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The Best Way to Fire Your Lawyer

Posted By on Dec 5, 2017

If you are in the middle of a legal case and your lawyer isn’t living up to their promise, you obviously have a problem. The performance of your lawyer can have a major impact on whether your case is a success, and how big a success. In fact, your case could get dismissed if your lawyer doesn’t do his or her job correctly. Basically, it’s a big deal if your lawyer is not performing at the level you expect.

The good news is, you can fire your lawyer and get a new one. However, if that’s the direction you want to go, there are a few tips to keep in mind concerning how to change your lawyer. If you follow this advice, you can make sure you give your lawyer the boot in a way that doesn’t hurt your case.

  1. Don’t fire your lawyer before you have a new one

A common mistake is to get infuriated with your lawyer, and while your blood is up, to really let him or her have it and fire them right then and there. The problem is, as satisfying as that choice can be, you may destroy your case by venting that way. You need another lawyer in place so a transition can be made quickly and smoothly without missing important deadlines. So, calm down, play the long game, and then enjoy letting your lawyer go once you and your case are protected.

  1. Get recommendations next time

It’s understandable if this is your first go-round with the legal system that you simply went with the first name that sounded like it came with integrity and a winning edge. Now that you’re a little wiser, spend some time finding a lawyer that comes with more than just an impressive name. Check websites and ask around to find a lawyer that has a good reputation for being attentive to their clients and getting the right results.

  1. Expect slowdowns

Even if you switch to the best lawyer in your area and you do it before you can the last one, you should still expect some slow down in your case. Lawyers are required by law to transfer any documents and evidence that you brought to the case, but that doesn’t include any notes or strategies your previous lawyer made. In fact, a new lawyer will basically start from scratch, so adjust your expectations accordingly.

  1. Only do it once

Firing your first lawyer is an understandable choice if the case isn’t going the way you want. But just be aware you can probably only pull that trick once. That’s for two major reasons: first, multiple changes can frustrate judges with all the delays, which might lead to your case being dismissed. And second, word gets around quickly between lawyers, and if you’ve proven hard to please, you may find it next to impossible to find a third lawyer willing to try to keep you happy.

Getting a new lawyer may be the best decision you ever make. It might make the difference between winning your case and getting it dismissed. Just make sure if that is the right choice for you that you do it in a smart way by following the advice above.

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I can’t take advice from my father anymore. That sentence is such a shock to write, but I’ve recently discovered it’s absolutely true. I can’t take advice from my father. Wow.

You would have called me crazy for writing that a couple years ago if you’d known me and you’d known my father. I was an irresponsible 22-year-old back then and my father was about the sanest, most thoughtful, simple-hearted and sweetest man out there. He did everything right in life, even if right often meant boring.
My father, two years ago, worked as an accountant. He had saved up and bought his first house with half the money down and paid it off the rest in less than a decade. He invested smartly in the market, never in anything too risky. At 55, two years ago, he had no debt, a massive retirement fund, and kids who, unlike their peers, would not owe a cent to their universities for their educations.

Then, my dad met Cindy. I can’t blame him for meeting her. My parents were separated at the time. My mom, and this is one of the great ironies in all this, said she felt her life was being wasted living such a dull existence. Well, she went out and married a tax lawyer after my dad, and my dad married Cindy.

Cindy is…something. She’s a waitress at a bar, still, even though she’s with my dad and my dad is worth a fortune. She spent her twenties and thirties traveling around the world doing odd jobs, married to odd people. She has one kid, whom she had when she was 19 and left with her parents who did most of the raising. His name is Derek and he calls his mom Cindy just like the rest of us.

I’m not trying to say she’s not a nice person. She is really nice. She’s a lot of fun too. I can see why my dad likes her and I like her well enough too, except for what she’s done to my dad.

Gone is the safe, stable man I grew up trusting and respecting. He’s cashing in on his retirement to travel. He’s playing dangerous games with the market, making big, risky investments. He’s gambling as well.

Now, he wants to ride a motorcycle. He’s got one all picked out. When I told him like he told me for years, that motorcycle accidents are terribly common and terribly dangerous when they occur, he just laughed and said I was getting too worked up over nothing.

