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When Laws and Emotions Mix

Four Of The Most Common Threats To A Nursing License

Posted by on 10:43 am in Uncategorized | Comments Off on Four Of The Most Common Threats To A Nursing License

Just as with any other professional license, a nursing license can be taken away. But there are more ways to lose your nursing license than you might think. Not all of them are directly involved with your professional conduct or how you work. A professional license attorney can give more direction if you are concerned. 1. Drug Addiction Drug addiction can be considered both a psychological and physical illness. Because of this, nurses who have a drug addiction but are in a management program will not lose their license. But nurses who are not in a management program for their addiction and have not revealed their addiction to their employer may be considered a risk. An attorney can help a nurse in disclosing their illness and procuring help.  2. Opening Mail At-home nursing staff often assist with daily tasks. One of the most common mistakes a nurse can make is opening the mail of the person they are currently taking care of. It’s important that they not do this because interfering with mail is a federal crime. If an individual is not healthy enough to open their mail, there is generally another relative who has power of attorney and should be capable of doing this task. 3. Getting Too Close to Patients It’s easy for nurses to have some level of familiarity with their patients. Nevertheless, they need to be very cautious when establishing personal relationships. In particular, nursing staff should generally not accept gifts or money from their clients. In many cases, this can be considered elderly abuse or abuse of the disabled; financial abuse is considered a legal type of abuse. Further, nurses should avoid seeking out contact with their patients outside of a medical environment. 4. Getting Arrested Getting arrested will not necessarily threaten a nursing license, but it can if there are certain ethical boundaries that have been crossed. In particular, many licenses have ethical guidelines depending on the state, and the severity of the arrest may affect a nurse’s ability to keep a license. For example, a nurse who has a drug arrest — even if the drugs were not procured from a clinical environment — may have their license taken away. Professional license attorneys are specialists in helping nurses maintain their licensing and even appeal if their licensing is taken away. Even if you have already had your license restricted, you may be able to reverse the decision if you appeal in time.  Talk to legal experts like those at Lord & Associates Law Office if you need...

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Moving On With Your Life Begins With A Great Divorce Party!

Posted by on 2:35 pm in Uncategorized | Comments Off on Moving On With Your Life Begins With A Great Divorce Party!

Divorces can be a long, painful process that leaves many feeling sad and disappointed. Don’t let your divorce define you or derail your future; throw yourself a great divorce party! These are becoming a popular way to move past the heartbreak of divorce and get a fresh start. Some tips for throwing a great divorce party and moving past your break-up include the following. Wait until the dust settles. The underlying reason for a divorce party is to celebrate the end of the often-painful process of divorce, so don’t plan it too early. When you get your final decree from your attorney, then it is time to begin planning your divorce party. You may even want to make this the time to burn your marriage license, as a symbolic gesture, during the festivities. Give the guest list some thought. Think carefully about who to invite to your divorce party and use some basic etiquette when it comes to the guest list. Don’t invite the current beau, or your ex, or everyone on your original wedding guest list. Not everyone will understand the symbolic nature and good fun of a divorce party, so keep it to your closest friends and family members that will keep it lighthearted and help celebrate your new beginning. You definitely deserve a drink. Create a signature drink for your divorce party with a clever name to commemorate the occasion. Choose a concoction that you enjoy and that you can easily whip-up in pitchers or batches, so you aren’t tending bar all night for your guests. Give it a quirky name, like ‘the pre-nup’ or ‘no-more-mother-in-law’, and post your signature drink on a chalkboard or sign for friends to get a laugh while they whet their whistle. Don’t forget the cake. A cake is the perfect, fun detail that you should have as a centerpiece at your divorce party. There are some really clever and creative divorce cakes found online that you can use for inspiration. Another great idea is to skip the carbs and use your final divorce papers (or a copy of them) to create an origami-style centerpiece to get a laugh out of everyone in attendance! Go ahead and throw yourself a great divorce party! Why not celebrate the closing of this chapter as you begin a new one in your life? Use these tips to help pull-off a fun and lighthearted celebration as you move on after your...

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Can First-Time Offenders Avoid Having a Criminal Record?

Posted by on 7:45 am in Uncategorized | Comments Off on Can First-Time Offenders Avoid Having a Criminal Record?

