can’t discriminate on the basis of age, race, sex, disability, sexual orientation, and other things.

Most of the time, employers are accused of discrimination because they ask certain questions in the job interview that are inappropriate. Some of these questions include, but are not limited to:

  • Marital status of applicant
  • Applicant’s race
  • Applicant’s religion
  • Applicant’s sexual preference
  • Applicant’s age
  • Whether applicant suffers from a disability
  • Applicant’s citizenship status
  • Questions about drug or alcohol usage

An employment lawyer will help you avoid asking certain questions or from exhibiting attitudes that may open you up to a discrimination complaint.

3. Dealing with Criminal Histories

Before you give an offer letter to a job candidate, you should always run a criminal background check for employment.  A background check will tell you whether or not the applicant has a criminal record.

If you choose not to hire a job applicant because of something revealed in their background check, you’re legally required to inform the applicant that they aren’t being hired for that reason. Failure to inform the applicant of a background check decision could put you in legal trouble. Use an employment lawyer to help you navigate those pitfalls.

4. Avoiding Implied Contracts

You might have to negotiate compensation with an applicant you’re going to hire. Some of the compensation items on the table could include:

  • Salary
  • Stock options
  • Health benefits
  • Company perks

Compensation negotiations can turn messy if you’re not very careful about how you document agreements. Many employers make the mistake of making “verbal agreements” (also known as “implied contracts”) with employees that aren’t stipulated in writing, and this can become a source of dispute later on if the employee feels you aren’t giving them what you promised. Litigation can be long and financially taxing. That’s why you should always consult an employment lawyer when you’re negotiating compensation. An employment lawyer will help you document all agreed-upon salaries and benefits, and they’ll let you know when any of the provisions needs to be more clearly stipulated.

5. Onboarding

When you’re onboarding a new employee, you’ll have to collect some of their personal information, like their:

  • Name
  • Address
  • Contact information
  • Social Security Number

This is all very sensitive information, and if any of their information gets breached in any way then you might be liable for not properly protecting valuable documents. An employment lawyer can give you invaluable advice on how to protect the personal information of your staff so you don’t get sued.

5 Reasons You Need a Lawyer When Hiring New StaffBefore you post your job listing online, you should really consider enlisting an employment lawyer to help you avoid litigation from things that happen during the hiring process. An employment lawyer just might be able to save your business a huge amount of money should any hiring go bad.

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11 months ago Laws

5 Dubai Laws You Need to Know – SFO Flyers

With its glorious warm weather, gorgeous golden beaches and spectacular architecture, Dubai is a popular holiday destination for tourists across the globe.

However, those of you travelling from US cities such as San Francisco might be surprised by some of the laws in the United Arab Emirates.

So to ensure you don’t get tripped up by the differences, here are five Dubai laws you need to be aware of.

1. Smoking

The sale of tobacco products to anyone under the age of 18 is illegal and smoking is banned in all closed public places. However, there are designated smoking areas across the city. 

E-cigarettes werelegalised in Dubai for the first time, earlier this year, however, like normal cigarettes, these must not be used in public spaces, otherwise you could incur a fine of up to Dh2,000.

2. Public transport

Travel is hungry work, so if you’re planning on whacking out a snack or drink whilst on public transport – think again. 

Eating and drinking is banned on all forms of public transport and in transport stations, this includes pedestrian crossings, so you’ll need to plan your meal and travel times accordingly.

3. Photography 

Dubai is a beautiful city, so you’ll no doubt want to take lots of photos – this is fine. However, you need to be careful where third parties are concerned, as it’s considered a serious offence to take photos of people without their permission, even more so if you then post these on social media.  

For example, in 2015 an Australian tourist was jailed and later deported for taking a photo of a car parked across two disabled parking spaces, without a disability badge – read this ABC news article to find out more.  

4. Alcohol

Alcohol consumption is legal in Dubai for non-Muslims aged 21 and over. However, alcohol is only available at licenced venues such as bars, clubs and hotel restaurants. 