I don’t know. In some ways, I like the new dad. He’s loosened up, and he looks happy, which I see now he rarely did when I was growing up. But I miss the old dad too, the one I knew I could rely on. The one whose advice was always sound, even if it wasn’t the most exciting advice.

I’m 24, I don’t need to hear “get out there and live.” I have that urge down fine. I need to hear the old, smart advice of my old dad. But he’s gone now, and I just don’t have anyone to get advice from anymore.

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No Excuses For DUIs

Posted By on Sep 28, 2017

Edgar Verduzco, a police officer in the LAPD, was arrested on Thursday following a DUI in which three people were killed and two more (including the officer) injured. The three killed included a teenager and his two parents, who were killed after their vehicle caught fire. That the one responsible for the accident was a police officer is bad enough. But he also seemed to have been involved in an anti-drunk driving initiative. The death and pain caused by this accident were easily preventable, as this law firm’s website says. After all, the only thing that’s necessary not to cause an alcohol-related accident is not to drink while impaired. But every day, across the entire country, people ignore this simple rule, resulting in massive amounts of injuries and death.

Taking a closer look at the statistics involving car accidents is harrowing. The CDC website on the subject lays it all out in full. 28 people a day are killed in the US in a drunk driving accident, totaling 10,265 deaths a year in 2015. That makes up approximately 29% of the traffic-related for that year. Think about what that means- if people made the very reasonable, very easy decision to simply not drive after they had been drinking, the number of automobile-related deaths in the country would drop by one-third. And though police often work hard to try to crack down on dangerous driving, it’s impossible to catch everyone. In fact, according to the CDC, only about 1 million of 111 million annual drink driving incidents are ever arrested.

Young people seem to be the biggest risk factors. The CDC’s research shows that 55% of drunk driving accidents involved people between the ages of 21 and 34. That may be for a number of reasons. Young people are probably more likely to engage in drinking or go out. And when they do, they were probably less likely to consider the risks of their actions and to partake in dangerous behaviors like drinking and driving. But youth isn’t an excuse- but the age all of us start drinking, we have received enough messages about the dangers of driving under the influence to be able to make the right decisions in situations such as those.

So what can be done? Obviously, people are going to drink, and many of them will go out to a club or bar to do it. But when you do sure, be sure to form a plan beforehand. Designate a driver if necessary. If you aren’t able to, bring money for an Uber or a Taxi. In some cities like New York that have extensive public transportations, you may be able to get home even cheaper and more easily than that. And if all these fail, there are many initiatives set up by churches, schools, and community-building organizations that offer free or cheap rides to people who need them. The resources are there, enough of them that no one should ever have an excuse to risk hurting others by drinking and driving.

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Weddings are a tradition shared by many different cultures, and each culture has its own way of making one of the most celebrated events in human life a great expression of their values. In this growing age of globalization, we are more connected with one another than ever before. Air travel is more widespread than ever, and there are budget options that allow nearly anyone to travel to a new place and experience a different culture. As cultures collide, the way weddings are celebrated is changing, and this one couple who met in Chicago went all out to celebrate their different cultures.

The wedding between the Indian Ankur Raniwala and Mexican Veronica Garcia, featured in the Daily Herald, represents a blending of Indian, Mexican, and American wedding traditions. The couple spared no expense making their wedding the ultimate blend of culture, costing just under $100,000. In Indian weddings, elephants or other large animals are commonly used by the groom to pick up the bride-to-be, and in this wedding a beautiful paper-mache elephant was constructed by the groom’s own hand as a stand in. The bride switched from a Sari to a traditional wedding dress, and the guests danced to both salsa and popular tunes from Indian films. The wedding proceedings lasted several days to incorporate all of the Indian pre-wedding festivities, and the ceremony included an exchange of rings common to Catholic weddings. The bride and other members of the wedding party were decorated with intricate designs in henna. There was even an ice cream bar and a cocktail hour, common to many weddings in the United States. According to this article, the trend towards blending different cultures together for a wedding is a growing trend, and there is is a growing market for specifically Indian-American weddings. Some venues are beginning to specialize, and more resources are available for those who want a unique wedding to celebrate each other’s culture.