In most cases, legal forms of punishment like a jail sentence or probation are not intended to be permanent. However, even minor crime convictions come with one very permanent effect: a criminal record. Your criminal record follows you for the rest of your life, and it can prevent you from getting jobs, renting apartments, being accepted to universities, and other things that can seriously impact your ability to succeed in life. It’s always best to avoid having a criminal record if you can, which is why it may be a bad idea to plead guilty or no-contest even if you think that the evidence is against you. Take a look at some ways that first-time offenders can avoid a criminal record. Mediation Most people think of mediation as a way to avoid a lawsuit. But in some jurisdictions, mediation can be used to avoid criminal charges as well. Private mediation can sometimes be an option for defendants who are accused of committing a minor crime, like trespassing or vandalism. In order for mediation to be an option, the person pressing the charges has to agree to it. For example, if your neighbor accuses you of vandalizing their property, your attorney could ask the court to refer you to a private mediator. If the court and the neighbor both agree, you and your neighbor would sit down with a mediator and come to an agreement. You might agree to pay for the damages, for instance. If you and your neighbor come to an agreement, the court could dismiss the charge against you, and you wouldn’t have a criminal record. Diversion Pre-trial diversion is a strategy used for a number of minor charges, like shoplifting, writing a bad check, or even a first-time DUI. The way pre-trial diversion usually works is that the defendant pleads guilty or no contest to the charges, and the judge withholds adjudication of the conviction. When a judge withholds adjudication, it means that you have not been formally convicted of the crime. The judge will usually give the defendant some requirements to meet. You may be placed on probation, required to complete community service, or ordered to pay fines or restitution. If you fulfill the requirements within the time frame specified by the court and don’t get into any further legal trouble in the meantime, the court will dismiss the charge, and the conviction won’t stay on your record. Treatment Treatment may be an option if the crime was drug or alcohol related. Courts are starting to realize that drug and alcohol addictions are often beyond the addict’s ability to control and that many addicts can benefit more from treatment for the addiction than from punishment for the crime. Treatment may also be an option if the person who committed the crime is mentally ill or developmentally disabled. The state of Ohio has a program called Intervention in Lieu of Conviction (IILC) that is a good example. Eligible offenders are assessed by a social worker, addiction counselor, or mental health professional, who will provide a treatment plan to the court. If the court agrees, the offender enters a treatment program without being convicted. If the offender participates in the treatment program, submits to drug testing, and complies with any other requirements set by the court for...

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2 Ways To Help Your Child Custody Case

Posted by on 2:53 am in Uncategorized | Comments Off on 2 Ways To Help Your Child Custody Case

If you are a divorced parent who is worried that your ex-spouse may be neglecting or abusing your child, you may want to start seeking full custody of your child and limit the amount of visitation that they get. However, you can’t just arbitrarily make the decision to take custody or stop visitation. If you don’t send your child to their other parent when they are supposed to go, then you can end up in trouble. But, you can go to a lawyer and get them to file for custody for you. There are some things that you can do to help your lawyer with your case. Document Everything One of the most important things you can do is document every single thing that happens. Get yourself a notebook and a pen and start writing down times and dates of phone calls as well as a summary of what was said. Save all emails– in fact, if you have your lawyer’s email address, you can BCC them on all emails between you and your former spouse so that they will have a copy as well. Save all text messages. If your child is old enough, give them a pen and notebook and have them write down what happened while they were with the other parent. You should keep the notebook at your home because the other parent may take the notebook.  Take Pictures You should take pictures of your child before they see their other parent as well as when they get back. You should especially photograph any bruises or injuries that your child may suffer. Having photographic proof of what happened is going to make your case much stronger when it comes to court. That’s because your former spouse will have a harder time saying that something didn’t happen. Have your child hold up a current paper when you take their picture. It may seem cheesy, but doing that will show what date it is. It’s harder to dispute what happened on what day if there is proof of the date. If you have a girl and you need to take pictures of an injury under her shirt, think about having her wear a swimming suit top so that she is still covered but the injury is uncovered. It may make her feel more comfortable about the process.  Being a parent is hard. Being divorced and co-parenting is even harder, especially if you are worried that your child is being neglected or hurt. Your child custody lawyer can help you get custody, and you can help strengthen their...