You should make sure that you’re responsible when you’re out drinking as It’s a criminal offence to drink or to be found to be under the influence of alcohol outside of licensed premises and you could be arrested. 

5. Public displays of affection

Public displays of affection (PDA) such as kissing, hugging and holding hands are considered public decency offences and could result in arrest, so you should avoid engaging in these behaviours outdoors. 

The law is slightly more flexible for married couples, who are permitted to hold hands, but for the most part, you restrict PDA for behind closed doors. To know the ins and outs of airport parking

As you can see, some of the laws in Dubai are vastly different to those in the US but don’t let this put you off.  As long as you’re respectful and abide by them, there’s nothing to stop you from have a wonderful time away. So pack your bags, jump in your car, book SFO Airport parking on Looking4.com and head off on the vacation of lifetime. 

Share your thoughts and advice on UAE laws in the comments below.

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11 months ago Laws

What Exactly Can a Process Server Do to Serve Papers?

When a lawsuit is filed, process servers complete an important duty by ensuring that all other parties to the suit receive timely notice and that legal action is pending against them. But what is a process server actually allowed to do in contrast to what they’re not allowed to do? Let’s take a closer look at this topic, but first a refresher course.

If the Process Server Can’t Find You, You’re Not Off the Hook

Some people are under the impression that if they simply avoid the process server or don’t physically touch the papers, that they haven’t been properly served; therefore the lawsuit cannot proceed.

This is simply inaccurate.

The courts are very familiar with evasive maneuvers and have enacted provisions to deal with avoidant parties, such as substituted service.

Each state has their own, very specific, laws about what a process server is and is not allowed to do when properly serving an individual. Good process servers are intimately familiar with their state’s individual statutes. But then again, so too are bad process servers. The bad ones just choose to ignore, or perhaps bend, the rules at times.

What Process Servers Can Do

Let’s take a look at the ways the law allows you to be served papers.

1. Getting Creative

When a person won’t answer the door, what can a process server do? Most experienced summons servers try to get creative. They may stake out the person’s residence, wait outside their workplace, or frequent extended family’s homes in order to get the opportunity to approach the party.

As long as they’re not stalking or harassing the person, this is perfectly legal.

2. Mailing You Court Papers

When personal service has failed, a process server can go to the judge and ask for permission to use substituted service. This can take various forms, but every state has some type of statute which allows service by mail. Details and requirements vary from state to state; some require the summons to be sent via certified mail, while others will suffice with regular first-class mail.

Some states may require a process server to file an affidavit stating that they exercised due diligence in trying to locate and personally serve the person. Process servers know their state’s laws and able to advise clientele on the next steps when it seems impossible to physically locate a party.

3. Leaving Papers with Someone 18 or Over

Many states allow a form of substituted service in which the summons can be left with a competent adult at the residence. The goal is to give the papers to someone who understands the importance and significance of the papers, so that the party receiving the summons cannot claim they didn’t actually receive it.

What Process Servers Can’t Do

Now that we know what’s acceptable, let’s take a look at what process servers are not allowed to do.

1. Going Through Your Mailbox

Although legal opinion on this varies, it is generally considered illegal to open a person’s mailbox to see if they’re receiving mail at their address. The U.S. Postal Service wants to protect the integrity of their customer’s mailboxes, so they require that only U.S. Postal Service employees place into or remove items from the box. There is debate concerning whether it’s legal for a process server to simply open the mailbox and look at what is in plain view; however, this is a gray line often determined by the state you live in. Your process server should be familiar with the laws of your state.

2. Engaging in Deception

Process servers can’t lie about who they are and what they’re trying to do, especially by posing as law enforcement. Some law enforcement officers are also process servers, but being a process server is not a law enforcement job in and of itself.

While they can be general about who they are, they cannot serve papers or gain access to a person under false pretenses and must follow all state and federal laws.