In the Chicago area, there are many different places that you can host your wedding to ensure one of the most special days of your life is truly the celebration of a lifetime. You can even hold your wedding on the waters of Lake Michigan through Anita Dee Yacht Charters. But regardless of where a wedding is held, the most important aspect of the wedding is that is shared between two families. According to the couple from the article, what they see are two families coming together out of respect for the couple, not necessarily the cultural differences.  

The growth of wedding venues and wedding planners specifically catering to multicultural weddings is a sign that the United States is becoming more diverse and more connected. In a few decades, the definition of what constitutes a truly “American” wedding could drastically change and incorporate elements from all over the world. As families from diverse backgrounds come together to celebrate a marriage, barriers degrade, and our world becomes a little bit smaller and more connected.

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Heavy Equipment Malfunction

Posted By on Jun 7, 2017

A necessary, yet, inherently hazardous occupation is construction work. Despite the safety measure observed and implemented by management, contractors, owners, workers and manufacturers of machinery used, the job simply exposes workers to more dangers that can cause severe injuries. This is why in some states, besides the Workers’ Compensation benefits, there are other laws, such as those imposed by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) that give extra protection to construction workers.

It is important, though, that you seek the assistance of a personal injury attorney who will help you make sure that you meet the requirements of your state’s Workers’ Compensation Insurance program to avail of the full benefits stipulated in it. Thus, a personal injury attorney’s duties include guiding you on what to do right after the injury, what forms to fill out and when to process your claim so that you will not beyond the set statutory period.

Construction accidents that are work-related are considered as personal injuries, that is, injuries caused by another’s careless or reckless behavior. As a victim of a construction accident, your lawyer will tell you that your rights and interests are protected and supported by the law, thereby allowing you to receive compensation for your economic losses and any injury-related expenses, like costly medical bills.

According to the law firm Crowe & Mulvey, LLP, though construction is a positive sign of growth and progress, it also introduces a host of potential hazards. Construction is a dangerous industry, and accidents occur regularly in construction sites. An especially precarious situation may arise when equipment malfunctions, potentially causing devastating results to workers and bystanders. Depending on one’s proximity to the accident and the equipment in question, the potential for serious injury is high.

Though most equipment on construction sites is in proper working condition, malfunctions do occur and can quickly lead to a serious construction accident. Some of the most common forms of equipment malfunction following: crane collapse, scaffolding collapse, electric shock and improper maintenance of equipment.

Failure to maintain any construction site tools and machinery or failure to manufacture them under the required market standards definitely makes all people concerned responsible for any accident that may take place. In the event of an accident, it will be wise for injured workers or their families to get in touch with a skilled personal injury immediately for their needed help in pursuing compensation from responsible parties to cover any medical costs or other damages sustained.


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Children Injuries Due to Negligence

Posted By on Mar 8, 2017

Children may be physically limited to successfully avoid accidents, mentally limited to assess dangerous situations, or reckless enough to put themselves into harm’s way. As the adult, you have the responsibility to put the children in safe conditions and supervise them enough to avoid reckless behaviors, accidents, and injuries.

But sometimes, this responsibility is passed on to others, and they may not be as emotionally attached to the task as you are, resulting into negligent behaviors that may lead to the children’s harm. According to the website of the Amerio Law Firm, negligent parties may be held liable for the injury of your children.

Common Child Injury Cases
Dangerous childcare products and toys: Designers and manufacturers may be held liable for defective childcare products and toys. The most common defects include harmful materials used in the production of the product, materials that easily detach turning into choking hazards, and products that are not suitable for the age group advertised.

Childcare facility accidents: Childcare facilities, such as daycares, have the responsibility over the safety of their clients’ children and the effectiveness of their services and facilities. Any form of harm that has resulted from the daycare staff’s negligence or the daycare’s defective or malfunctioning items is enough grounds for a lawsuit.

Playground accidents: Some playground accidents occur because of the child’s own recklessness, but there are instances where other parties can be blamed, such as the playground owners, playground equipment designers and manufacturers, and maintenance providers, who have failed to keep their premises safe.

Swimming pool accidents: Swimming pools and other similar recreational areas should also make sure that their premises are safe from accidents, particularly those that can be triggered by unsupervised children. These areas can do this by maintaining the cleanliness of the place, putting up barriers and fences to create boundaries, and having adequate security and services such as lifeguards.