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Two Social Security Myths That Can Ruin Your Retirement

Posted by on 10:14 am in Uncategorized | Comments Off on Two Social Security Myths That Can Ruin Your Retirement

A lot of people have a lot of things to say about Social Security benefits. However, not everything that may be floating around in the public consciousness about this program is true. If you want to ensure you’re well prepared for retirement, it’s important you have accurate information upon which to base your decision making. Here’s the truth about two common myths about Social Security. Myth #1 – Social Security Is Going Bankrupt Due to a lot of misunderstanding about how the Social Security program works, many younger people believe the Social Security program is not financially viable and will run out of money before they reach retirement age. While it’s true the trustees of the Social Security trust fund do project the fund will be depleted by 2034, that doesn’t mean there won’t be any money to pay benefits. What many individuals don’t understand is that workers will still be paying into the system, so there will be cash for future beneficiaries. That’s not to say there isn’t a reason to be concerned. According to current projections, it’s believed there will only be enough money to pay about 79 percent of the scheduled benefits. Therefore, it’s a good idea to set more money aside or develop additional sources of income that will help fund your retirement to prepare for the shortfall. Myth #2 – You Should Collect Social Security As Soon As You’re Able Perhaps spurred by the previous myth, many people believe the best financial move they can make is to start collecting Social Security benefits as soon as they become eligible. After all, if there won’t be any money left, you might as well collect what you can. Unfortunately, cashing out early can actually hurt you more in the long run. While the earliest you can start collecting Social Security benefits is 62, you won’t receive the full amount. According to the agency, your check will be reduced by 25 to 30 percent if you retire at age 62. The hit to your benefits lessens with each year you wait to retire, and you’ll be eligible for full benefits if you choose to start collecting at age 66. Additionally, if you opt to delay retirement, you’ll earn an addition 8 percent in benefits each year until age 70. With people living longer and longer, it’s a good idea to maximize your retirement savings as much as possible to ensure you’ll have enough money to support your needs to the end of your life. For more information about these and other Social Security myths, contact a Social Security...

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Key Terms To Know In A Personal Injury Case

Posted by on 10:44 am in Uncategorized | Comments Off on Key Terms To Know In A Personal Injury Case

If you can’t see your target, you have to depend on luck to hit your target. If you do not understand how the law defines a personal injury case, you are metaphorically shooting at an unseen target. Thus, your first step when you consider filing a personal injury lawsuit is to understand how the law defines the situation that would allow you to file a suit. Negligence Most personal injury cases hinge on the idea that someone failed to perform some act and that said failure led to the injuries sustained by the plaintiff. If you were injured, but the defendant took every reasonable precaution to avoid your injury, then you do not have a case. On the other hand, if the defendant failed to properly maintain a property, did not adequately explain risks to the plaintiff, or otherwise did not take reasonable steps to prevent injury, the defendant can be held liable.  Duty When you sue someone to receive compensation for injuries you have received, you have to make sure that person was actually responsible to perform a duty. For example, if you sue a semi-truck driver because his brakes failed, your suit should have been filed against the trucking company who oversees maintenance for their fleet of trucks. The duty to maintain the truck rest with the trucking company, so the suit should have been directed to them. Fault Some states require that a plaintiff not be at fault at all for an accident in order for the plaintiff to receive compensation. For example, if you step out on a rickety old deck and it collapses, the property owner should have maintained the deck properly, but you should also have taken stock of your surroundings. Some courts will assign comparative fault percentages. For example, the homeowner was 75% at fault but you were 25% at fault. If this is the case, you will only receive 75% of the money that the court awards you for winning your case.  Assumption of Risk When you willingly participate in a dangerous activity, you cannot sue those who talked you into the activity for being negligent. In that you knew the activity presented a risk of injury, and you participated anyway, you are responsible for your injuries. On the other hand, if you were given malfunctioning equipment, someone maliciously tic to hurt you, or those responsible for the activity did not take adequate safety precautions, you may still have the right to sue for damages. When you prepare to make a case, you need to study up to make sure you know what you have to prove to win your case. If you doubt your ability to make a convincing case, hire a lawyer to help you. You can only benefit from their expertise. If you were injured due to someone else’s negligent or malicious actions, understanding the terms that surround personal injury cases will help you to make a convincing case. Contact a law firm, such as Dunnigan & Messier P.C., for more information....