3. Trespassing

Since process servers are required to follow all state and federal laws, just like any other regular citizen, it means they’re not allowed to trespass on private property. As mentioned above, they can track you down, wait outside your home, office, or anywhere else they reasonably believe you could be, but they cannot trespass. The definition of trespass may vary from state to state; check your local laws.

4. Breaking & Entering

Process servers are not allowed to break-in and/or enter a private property without permission in order to serve papers to a person. Again, they are required to follow all state and federal laws, even if they’re serving papers as part of a law enforcement job.

5. Using Force

A process server cannot physically force you in any way to take papers from them. However, this doesn’t mean that just because you didn’t touch the papers you haven’t been served. It can be as simple as approaching you and saying, “John Smith, you have been served,” and dropping the papers at your feet if you won’t physically take them.

What Happens if You Avoid the Process Server?

Remember, this tactic will not make your legal matters magically disappear. You will be fined, your hearing will go on, your case will not be postponed for not having been properly served. Instead, the following tactics are what you can expect.

1. Substituted Service

When a process server has exercised due diligence in tracking a party down for legal service, but still has been unable to hand the papers over, there are provisions called “substituted service.” These options can range from serving the person through postal mail, handing the summons to a competent adult at the residence, attaching a copy of the summons to the residence’s front door, and even taking an ad out in the newspaper.

All of which tell a judge that the appropriate number of attempts to serve you papers have been made and after exhausting substituted services, you should be well aware of the legal matters you face.

Substituted services vary widely by state. For example, process servers in Wisconsin and New York are permitted to use substituted services after just two calls in which the defendant is not found. Whereas California allows for substitute tactics after three attempts to contact and Oregon after one attempt to contact and one mailed notice.

2. Default Judgments

If you simply avoid the process server, the mail, the newspaper, and any other legal means of reaching you, you’ll still be assumed to have been notified that legal action or even a lawsuit is pending against you. At this point, if you don’t file an answer and show up to court, a default judgment can, and likely will, be rendered against you. This can result in wage and bank account garnishments or even jail time depending on the severity of the matter.

Conclusion

As you can see, it’s best to receive your summons and consult with an attorney about how to best respond to the summons. You may be able to dodge a summons for a while, but eventually the case will catch up to you. So take you summons, read it over, and if need be, contact a lawyer to advise you on how to proceed.

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11 months ago Laws , Rights , Safety

The Medical Ethics of Informed Consent

Most medical professionals take an oath before they begin practicing to promise to not do any further harm to their patients. Medical ethics is crucial to maintain an effective and helpful health care system. While sometimes deciding what the ethical choice may be, health care professionals must work to provide the best treatment for their patients. The ethical choice also might differ depending on which physician you ask. Many ethicists agree on four basic values to keep in mind when deciding on a medical ethics choice, which are  autonomy, justice, beneficence, and nonmaleficence. They must also look outside of their own personal values and keep in mind the values and wishes of patient’s and their families. 

Medical ethics ensures that physicians will make choices in good conscience. In many medical cases and emergencies, a patient is not able to make choices for themselves, leaving their doctor to make decisions for them, keeping in mind what’s in their best interests. One of the most important reasons to uphold medical ethics is to strengthen the doctor-patient relationship. A strong doctor-patient relationship can allow a doctor to provide better care for their patients. 

Arguably the most important part of the doctor-patient relationship is the need for a patient to be able to trust their doctor. A patient’s trust in their physician is typically associated with better outcomes from treatment. Trust is needed for patients to effectively address their needs to their doctor, as well as for their doctor to listen to these concerns. Aside from medical results, it’s also important for everyone to feel well-cared for when they seek medical treatment. All patients have the need to feel comfortable receiving care from any medical professional. Trust is the foundation in any relationship, for the one you have with your doctor to the one you have with a motor vehicle accident lawyer.  

What is informed consent?

