Saving Yourself from the Harsh Consequences of a DWI Conviction

All U.S. states have a 0.08% blood alcohol concentration (BAC) level limit for car drivers. This is one stipulation, besides the strict implementation of the anti-texting law while driving, that the National Highway Traffic Safety Administration (NHTSA) has been strictly enforcing lately, specifically through sobriety check points, in the hope of significantly reducing the yearly number of fatal car accidents due to drunk-driving, which totals to more than 10,000. A fairly small number considering the fact that the annual figure of drivers arrested due to intoxicated is over a million.

Individuals accused of drinking and driving will suffer a DWI conviction if proven guilty, a crime that is given heavy fines, time behind bars, community service, mandatory attendance in alcohol and drug education classes (also known as DUI School) and/or suspension of driver’s license.

The only sad truth is that, of the million arrests, so many are first time offenders and whose real crime may only be the mistake of enjoying time with family or buddies, especially during holidays or weekends, and then deciding to drive home themselves.

DUI defense lawyers fully know and understand the harsh consequences of being charged with a crime. The effects of a criminal charge can alter an individual’s personal and professional life even if the crime is only trying to drive home, as safely as possible, while drunk. Quite a cruel reality for first time offenders and social drinkers, but that is the law.

If convicted with a DWI offense (or any other conviction), the various inconvenient and unfavorable consequences can include:

  • difficulty in renting an apartment or finding job (some even lose their current job);
  • difficulty in renting a vehicle;
  • restrictions on international travel;
  • difficulty in maintaining professional driver’s license, more so in renewing driver’s license;
  • negative effects on child custody case; and,
  • higher car insurance premiums (for about three years)

A good, experienced lawyer, such as a Westchester DWI lawyer, may be able to help in lowering the degree of punishment or, sometimes, even save those charged with DWI from conviction. A DWI crime is a serious offense that requires only a strong and convincing defense from a highly-skilled lawyer.

read more

Were You Wrongfully Terminated? Know Your Rights

When an employer feels that one of their workers is no longer needed or has violated company policies, they have all the right to terminate that employee for just cause. Generally, most companies hire employees “at-will” which means they can be fired at any time for a valid reason. But just because employees have such status does not give employers the right to terminate them for any reason.

According to the website of the Leichter Law Firm, an employee who was wrongfully terminated by their employer has the right to sue their company and receive compensation in the process. But when is a termination considered wrongful? Here are some grounds that will justify the filing of a wrongful termination case:

Written Promises
If you signed a contract or other statement that ensures your job security, then you have a case against your employer that you are not an at-will employee. If it is stipulated in the contract that you can only be fired for a valid reason then you might be able to claim damages for being illegally terminated.

Implied Promises
Your contract might also have some other provisions that exempt you from the “employee at-will” provision. These promises are based on things that your employer might have said and did regarding your employment. In determining the existence of implied promises, the court will look at the following:

  • Duration of your employment
  • Regularity of promotions
  • History of positive performance reviews
  • Promise of continuous employment upon hiring
  • Employer’s violation of a usual employment practice in terminating you such as not giving a warning

If you were untreated unfairly by your employer, you may have grounds to make them liable for breach of duty of good faith and fair dealing. Examples of unfair treatment include:

  • Misleading employees about their chances for promotion and wage increase
  • Repeatedly transferring you to remote, dangerous, or undesirable assignments to force you to quit without being able to collect severance pay or other benefits
read more

Taking Action Against Wrongful Death

It is difficult to describe the devastation people deal with when they learn that their loved one has died in an accident that could have been easily preventable. Knowing that your spouse or parent could have been saved had some other individual been more careful or less negligent can make finding closure a herculean task. It’s for this reason that legal avenues are available for families grieving the sudden loss of their loved ones.