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Seventeen states in the U.S. that are known as “no fault” divorce states: Wisconsin; Washington; Oregon; Nevada; Nebraska; Montana; Missouri; Minnesota; Michigan; Kentucky; Kansas; Iowa; Indiana; Hawaii; Florida; Colorado and California (all other states are known as ‘fault” divorce states due to need for the one filing for divorce to cite a valid reason due to which the divorce is being sought). In these “no fault” states, a spouse may file a petition for divorce without the need of having to cite any ground, such as abuse, adultery or abandonment. Simply stating “irreconcilable differences,” or “insupportability” which, under Texas law, is discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Because irreconcilable differences, or insupportability renders a marriage beyond repair, it is, therefore, accepted as basis for divorce.

Divorce, however, may be filed only if the marriage entered into by two individuals is legally binding; marriages which, from the very start are null or invalid, may be terminated through annulment.

Annulment is a legal declaration of the cancellation of a marriage. It has to be canceled and declared canceled to give the spouses, or a spouse who has been offended, the right to enter into a legally binding marital union. A marriage is considered non-legally binding and, therefore, invalid from very start due to any of the following reasons:

  • It was entered into by blood-related individuals (most states outlaw marriages between relatives closer than second cousins since this would be incest;
  • One of the individuals is still in an existing marriage, thus, making succeeding marriages bigamous;
  • One or both spouses are under the age of 16 when they entered into marriage.

There are instances, on the other hand, when a marital union is considered legal, but will have to voided or canceled due to the following grounds:

  • Fraud, such as when one keeps secret a prior marriage, a felony conviction or addiction, or having a child from a previous marriage;
  • Coercion, which is the case when one spouse was forced by the other to enter into marriage;
  • Intoxication due either to alcohol or drug since this renders either of the spouses lacking the full capacity to consent to marriage;
  • Mental incapacitation, which renders one or both spouses unable to fully grasp the responsibilities and duties of a married life; and,
  • Impotence or the inability of one spouse to have sexual intercourse.

For a court to grant a petitioner for annulment, however, a petitioner for annulment should stop cohabiting with his/her partner after he/she learns of the claimed ground/s for the annulment. If the petitioner does otherwise, then no annulment will be granted by a Texas court.

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To traffic enforcers and the American public, the more than five million car crashes occurring on roads and highways in the U.S. every year have made wrecked or totally wrecked cars and severely injured individuals a very common, yet always a frustrating, sight. Cars crashing with another motor vehicle, crashing into a concrete barrier, a wall, a tree, a lamp post or any other solid object, or hitting a motorcyclist, a bicyclist or a pedestrian, have always left properties damaged or, worse, individuals with permanent disability or dead.

Over the years, the number of car on roads and highways has steadily increased; with this, however, is also the increase or retention in the number of car accidents. Studies by the National Highway Traffic Safety Administration (NHTSA) show that driver error accounts for more than 90% of all car accidents both in the U.S. and around the world.

Driver error include driving while impaired by alcohol or drugs (both legal and illegal), driving too slow, driving above the speed limit or driving too fast despite dangerous road condition, using a handheld phone while driving or failing to observe safety traffic rules. Car accidents can be avoided, definitely, if only drivers will act responsibly whenever behind the wheel.

Aside from those listed above, which, according to the NHTSA, are the top causes of road mishaps, there are many other reasons why car accidents happen.

There are also drivers who fail to use signal lights, tailgate, overtake improperly, drive through a red light or make sudden turns. However, there are also accidents which occur due to road defects or defective cars or car parts.

An accident is always a traumatic experience, especially to those who sustain injuries and the trauma increases based on the severity of the injury sustained. Besides the injury, another cause of great worry for victims and their families is the financial burden the injury will result to. This is due to the medical treatment and the loss of income as the injury is sure to render the victim incapable of reporting to work. Even the opportunity to land in a good job can be affected by the injury sustained. Due to all these, the Toronto car accident lawyers with Mazin & Associates PC emphasizes the importance of working closely with different experts, including medical professionals, present and future care experts, specialized accountants, and leaders in the field of medical rehabilitation, to ensure that a car accident victim would receive the proper care and protection after a serious car accident.