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Post-Decree Motions: When The Divorce Is Over But The Legal Issues Aren’t

Posted by on 5:19 pm in Uncategorized | Comments Off on Post-Decree Motions: When The Divorce Is Over But The Legal Issues Aren’t

If you’ve been going through a bitterly-fought divorce, you probably thought that the final decree was the end to your problems and a chance to move on with your life. Unfortunately, post-decree motions can drag you right back into the fray all over again. Unlike marriage, it only takes one person to start the ball rolling. What issues are likely to end up back in court? Is there anything you can do to stop it from happening? Support Payments And Issues Involving Children Are Common Probably the two biggest issues that pull couples back into court are money matters and issues related to the children. While your divorce is final, issues like alimony and child support can be reopened as many times as necessary. You can expect the post-divorce motions to start for a number of reasons: You have a boost in income and your ex-spouse is seeking more alimony or child support. Your ex-spouse has a decrease in income and is seeking more support. Your children enter private school or college and your ex-spouse wants you to pay for all or part of the tuition. Your ex-spouse wants a change in custody or visitation rights. Your ex-spouse wants to move out of the area with the children. The court that heard your divorce usually retains jurisdiction over these issues indefinitely. Normally, that means that the same judge will hear your case as before. Newly Discovered Issues Can Also Result In Post-Decree Motions Old information that’s newly discovered can also land you back in court—if that information might have had any significant effect on your divorce settlement if had been known at the time. For example, if your ex-spouse discovers that you hid any type of assets or finds out that you hid an affair and used family funds to support your other partner, that could be enough to get the court to re-examine the distribution of your assets. You may be required to turn over a little more of your share to your ex-spouse to make up for whatever they were shortchanged. Take Steps To Avoid The Hassle  If you ex-spouse is determined to drag the issue into court, there’s only so much you can do, but a proactive approach can help: Participate completely in any interrogatories or depositions and don’t attempt to hide any assets you saved or expenses you incurred during the divorce. If you have a change in income or your spouse approaches you about a change in support, try to give the proposal a fair hearing. Consider whether or not the time and expense of fighting the issue in court are ultimately going to cost as much or more than just agreeing to the change. Consider asking the court for a guardian ad litem. A guardian ad litem acts as a representative for your children before the court. While some people resist this idea, if you and your ex-spouse are at odds over the children’s needs, this can give the court a third perspective that’s unbiased. For more information about what post-decree motions could be involved in your case, talk to your attorney or Lisa J Kleinberg...

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How To Appeal A Denied Workers’ Compensation Claim

Posted by on 8:53 am in Uncategorized | Comments Off on How To Appeal A Denied Workers’ Compensation Claim

If you get an injury at your workplace, you are legally entitled to get some benefits, such as compensation for the days you are unable to work and medical bills incurred. You can access these benefits by filing a workers’ compensation claim and attaching all the required documents. However, your claim can be denied due to several reasons including failing to file it on time or your employer disputes that you were injured at work. If you receive a denial letter, you can appeal the decision by following the steps described below. Contact your employer or their insurance firm The first step of your appeal is to contact your employer or the insurance firm that oversees matters relating to workers’ compensation. You need to set up a meeting to discuss the reasons behind the denial. At times, the denial can be as a result of an error in your paperwork or failure to provide required documents, such as medical records. Getting to know the reasons behind the denial will guide you in the next step. For instance, if it was just a missing document, you can resubmit your claim and attach it. After knowing the reason behind the denial, make sure you ask your employer’s insurance carrier to reconsider their decision. Filing an appeal If you fail to resolve the denied claim dispute with your employer, then you need to file an appeal. The denial letter will usually have a deadline for filing an appeal as per the guidelines provided by your state laws. You must adhere to this deadline for your appeal to be considered. It is important to hire a workers’ compensation lawyer to take you through this appeal process. The lawyer will file an, “Application for Adjudication of Claim,” to challenge the decision to deny the claim. Review of the claim Depending on your state, your appeal will either be evaluated by a review board or presented to an Administrative Law Judge (ALJ). Your experienced workers’ compensation attorney should represent you during this review, which is similar to court proceedings apart from the absence of a jury. Your attorney will come in handy during this step because they will have looked at the reasons behind the denial and prepared adequately to counter them. If your claim was denied on the basis of the medical issues, your attorney will have an independent medical specialist evaluate your injury or review your case with the medical provider so that they can draft a more detailed report. The attorney will also contact witnesses present during your injury to corroborate your testimony to ensure the board or judge rules in your favor. Hiring a workers’ compensation attorney is important when appealing a denied claim. You do not have to worry about the attorney’s fee because it will be based on a small percentage of the claim benefits you will receive.         For more information, contact a professional in your area or visit a website...