All across America, states have varying laws for the pursuit of a wrongful death lawsuit or claim. For example, as noted by the Charleston personal injury attorneys at Clawson and Staubes, South Carolina laws allow for legal action that benefit the deceased’s spouse, children, or parents. By taking this legal action, those left behind by the deceased can pursue compensation that can cover a variety of damages, among them financial loss and support for beneficiaries. The law also allows families to sue for damages that can cover the psychological stress and suffering that they’ve endured. It doesn’t matter what type of accident caused the wrongful death. It could have been a car accident, a workplace incident, or an act of physical assault. A wrongful death claim can be pursued regardless of the specific circumstances—as long as it can be proven that the death in question had been caused by another person’s negligence.

Dealing with the death of a loved one can be an extremely harrowing experience. The entire ordeal becomes especially devastating if the death that you’re mourning could have been prevented. There is no easy way to move on from tragedy, but families of wrongful death victims have the option to turn to the law and pursue compensation that are rightfully owed to them. However challenging this experience may be, grieving families should find strength in the fact that the law is on their side. If you are in a similar situation, do not hesitate to reach out to a qualified personal injury attorney for more information.

read more

Uncovering The Different Causes of Spinal Cord Injuries

The spinal cord is one of the most important organs of the body. It helps us stand upright, lift heavy objects, support our back, and others. According to the website of the Champaign personal injury lawyers, few injuries can have a more comprehensive effect on our lives than spinal cord injuries. Damage to this organ of the body can lead to temporary or even permanent disability.

Spinal cord injuries (SCI) can have different causes. In general, it is the result of direct trauma to the nerves or indirect damage to the bones and soft tissues as well as the surrounding vessels. Damage to the spinal cord leads to loss of function, such as mobility or feeling. In most people suffering from the injury, the spinal cord is not entirely severed but either bruised or torn. A broken vertebra or vertebrae does not necessarily mean that the spinal cord itself is affected.

Spinal cord injuries are often the result of motor vehicle accidents, falls, sporting-related incidents, or diving into shallow water. If another condition caused the spine to be weak, any minor injury can result to spinal cord trauma. The age of an individual can also cause spinal cord injuries. The narrowing of the intervertebral canal results to a condition called stenosis. SCI can either be traumatic or non-traumatic. The former is caused by a trauma to the spinal cord while the latter results from other causes.

In adults, spinal cord injuries results from damage to the spinal column that involves stretching, bruising, impacting, or compacting due to an external force or movement. In children, SCI is caused by the over-stretching of the spinal cord. In addition, it can also be caused by an infection in the spinal nerve cells. Other causes may include cysts or tumors on the spinal cord, interruption of blood flow to the spinal cord, and congenital medical conditions that has an effect on the structure of the spinal column.

read more

Is There Someone to Fault for My Child’s Cerebral Palsy?

One of the most common movement disorders that plague children is cerebral palsy. It is a disorder that is due to an abnormality with the brain that affects muscles that then affects a child’s posture, movement, balance, or basic abilities such as swallowing or speaking or hearing. At present, there is no known cure for cerebral palsy.

Sometimes, a phenomenon like this cannot be helped. It is an unfortunate affair, as disabilities are, but if they are natural then there is only fate to blame. However, that is simply not the case for a strong majority of people who have suffered cerebral palsy.

One of the primary causes of cerebral palsy is negligence that can constitute as both medical malpractice as well as birth injury. These are two subsets of personal injury, a branch of the law that deals with situations that involve an innocent party suffering the consequences of an accident that were caused by the negligence of someone else. The consequences may be debilitating injuries that are of a physical, emotional, or mental nature (or any combination of the three).

If your child acquired cerebral palsy, they will have to deal with that for the rest of their lives. It is something they must adjust to and would require so much more patience and hard work that is not required of normally able-bodied folk.

Though it may be difficult to deal with a case of this nature if you are the plaintiff, it is understandably difficult to think of anything else but recovery in this trying time. A Philadelphia cerebral palsy lawyer, for one, would have the necessary knowhow to navigate through the legal proceedings.

read more

Acquiring a Green Card by Investing in Business

The United States offers a number of ways that people around the world can acquire a green card. For those who have the money and wishes to do business in the United States, the country has the Immigrant Investor Programs, intended to specifically invite foreign capital as well as business people in exchange for citizenship and right of residence in the country. One of the visa programs that overseas applicants can file for is the EB-5 visa.