Informed consent is a necessary part of medical ethics. It’s also an important part of maintaining a healthy doctor-patient relationship. Informed consent involves a healthcare provider explaining the details of treatment, including the risks and benefits to their patients. When patients are given adequate information about their care, they’re able to make decisions for themselves if they’d like to go through with that treatment, consider other options, or turn town treatment altogether. In most cases, typically excluding emergency situations, informed consent is the law and permission must be given to provide treatment. 

Importance of Informed Consent 

Anyone without medical education can’t make well-informed decisions about their treatment on their own and require their doctor to aid them with this. Patients are often given the choice to either receive medical treatment or deny it. Minors are not generally considered to be able to make decisions regarding their medical care, but doctors still have a responsibility to keep informed about what their treatment entails. Those who aren’t able to make decisions for themselves will often have a court-appointed proxy who can act on their behalf to make it for them. When a person isn’t able to give consent, it’s especially important for doctors to act ethically.  

Informed consent is needed most times a patient receives care, such as routine blood tests. While many medical procedures can save lives, they can also be extremely difficult and have the chance of reducing the quality of life for patients. For example, if a patient has a terminal illness, but treatment can be provided that might make the remainder of their life painful or difficult, they might understandably want to turn it down. Patients have autonomy and a right to be able to choose what happens to their bodies, and the only way they can properly do this is with the guidance of their physician. If doctors alone were able to make these life-altering decisions for their patients, people would often be subjected to pain and hardships against their will. 

Without informed consent, a patient can’t fully be able to trust their physician. Communication needs to be open for a patient to truly receive proper care. Doctors also need to understand the importance of transparency in their conversations with patients. Information regarding treatment should be unbiased to allow patients to decide what is best for them. When getting consent, it’s important for a physician to truly care about educating patients and respecting them, rather than convincing them to hand over their signature. Medical ethics play a heavy role in informed consent when doctors need to act according to what their patients want, not what they would want if they were in this situation.

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11 months ago Laws

What You Should Do After a Motorcycle Accident

There are over 8 million motorcycles on the road in the United States today. One out of every 36 persons owns one. Yet despite this popular transportation mode, motorcyclists are over five times more likely to be injured in an accident than a car passenger.

Were you recently injured in a motorcycle accident? If you were, read further to find out what you should do after a motorcycle accident. Follow these steps to recover your damages as well as your health.

What to Do After a Motorcycle Accident

If you were injured in a motorcycle accident, your natural response is to feel pain or anger. The best move you can make is to keep your cool. Read further to find out why you should stay calm and put these steps into motion:

Get Medical Attention

Your first priority after your motorcycle accident is to seek medical attention as soon as possible. Meet with your doctor to get their diagnosis and document how your injuries were caused the accident. Your doctor can also prepare a treatment plan for you that outlines what you need to do to fully recover.

Sometimes, accident injury symptoms aren’t apparent nor visible right away. Sometimes, swelling, pain or scar tissue forms days after the event occurred. Such symptoms are referred to as delayed onset injuries.

If you experience these systems after your motorcycle accident, call your doctor right away. They’ll be able to determine if your accident caused these delayed injuries.

Request a Copy of the Accident Report

In Iowa, a reportable crash for law enforcement is one where there is an injury or fatality. Law enforcement must also fill out a report if there appears to be $1.500 or more in vehicle or property damage. These reports include all investigation details and witness testimony who might have seen the event.

Use the facts from this report to help support your claim for repairs with your insurance company. You will also need this report if you decide to file a lawsuit in the local trial court system.

Create Your Own Accident File

This is the best time to arrange your own records and thoughts about the accident the way you remember it.

If you can, take pictures of the accident scene immediately. If you can’t take pictures right away, return to the scene later to take pictures for your own files. Download these pictures as well as pictures of any visible injuries you might have suffered.

If there were no police officers at the accident scene, be sure to ask for the names, addresses and phone numbers of all passengers and drivers involved in the accident. Collect contact information from any witnesses who might have seen the accident. Their testimony might be important if your case moves forward through the court system.

