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Child Sports Injuries And Your Legal Options

Posted by on 4:48 am in Uncategorized | Comments Off on Child Sports Injuries And Your Legal Options

Your child has taken up a sport through school or an extracurricular sports club and has now suffered an injury. Unfortunately, your child is just one of many that suffer from sports injuries every year. What are your legal options and what steps should you take next? Go Through Your Own Insurance First In most cases, you will need to get treatment through your own health insurance company first. If you don’t have health coverage, you will need to pay out of pocket. Make sure you get the full details of the injury and a written estimate of the costs for all treatments. Go Through the Club’s Insurance The injury happened on the club’s time, so the next step is to go through that insurance. Whether it was a school or out-of-school club, there should be liability insurance. You can also file a claim against the school or club. This will require a lawyer and proof of all the damages—economical and non-economical. You will need to show that the club was negligent and liable in some way. File a Personal Injury Claim There are times that the injury was caused due to the actions of one specific player. This may have been through negligence or an intended action to cause harm. Where this is the case, you may be able to file a claim against the individual. Like filing claims against the club, you’d be best hiring an attorney to deal with it. It Isn’t Going to Be Easy While you shouldn’t be left out of pocket, proving that the injury was the club’s fault isn’t always going to be easy. Unless there was clear negligence or intent, you will often need to face the fact that your child assumed the risks by playing the game. College student Shawn Bukowski tried this after a drive line hit him in the face. He claimed the coach set the safety protocols up negligently, but the court ruled that he had assumed the risks by playing. However, had the coach known the equipment was faulty and the injury happened due to that—and Bukowski wasn’t made aware—then the coach could have been held liable. There is an element of risk when playing sports, and parents and children will accept these by playing. However, there are still steps that schools and clubs must take. If your child is injured, know your legal rights and talk to an attorney at a law firm like Trump & Trump if your child is injured playing...

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Help! In Florida, Can You Sue Someone for Giving You an STD?

Posted by on 9:40 am in Uncategorized | Comments Off on Help! In Florida, Can You Sue Someone for Giving You an STD?

According to, each year there are 20 million new cases of STDs, with half of those affecting people between the ages of 15 and 24. If you are one of the statistics but were unaware that you were sexually involved with someone who had an STD, you may wonder if there is any recourse. According to Florida statutes, there may very well be. STD Crime in Florida: Sexual Intercourse If you have sexual intercourse with a person who is aware of the fact that they have an STD and did not disclose this information to you prior to sexual intercourse, they committed a crime, a first-degree misdemeanor. Under Florida law, sexual intercourse includes not only vaginal sex but also includes oral sex and anal sex as well. STD Crime in Florida: HIV Transmission According to the Centers for Disease Control and Prevention, in 2013, there were about 47,165 people diagnosed with HIV in the United States. The site also states that in that same year, there were about 5,364 people diagnosed with HIV in Florida, making it the state with the most diagnosed HIV cases that year. In the state of Florida, if you engage in sexual intercourse with someone who was aware they were infected with HIV and did not tell you this fact prior to intercourse, it is not only a crime but also a felony offense. STD Crime in Florida: Penalties In the state of Florida, courts use the Criminal Punishment Code to determine punishments for felony crimes. The punishments will depend on the circumstances themselves as well as the crime charged. However, generally speaking, a first-degree misdemeanor in Florida is punishable up to a year in jail and a fine of as much as $1,000. A third-degree felony is punishable up to five years in prison and a fine of as much as $5,000. Proving Your Florida STD Claim In order to prove your claim, you will need to show proof that your sexual partner knew that they had an STD. In addition, they must tell you they are infected with an STD before you engage in sexual intercourse, not during or after the fact. You will not have a case if you were informed of their STD status and consented to the intercourse anyway. Also, you may not have a case if the person was not aware that they had an STD, but you still contracted an STD from that person. If a sexual partner has transferred an STD to you, whether or not you can sue depends on the circumstances. If you need help with your case, it is best to consult a personal-injury lawyer such as Roberts Miceli LLP....