The EB-5 visa has very strict requirements. EB-5 is one of the most demanding categories to authenticate eligibility, as well as being the most expensive. In order to qualify for EB-5 visa, applicants are usually required to provide either US$500,000 or US$1,000,000 of capital investment and should be active in handling the business. The minimum amount may depend on the location as determined by the targeted employment are (TEA), with the EB-5 project located either on the rural area or somewhere with a high unemployment rate for it to qualify for TEA.

According to the  website of the AmLaw Group, foreign investors are required by the USCIS to have the investment result in generating at least 10 full-time jobs for American workers, with the jobs created within a two-year period after receiving the conditional permanent residency. Instances where the investor would prove that the investment created direct jobs for employees who are working directly within the commercial business that received the investment are sometimes called for by the USCIS, but generally the EB-5 investor is only required to prove that 10 full time jobs (either indirect or induced) from the investment made in a regional center. Induced jobs are defined as those generated within the community from the income spent by the project employees of the EB-5 project and indirect jobs are those that are created from business who deliver goods and services.

Due to the amount of the investment, being rejected of EB-5 visa can be a big waste of time and money. Applying for an EB-5 visa is among the most expensive and difficult categories to determine eligibility.

read more

When to Sell Mineral Rights

Any sort of property ownership can reap great rewards if the conditions are right. However, if these necessary conditions are not met, selling property is a more financially sound option. This is especially true when it comes to mining property, because there are a lot more factors than just the real estate market. Here are some tips to help you decide whether or not you should sell mineral rights.

If you are running low on disposable income, selling your mining property could help you live more comfortably. Emergencies or great opportunities arise spontaneously, but if you do not have a sufficient amount of excess funds, you cannot tend to them.

Owning property means paying significantly more taxes. If your property is consistently making less money than you are putting into it, keeping it is only holding you back. Plus, those without property go through a much less complicated process than those with property.

To maximize your profit, you might want to consider selling mining property when there is an oil boom. You never know when the oil and gas industry will take a turn for the worst, especially with the emergence of new energy. Take this into consideration when deciding if and when you will sell.

Make sure that if a company is leasing out your land that you are aware of the development of their projects. Some companies lease out properties a decade in advance, meaning you will not turn over any profit for a considerable amount of time. If this is the case and you want money relatively soon, consider selling your property. It would be especially valuable to buyers if you market that there are already companies leasing out your land.

When selling property for mining, keep in mind that it is a very niche market and each value varies considerably. With that in mind, it may be smart to contact a mining rights broker to aid you in your sale.

read more

The Truth behind the Causes of Bankruptcy

It is undeniable that there is a persistent social bias against bankruptcy even as more and more people are being pushed to the brink of a financial crisis through no fault of their own. “Bankrupts” are “lazy,” “spendthrifts,” “irresponsible,” or “foolish.” While these may describe some people who file for bankruptcy, it is by no means the norm. Here are some numbers about what causes bankruptcy that may make you think again.

Medical Expenses

More than 40% of bankruptcy filings in the US are due to unexpected or excessively large medical expenses. This could be as a result of an accident, birth injury or defects, sudden illness, or complications arising from medical treatment or surgery. Prior to that, many were gainfully employed, properly insured (nearly 80% of those who filed had medical insurance), had good credit scores, and did not have a heavy debt load.

Unemployment

About a quarter of all bankruptcy filings are due in part ort primarily from unemployment. Many of these people have been working all their lives when they were suddenly laid off or the company closed, and now have difficulty competing with younger candidates for a few jobs. Many have no savings because they thought they had financial security, or what savings they had is all gone.