Hire a Motorcycle Accident or Personal Injury Lawyer

A personal injury attorney can help you navigate the justice system if you can prove the other driver’s careless or negligent behavior caused your injuries. Hire a personal injury lawyer so you can concentrate on getting your good health back.

When you begin to look for a motorcycle accident attorney, look for professionals with significant litigation knowledge. There might be a chance that you aren’t able to negotiate a settlement with the other accident parties. If this occurs, your case is filed with the court system and your personal injury lawyer is then responsible for representing you in the courtroom.

Review the Statute of Limitations for Your State

The statute of limitations are laws that identify the deadline you have after your accident to file your claim with the court. The Iowa Statute of Limitations for a motorcycle accident injury claim is two years after the accident. You can read more here on how this Des Moines law firm can help you meet these deadlines.

If a public or governmental employee is responsible for your injuries, you must file your formal claim with the government office where that employee works. This type of claim is called an administrative claim.

Administrative claims should be filed within six months after the date of the accident. Make sure your claim includes details on the time and place of the accident. You should also spell out the extent of your injuries and what property damages you incurred.

Possible Case Outcomes

Once you and your personal injury attorney have discussed these steps, you both can discuss what course of appropriate legal action comes next. Your motorcycle accident attorney might suggest that they prepare a demand for compensation letter on your behalf.

Demand for compensation letters outline why accident victims believe that the other person is responsible for their injuries. These letters can also summarize the total damages received and the costs necessary to fix them.

If the other party disagrees with or ignores a demand for compensation letter, victims can then file a legal claim for the damages. This claim alerts the local trial courts that a victim wants to recover their damages through the justice system. These claims are supported by the accident record documentation and the legal arguments from the victim’s personal injury lawyer.

If the responsible party wants to avoid legal expenses, they might offer to negotiate a settlement. Attorneys from both sides of the case can prepare a settlement that outlines a payment schedule and amounts due.

Next Steps

If you were recently injured in a motorcycle accident, your first priority should be regaining your good health. Schedule a doctor’s appointment right away so you can discuss your current symptoms. Ask them for their advice on how to recognize any delayed onset injuries.

Gather your own thoughts on the events leading up to the incident. Collect your own photos for your files. Review to make sure you have contact information for all drivers and passengers involved in the event.

You can also check out our website for more information on the personal injury process. If you need a motorcycle accident lawyer, we have over 300 law firms nationwide in our Halt Lawyer Directory. Let us help you find the best law office match nearest to you.

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11 months ago Laws

Major differences between the US and UK when it comes to Law

Although the origins and history of the law is same in case of both United Kingdom and United States, both these countries can have different takes on the same legal questions sometimes. The two countries have many different regulations and laws, however, we will highlight only the major differences in this write-up.

Online gambling 

One of the major areas where the laws of these two countries are different from each other is online gambling. Gambling on the Internet is commonplace and legal in the UK. It is regulated by the UK Gambling Commission. You can play all kinds of games on various reputed casino portals, which even offer attractive free spins offers to new signups. 

On the other hand, online gambling is a fairly grey area in the United States. In general, placing bets at online portals and gambling at online casinos is considered illegal in the United States. However, it’s best to check the laws of a specific state before depositing any money with an online gambling website. Last year in May, Supreme Court of the United States struck down a federal law that had barred gambling on sports in most of the states, thereby paving way for legalization of sports betting.

Court systems

There are plenty of similarities between the court systems of the UK and the USA. The biggest differences in the existence of so-called niche courts at the federal level in the United States. Hence, issues related to bankruptcy are handled in a distinct type of federal court. On the other hand, in UK all legal issues are handled by the Tribunal system.

Federal vs the State laws

When it comes to the law, UK is said to comprise of 4 subdivisions – Scotland, England, Northern Ireland and Wales. In the same way, US comprises of 50 states, excluding a few territories overseas. All states have their own laws, however, in most cases the Federal Court has jurisdiction over them. While the minor criminal offences get taken care of by the magistrate courts in the United Kingdom, in the US, these are taken up by the state courts. However, there are some instances when federal government doesn’t have precedence over the laws of the state, something which is seen only in the United States.