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3 Questions You Shoud Ask Your Attorney After Your 3RD DUI In Florida

Posted by on 6:36 pm in Uncategorized | Comments Off on 3 Questions You Shoud Ask Your Attorney After Your 3RD DUI In Florida

If you have two previous convictions for drinking while driving or similar charges and have recently been arrested for the same charge again, it is essential for you to obtain immediate and qualified legal representation. Unfortunately, the state of Florida is known to take this type of situation very seriously and you could be looking at spending some time in jail or prison. Therefore, before speaking with law enforcement or going to court, you should consider the following tips.  #1-Choose An Attorney Who Can Make Reasonable Estimates As To What Will Happen In Court Although it is very unlikely that any attorney would guarantee that he or she can get you off of all the charges, you may find that some attorneys are less frank about what will happen. For instance, Florida has the right to send you to prison for several years if you are convicted of your third DUI. However, that does not have to happen and an experienced DUI attorney will be able to discuss any plea bargains that you might ask for.     #2-Discuss The Circumstances of Your Previous Convictions One of the more common mistakes that people who have been previously convicted of DUI two or more times often believe is that convictions in other states or that happened many years ago do not count. Unfortunately, that does not tend to be true. Therefore, it is crucial for your attorney to have a of the information for previous arrests and the results of those offenses, so that he or she can provide you with the best defense possible.   #3-Mention All Of The Pertinent Details From This Arrest It can be tempting to omit some of the more embarrassing details from your most recent arrest.However, your attorney will almost definitely have heard it a before and is unlikely to judge you. If you argued with the police, did not have your license with you or declined a breathalyzer test, your attorney needs to know. That information could impact your case, so be as honest as you can when speaking with your possible attorneys. In conclusion, you may find your options in Florida after your third charge of driving under the influence of drugs or alcohol to be quite limited. However, you should apply the above advice about choosing criminal law attorney as soon as you can after your arrest so that you can be sure you have made the best choice you can during this stressful time. If you’re interested, click here for more info about criminal defense...

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FAQs About Receiving Medical Treatment From A Workers’ Comp Claim

Posted by on 5:10 am in Uncategorized | Comments Off on FAQs About Receiving Medical Treatment From A Workers’ Comp Claim

A major part of workers’ compensation is receiving medical care. Ideally, your employer’s insurance company will cover the costs associated with your medical bills. However, this does not always happen. If you were injured on the job and need medical care, here is what you need to know.  Who Chooses the Medical Care Provider? Who has the power to select the medical care provider that treats your injuries depends on your state’s laws. In some states, the insurance company has the right to choose the provider. In others, you have the right. Before seeking out non-emergency medical treatment, contact your state’s Department of Labor (DOL) to determine whether you or the insurance company can make the decision.  What If You Do Not Agree With the Provider Chosen? If the insurance company had the right to choose your provider, it is important that you understand why this might not be in your best interests. The doctor who cares for you helps to determine the nature of your injuries, how serious they are, and whether or not you can work. If the doctor is biased towards the insurance company, you could face problems with your workers’ compensation claim.  If you do not agree with the provider chosen, check with the state’s DOL to determine if you can request a new doctor. If not, you will need to work to ensure that the doctor fairly assesses and reports your injuries.  What Can You Do? One of the ways you can protect your claim is to ensure that the doctor correctly notes the nature of your injuries. You can ask to see the records and request corrections, if necessary.  You also need to be detailed in reporting your injuries. It is not enough to say you are in pain; you need to be specific about the severity of the pain and its location. Provide the doctor with examples of how your pain is impacting your everyday life.  In addition to these measures, avoid speculating about your injuries. If you do not know the answer to a question posed by the doctor, state that you do not know or that you cannot answer the question at that time. If you speculate, you could be an accomplice in the doctor forming the wrong opinion.  To find other ways to protect your claim, consult with a workers’ compensation attorney from a firm like Salley Law Firm PA as soon as possible. The attorney can also help with other aspects of your...