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The Issue of Child Support

Posted By on Aug 16, 2016

Child support is one major issue spouses and those who enter into a relationship and have a child will need to settle in the event that they decide to divorce one another. Determination of child support is made by a court, thus, its payment is, therefore, a legal obligation. A non-custodial parent will not be exempt from paying child support even if he or she were to declare bankruptcy. Non-payment of this court-ordered support can mean fines and imprisonment for the non-custodial parent.

Child support is the legal duty even of divorced couples. This is because though they would stop being a spouse to one another, their being parents to their children will never cease. This gives them the legal and moral duty to see to it that all the needs of their child/children are met.

Child support or child maintenance is paid on a regular basis (usually monthly) by a non-custodial parent to the custodial parent or to whoever has been determined by the court to care for the child (this can be a guardian, a caregiver or the government itself). Courts usually name a custodian other than the parents if both parents have been declared unfit to care for their child or if both parents will not be able to perform their parental duties due to serious medical condition).

Thousands of cases regarding non-custodial parents fleeing to other states to be able to escape payment of child support have been (and still continue to be) reported. Due to this, the Child Support Recovery Act (CSRA) was passed in 1992. Under this Act, the Federal government, state and local authorities are encouraged to assist one another, mainly in determining the whereabouts of those who try to escape child support payment. Under the law, non-custodial parents who are also found to owe at least $2,500 in child support, will be denied a U.S. passport if they apply for one. This mandate is declared by the U.S. Passports & International Travel of the U.S. Department of State’s Bureau of Consular Affairs. Only when unpaid amount has been settled will application for a passport be accepted; however, it may still take the Passport Services two or three weeks before the processing of passport application gets approved.

A non-custodial parent, after his or her whereabouts has been discovered, can face federal prosecution if it can be confirmed that he or she intentionally failed to pay child support, skipped payment for more than one year, or the amount owed is more than $5,000.

According to the law firm Marshall & Taylor PLLC, child support actually pays for educational costs, transportation to school/activities, medical needs, daily sustenance and care, mortgage on a house or rent for an apartment/shelter, and a certain standard of living. Both parents, of course, have the obligation to provide for their child; if one parent refuses to perform his or her duty in providing for his or her child, then the other parent can always take legal action.

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Risks of having Alzheimer’s disease

Posted By on Mar 12, 2016

Aside from series of medications, individuals suffering from Alzheimer’s disease often require specialized assistance for them to avoid hazards in their everyday living. Alzheimer’s disease affects approximately 5 million elderly in the United States.

Though usual signs of Alzheimer’s disease like getting lost to familiar places and suddenly forgetting how to cook meals may vary from one person to another, a person, often an elderly who has this kind of mental disorder may also not realize that he or she can inflict harm to him or herself. As a person with Alzheimer’s disease can no longer remember many things, he or she is at high risk of suffering injuries from his or her surroundings. Serious injuries like broken hip bones and head injuries are common to individuals with Alzheimer’s disease if they accidentally slip or fall. Elderly with Alzheimer’s disease are three times at risk of suffering broken hips compare to normal counterparts. Family members who are living with a relative with Alzheimer’s should make sure that their surroundings are free of clutters and debris. Due to memory loss, an elderly with Alzheimer’s is at risk of injuries when there are clutters like books, toys, and shoes are in the house specifically on staircases.

Family members can do a lot of things to make their home safe for their relative who has Alzheimer’s. Households should make sure that all things inside the house are stored in proper places especially those that can cause slip or fall. To prevent slipping from rugs, households may use adhesive tapes to secure rugs in place. Tools and other things that are rarely used should be kept in a place that cannot be access by a person with Alzheimer’s mostly if it can cause injuries. Place rubber or non-slip mats on your shower room and bathtub. Make sure that your house has sufficient lighting for a person with Alzheimer’s to easily see his or her way around the house. Aside from persons with Alzheimer’s, it is common for elderly to experience vision deterioration due to aging. Family members may consider confining their relative with Alzheimer’s to a memory care facility to make sure that his or her environment is completely safe and he or she is closely monitored and cared by highly-dedicated personnel.

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