The Congress

What Houses of Parliament is to England, Congress is to the United States. Congress comprises of two bodies – Senate and the House of Representatives. A law can come into power only after a bill is approved by majority of the members in the Congress, and is then signed by the POTUS. In the event that President doesn’t sign the law, two thirds of the Congress members can collectively overrule his decision. For instance, Trump recently rejected a bill to end national emergency declared by him at the southern US border, but the Congress didn’t have the required majority of two-thirds to override his decision.

Major differences between the US and UK when it comes to LawLawyer Practice

Upon gaining admission to the Bar Association of the state, a US lawyer receives the Juris Doctor degree and is free to practice any law, something that doesn’t happen in the UK. Separate licenses are given to the non-legislators and legislators in the UK, which is also the biggest difference when it comes to law practice in the two countries.

Law Education

Once you complete a 3 year course in a US law school, you must clear the bar exam of a specific state to be able to practice law in it. But in the UK, a lawyer must take additional courses after completing his/her law school, to become eligible for a degree.

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11 months ago Laws

Mesothelioma Case Process – What You Can Expect

Not knowing what they should expect, many mesothelioma patients avoid filing a lawsuit. Even though it may seem intimidating, the process of such a case is much easier.

Moreover, experienced mesothelioma lawyers will always be there to provide you with information and help to make the process of this case seem simpler. Naturally, they will be doing most of the work, but this doesn’t mean that you won’t be informed as to what exactly is happening throughout the case.

Therefore, today we thought of giving you some of the details you need in order to stop avoiding filing a lawsuit, even though you know you should. Namely, we will be talking about what you can expect to happen in a mesothelioma case process.

Legal Procedure Steps

As soon as you hire an attorney to deal with your case, they will handle most of the things involved by a claim so that you, the patient, can focus on your treatment and health. 

Little to no contact with the patient will be required, leaving you free to deal with your own issues, while the attorney will make sure that all the steps of the legal proceedings are dealt with and that you are up to date with any changes.

Most mesothelioma claims follow these steps:

  • Preparation – the attorney will help you determine the source of the asbestos exposure, after which they will start preparing your case for filing.
  • Filing – the claim will be filled in the state or states that are seen as the most advantagous to the case.
  • Discovery – your attorney will then evaluate all the evidence that is available, such as exposure time, work history, and so on.
  • Negotiations – before going to court, the attorneys will meet to negotiate a possible settlement amount. After all, it is preferred that a court trial is avoided.
  • Trial and Judgement – if your case does end up in court, the judge or jury will then declare its verdict. However, it is worth mentioning that less than 1% of the mesothelioma cases make it to court, as most of them come to a settlement.

The Claims Process

After finding a lawyer that’s experienced in asbestos cases, they will guide you through the questions relevant to your medical, personal, and occupational history. This is done in order to build a solid case of asbestos exposure.

Starting with the claims process, you can also record medical expenses, as well as physical disability and discomfort that may have affected you that were caused by the disease. Your lawyer will help you determine the most relevant aspects of your disease and its history. 

The Discovery Phase

During the discovery phase, you may be required to give a testimony in the form of a deposition. Your lawyer will also handle gathering medical experts and key witnesses who can be helpful for your case.

With solid evidence, gathered by both you and your lawyer, you can be certain that your case is will be accurately and fairly ruled on.

Moreover, if your case goes to court, it is your lawyer who will appear on your behalf so that you, once again, can focus on your treatment and health.

The Bottom Line

The mesothelioma case process unfolds similar to many other cases. One of the main differences is that you will be given time to take care of yourself, while the lawyer will do most of the work.

Therefore, before considering filing a claim, it is important to find the right mesothelioma lawyer!

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