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What To Do When Faced With A Closing Issue

Posted by on 6:09 am in Uncategorized | Comments Off on What To Do When Faced With A Closing Issue

Closing means you’re near the finish line, but unfortunately, just because you’re closing doesn’t mean the deal is sealed. There are a number of frustrating issues that can arise during this process. Even with this being said, make sure you understand that you still have legal rights. When presented with a challenge during closing, make sure you know what to do.   Title Issues Before the deal is complete, the buyer is typically required to perform a title search. The purpose of this is to ensure there aren’t any other owners of the property or that there is not a levy against the property. Once a clean title search is returned, you can obtain title insurance and move one step closer to being a homeowner. However, if your search revealed an issue with the title, you know just how big of a bump in the road this can be, but don’t give up. First, you are entitled to a further investigation. The terms of your deal will determine who is responsible for performing this investigation. The purpose of this is to ensure that there isn’t a clerical or other error that is resulting in an issue with the title search. Secondly, don’t let anyone tell you that the money you put in escrow is lost. Even if the title issue is found to be valid, your funds are protected. Lower Than Expected Appraisal Another part of the closing process is the appraisal. During this process, a professional will assess the value of the home you plan to purchase. The mortgage company will then compare this appraisal to the purchase price. If there is a significant difference, the mortgage company might be unwilling to provide funding for the full purchase price of the home. If you’re already struggling to come up with your portion of the home buying costs, finding out that the bank won’t give you as much money as you originally thought is devastating. You have a legal right to have a second appraisal performed. In some cases, the first appraiser may have been under-qualified or didn’t have all the necessary information to formulate a valid appraisal. If the second appraisal you have performed comes back with a higher value and this information can be validated, you should be in the clear and can continue with the closing process. If you have been faced with a closing issue, a real estate attorney, such as John M. Ogden,  can help you protect your rights and get closer to your dream of owning a...

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How To Know If Bankruptcy Is Right For You

Posted by on 6:58 am in Uncategorized | Comments Off on How To Know If Bankruptcy Is Right For You

There are times when people try to get out of debt on their own but are not successful. If this sounds familiar to you, it might be worthwhile to look into filing for bankruptcy. To begin this process, you should visit a lawyer that specializes in this subject, and he or she will be able to help you find out if this is the right option. When Bankruptcy Is A Good Option While bankruptcy is not always the best way to handle debts, your lawyer might suggest using this option if you owe a large amount of money and do not have enough income to ever repay it. This may also be a better option if your creditors are not willing to settle your debts, or if other methods would not work well for you. Bankruptcy is a good idea if you have mostly unsecured debts, such as credit cards or medical bills, because these debts can be discharged. There are certain debts that cannot be included in this though. Debts that would not qualify include alimony, student loans, child support, and back taxes; however, there are some exceptions to these rules. Bankruptcy is also a good idea if your income is not very high. Before a bankruptcy lawyer will suggest using bankruptcy, he or she will want to see all your financial information. This will include finding out how much income you make and reviewing every single debt you have. From this information, the lawyer will be able to make a recommendation as to what is best for you. The Pros And Cons Of Bankruptcy The benefit of using bankruptcy is that it is instant, but there are a few drawbacks to filing for bankruptcy. The first is that you will have to go to court, and this can be intimidating. You must meet in front of a bankruptcy trustee, and he or she will ask you a lot of questions about your income, assets, and debts. The other drawback is the negative consequences bankruptcy can have on your credit. Before choosing this option, make sure you fully investigate all other debt solutions, because everyone’s situation is slightly different. If you are tired of feeling hopeless because of the debt issues you have, visiting an attorney like those represented at can be a great step to take. This will help you learn about your options, and you can receive professional advice about your unique...