Major Disasters

Seven percent of those seeking financial relief through bankruptcy were victims of some disaster such as fires, earthquakes, tornadoes, or hurricanes. They were wiped out and many had homeowners insurance which unfortunately did not cover the relevant incident.

There are certain things that will have a profound impact on you that you simply cannot control, and all you can do is try to start fresh. This is what bankruptcy can help with as discussed at length on http://centraltexasbankruptcy.com/. For more information about how bankruptcy can help you get financial relief, consult with an experienced bankruptcy lawyer in your state.

read more

Important Factors when Applying for Workers’ Compensation Benefit

Construction sites, factories, gas and chemical plants, and mining areas, are the most common working environments where accidents that lead to severe injuries, chronic illnesses and deaths happen. A severe injury can be enough to cast a construction worker and his/her family into a crippling financial situation, especially if the injury leads to a disability that will partially or totally incapacitate a person from performing regular work.

The scenario above only shows how really important the workers’ compensation benefit is to anyone who gets injured while performing work or who develops a deadly, chronic illness, as this benefit is aimed at providing immediate and sure financial help that would cover cost of medical treatment, lost wages, vocational rehabilitation, disability or death. When applying for this benefit, the following steps are required:

  • A medical examination by a doctor who is accredited by the workers’ compensation insurance provider
  • Notification of the employer, usually 30-45 days after the injury was sustained or when the illness was discovered. This is followed by the filing of the application for claims which has to be done within the statute of limitation, which can extend up to two years in some states. For guaranteed safe filing, though, it is best to file the application within a year after the accident occurred (or after the illness was diagnosed)

The form for the application of claims will be issued by the employer after having been notified. The injured worker should make sure that the form is properly and correctly filled out (that no boxes or lines requiring information are left empty or signature missed as any of these will result to denial of the claim) and that all documents proving the injury are attached. Among the important information required are the claimant’s name, address, Social Security Number, date and time the injury was sustained, the place where the injury was sustained, the full description of the injury, the name and address of the employer, the date the employer was informed of the injury, and so forth.

It is no secret that claims forms are quite confusing and that the documents that need to be included are quite plentiful – enough to make everything burdensome to the injured worker. Add to this the firmness of those tasked in approving claims to deny out rightly any form that bears technical mistakes or lacks supporting documents.

Seeking the assistance of a Minnesota workers’ compensation lawyer will save the injured a great deal of time as this legal professional can help in the immediate processing and approval of the much needed benefit.

read more

Disabilities that Qualify for SSDI in Texas

Social Security Disability Insurance (SSDI) and Supplemental Social Security Income (SSI) are often confused, so it’s important to understand their differences in order to know how you may qualify for either. SSI pays benefits to those with limited income and assets, who are above 65, disabled adults, or disabled children. SSDI is funded by Social Security taxes helps to support those who have work experience but are disabled or injured later in life. The amount of SSDI benefits an individual is eligible for in Texas typically depends on their previous income before becoming disabled.

The Social Security Administration (SSA) has a list of medical conditions that they consider severe enough to automatically consider a person disabled. If your condition is not on that list, then the SSA has to decide if it is of equal severity. Most of the impairments listed are expected to result in death or are permanent. The most common disabilities that qualify for SSDI are:

  • Mental impairment (intellectual disability, mental disorder)
  • Musculoskeletal conditions (arthritis, back injury)
  • Cancer
  • Heart disease
  • Nervous system impairment
  • Infectious disease, metabolic and endocrine diseases, and respiratory system diseases also rank among the most common impairments for those receiving disability benefits.

You do not necessarily have to satisfy the requirements of the SSA listings in order to qualify for benefits. You can be awarded disability benefits if certain aspects of your illness or injury can be considered medically equivalent to one on the list. This is referred to as “equaling a disability listing.” Migraine headaches are an example of an unlisted condition that is often considered severe enough to qualify for benefits. If a claimant’s migraines are well documented and proven to be severe enough to effect the ability to work, then it is possible that they can qualify as equaling a disability listing.

read more