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When Michigan’s No-Fault Rule Doesn’t Apply

Posted by on 6:44 am in Uncategorized | Comments Off on When Michigan’s No-Fault Rule Doesn’t Apply

In the state of Michigan, all drivers are required to carry what is commonly referred to as “no-fault” insurance coverage. One of the benefits of no-fault insurance is that your medical bills, rehabilitation and lost wages are all paid by your insurance company; you do not have to fight another driver’s insurance company for reimbursement and in general are not allowed to sue the other party for these costs as well. However, there are a few instances where Michigan’s no-fault rules don’t apply.  Someone Was Killed As A Result Of The Accident If someone lost their life as the result of an auto accident, no-fault insurance and the limits it places on lawsuits no longer apply. When someone is killed due to an auto accident, the family of the deceased is able to file a lawsuit on behalf of their lost loved one.  In this instance, the family file a lawsuit against the other drivers who they believe were at fault and caused their loved one’s death. They can sue for funeral expenses as well as the loss of future wages. In addition, they can also sue for non-economic damages, such as loss of companionship as well as pain and suffering.  Someone Suffered Serious Impairment As A Result Of The Accident Another instance where the limit on personal lawsuits is set aside is when someone suffers serious impairment of a bodily function as a result of an auto accident.  What qualifies as a serious impairment can vary, but the basic guidelines are that a part of their body was permanently changed as a result of the accident, and cannot be used in the same way anymore. For example, if someone lost one of their limbs due to an accident, that would be a serious impairment. Or if someone suffered nerve damage to their hand due to an accident, that would be a serious impairment.  Basically, any impairment that prevents them from living their life as they had before and will affect them for the long-term.  Someone Suffers Serious Disfigurement As A Result Of The Accident Finally, the third instance where one can disregard the no-fault limit on personal lawsuits is when someone was seriously disfigured due to an accident.  Some instances of disfigurement could fall into the above category of serious impairment as well. For example, if someone lost their limb, that could be an impairment as well as a disfigurement. Many conditions may fall under both categories.  If you believe that your situation falls under any of the three categories listed above, you need to speak to a Michigan car accident attorney and see what your legal options are to pursue compensation beyond the coverage provided through your no-fault insurance. Contact a business, such as the Knochel Law Offices, P.C., for more information....

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Four Ways For Small Business Owners To Prevent Falling Accidents On Their Property

Posted by on 7:16 am in Uncategorized | Comments Off on Four Ways For Small Business Owners To Prevent Falling Accidents On Their Property

When you’re running a small business, your finances are often tight. The last thing you need is for a customer visiting your property to slip and fall and file a personal injury lawsuit against you. While hiring an experienced attorney can help, the reality is that you could still be in for a lengthy legal proceeding that can take away from your ability to smoothly run your business. It’s impossible to successfully prevent all injuries, but there are a number of steps that you can take to reduce the likelihood of someone falling on your property. Here are four ideas to put into place. Use “Slippery Floor” Signs When Necessary Whether there’s been an overflow in the bathroom, a water spill on a smooth tile floor or melting snow around the inside of your door during the winter, it’s important to clean up these messes in a timely manner. Even when you’ve mopped the floor, it can remain slightly wet and slippery — in this case, it’s smart to invest in a “Slippery Floor” sign that you can place in the middle of the wet area to alert people to the floor’s condition. Organize The Workplace Properly Tripping hazards can easily lead to a fall and a personal injury suit against you, so it’s smart to ensure that your workplace is as easy to navigate as possible. The manner in which you organize the space depends partly on the nature of your business. If you have a small store, for example, don’t pile excess products on the floor, as people can easily trip over them. If this means having less stock on display, it could be a small price to pay to save you from an injury suit. Clearly Identify Floor Changes When you have a small step or a ramp in your workplace, you need to be sure that customers will identify the change in the floor to avoid taking a misstep and falling. Brightly colored reflective tape at the edge of each step or at the top of the ramp can make sure people notice the floor, while rubber non-stick coating on stairs can also reduce the risk of a slip and fall. Ensure All Areas Are Properly Lit Dark or shadowy areas can pose a fall hazard for some customers, so make sure that you have enough light in each area of your workplace. Deal with burnt-out lights promptly and don’t hesitate to hire a commercial electrician to upgrade any fixtures if you find that they’re not putting out enough light. Visit for more information....

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