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Making A Fresh Start After Bankruptcy

Posted by on 5:53 am in Uncategorized | Comments Off on Making A Fresh Start After Bankruptcy

For a bankruptcy filing to be truly successful, the entire process should be viewed in the most positive manner possible. For many, the most difficult part of the process is making the decision in the first place. It’s only natural that it be difficult, since most people take their financial responsibilities seriously, but one of the main benefits of a bankruptcy filing is the ability to make a fresh start. Read on for some tips to help ensure that you make the most of an unfortunate situation and go on to achieve your financial goals. 1. Many people are burdened by sudden and unexpected medical bills or a job loss, which can often lead to a bankruptcy filing. Be certain that you are not relying on excuses to help yourself feel better about your financial situation. Once you are able to view your past financial history with an unemotional eye, take stock of how your poor decisions may have led you bankruptcy. You will only be able to move forward toward your financial goals, be it a home or just a healthy savings account, when you understand the importance of putting aside money for emergencies and budget properly. 2. Your credit report is an online report card that shows potential creditors that you can use credit wisely, so keeping a close eye on it and correcting errors in a timely manner is vital. Many online sites exist to provide you with your credit report, but there is only one site that does this free of charge. You are entitled to one free report per year at this site, so review it for errors and especially take note of creditors that should have been included in your bankruptcy. Your federal bankruptcy filing should appear, but any accounts included in the bankruptcy should not be showing up in an arrears status. 3. If you were worried about getting credit cards after your bankruptcy, you will likely be surprised by the influx of offers arriving as soon as your bankruptcy is final. In fact, certain types of creditors use your filing information, which is public information, to target consumers who they deem desperate for credit. These offers typically offer high interest rates and high fee cards, so be sure to scrutinize that fine print before applying. 4. There are several free sites that allow you to monitor your credit score and information about credit inquiries free of charge. You can see an approximate score from Experian, Equifax and TransUnion if you are willing to put up with the ad and offers on these sites. 5. People with bankruptcies in their past can and do qualify for home loans, if enough time has passed from the final disposition. FHA loans are available if you are at least 2 years past bankruptcy and your credit report shows a wise use of credit since the bankruptcy. You can rise above your bankruptcy to attain your financial goals if you understand how your financial situation became so chaotic and you are able to make better decisions in the future. For more information, contact a bankruptcy lawyer, like one at Dunbar &...

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Proving Fault In An Auto Accident: A Primer

Posted by on 4:00 pm in Uncategorized | Comments Off on Proving Fault In An Auto Accident: A Primer

If you wish to prove fault in an auto accident case, there are usually a number of steps and tips of which you must abide. Throughout the course of this brief guide, you will learn a bit about the process of proving fault. Police Report It is imperative that you file a police report as soon as possible. Although in some cases, immediate filing is not an option, especially if there is a medical injury involved, you should attempt to file your report as soon as you are in a state to do so. If a report was filed during an accident, you can retrieve this report by contacting the traffic division of the precinct involved in presiding over the accident. A police report will often times contain remarks by the officer who presided over the case, including whether or not he or she believes one of the parties involved violated a traffic law or is at fault. State Law Deferral to state law is also a great way of proving fault in an auto accident case. It is recommended that you consult the state’s vehicle code via documentation available at your local DMV office. These documents usually have an index in which you can cross reference items that are relevant to your accident, like “right of way,” “speed limits,” and “roadway markings.” If you believe you’ve found a law that will allow you to prove fault and is applicable to your case, copy down its wording and, if possible, statute number and run these possibilities by your local auto accident attorney. No-Doubt Liability There are some cases where there is very little you have to do in order to provide proof of fault. These are considered “no doubt liability” cases, wherein the other party’s insurance provider will usually not even expend the energy to launch a counterclaim. Be aware of these cases. For example, if you were rear-ended in an accident, it is a general rule of thumb that the person whose car was in front (in this case, your’s), is virtually never responsible for the wreck. Another example is left-turn accidents. Those driving vehicles making left turns are almost always considered liable in such cases where an accident occurs. If you have been involved in an auto accident, the best way to go about proving fault is to hire the services of a professional auto accident attorney who can help you with these...

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Examples Of Sexual Harrassment

Posted by on 1:08 pm in Uncategorized | Comments Off on Examples Of Sexual Harrassment

If you have been made to feel uncomfortable in the workplace, you may be wondering whether or not you have a sexual harassment case. You can use some of the examples below to determine whether or not you may be the victim of sexual harassment in the workplace. Examples of things that would be considered sexual harassment You are in the copy room and a coworker comes in and starts telling you a story about them and a person they went home with last night. The story has to do with their sexual encounter and it makes you feel very uncomfortable. You go into your boss’s office and see a calendar hanging on the wall that features people in very sexual positions. You leave the room feeling embarrassed and uneasy. You go to your desk and see a note sitting on top of it. You open the note and it is from a coworker. The note says sexually suggestive things and it makes you feel uncomfortable and uneasy reading it. You walk into the break room to grab your lunch out of the refrigerator and there is already a group of your coworkers sitting at a table. You grab your lunch and sit down, only to hear them telling some very inappropriate jokes about sex. You gather your lunch and decide to eat at your desk, feeling embarrassed. You are standing at the work printer, waiting for your papers to be printed. A coworker comes up behind you and purposefully brushes the length of their body up against your back, slowly moving past you to get to the coffee maker. You lean all the way forward, trying to put an end to the contact and get as far away from them as possible. Examples of things that would not be considered sexual harassment You start working at a company only to find a person you dated a few years ago also works there. They glance at you when you walk by their cubicle and you really think they are having obscene thoughts about you. You wear a new blouse to work and a coworker compliments you on the blouse, telling you their spouse has one just like it and they really like it, and wish their spouse had bought one in the same color you did. They say this in a casual tone, without making eye contact with any specific areas they shouldn’t. You get a new haircut and a coworker tells you they love your new haircut and it really fits the frame of your face. You are standing at the printer and a coworker goes to walk past you and they trip, stumbling into you. They grab onto your shoulder to help keep themselves from falling more into you and apologize. To learn more, contact a legal professional like Davis George...

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What You Should Know About A Revocable Living Trust

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Do you have a lot of valuable assets that you want certain people to inherit after you are deceased? You might want to hire a probate lawyer to draft up a revocable living trust that can come in handy even before death takes place. The article below will give you more information about a revocable living trust so you will gain a better understanding of why it is beneficial. Bypass Probate Court A great benefit about a having a revocable living trust in place is that your beneficiaries will not have to go through the probate process in court. The only way that probate court will become necessary is if someone decides to contest the living trust. As long as no one contests the trust, your assets will be distributed by your trustee upon your death. Being able to avoid probate court can prevent your beneficiaries from having to pay a lot of legal fees out of the assets that were left to them. Plan Ahead for Disabilities That Might Arise A revocable living trust will give you the opportunity to appoint someone over your medical care if you become disabled while you are still alive. He or she will basically step in if you become incompetent and unable to make your own financial and health decisions. The great thing is that the trustee will have to obtain proof of your disability from one or more physicians before he or she is given authority over your care. The trustee will also have the right to manage all of the assets in your trust before death takes place. Upon your death, the trustee will distribute your assets to the rightful beneficiaries. Keep Your Revocable Living Trust Private If you are concerned about the public knowing how you went about distributing your assets, you will benefit from a living trust. Unlike a will, a living trust will not become a public record because it does not have to be filed with a court clerk. Your beneficiaries can benefit from the privacy of a living trust because it can prevent them from facing the torment of jealousy or people asking for money. The only way that the living trust will become a public record is if probate court becomes necessary because of a dispute. Get in touch with a probate lawyer, like Donald B Linsky & Associate Pa, so he or she can create a legal plan that can be beneficial to your medical care and assets later in...

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