Law Firm

Who Has Liability in an Injury Claim?

October 5, 2022 Comments Off

Establishing liability for an accident may seem easy in certain situations. However, in most cases this is not so. This is why you need a good personal injury lawyer for the task. This is essential more to investigate and analyze which entity/entities were responsible for the accident.
How does a certain circumstance affect liability in an injury case? Here are a few examples of personal injury cases in Florida where a particular condition shifts liability from one party to another.
Only when a duty to care exists on the part of an entity, and there is a failure in this duty leading to the injury, does negligence come into play. Suppose you were crossing the road while the red signal was on and a car hits you. The driver had the duty to care, failed to do this and this caused the injury. In this case, liability is on the driver.
Only the part of the damages that were one’s fault is recoverable from them. Suppose the negligent driver who hit you in the previous instance was trying to avoid another car driving recklessly. As per the comparative negligence of Florida, both these drivers have liability; and they pay according to their degree of fault.
Only the degree of responsibility of another is recoverable. Suppose you were busy talking on the mobile phone while you were crossing the road and did not notice that the signal was green. In such a situation, the contributory negligence may diminish the amount of damage recovery possible according to the degree of your responsibility.
Only when a defect in a product injures an individual, liability for the incident shifts to the manufacturer or seller. Suppose the car that hit you had a faulty brake system. According to the strict liability applicable on defective products, the manufacturer or seller of the car or car parts may be liable for your damages.
Different circumstances bestow liability on different entities. To understand which entity is liable for damages in such a case, you need the consultation of a competent Florida personal injury lawyer. Get in touch with a legal practitioner specializing in injury cases if you think you were not at fault for it.
Not delaying this has another reason too. Florida has a statute of limitations that gives you four years to file a personal injury claim. Moreover, it would also affect the evidence available to support your claim.…

Limitations of Prepaid Legal Services You Ought to Know About

October 2, 2022 Comments Off

There are around a dozen providers of prepaid legal service plans. They do provide access to some excellent legal services. But, you should check all their promises to see if you actually need those services. Furthermore, you need to grasp the limits of those services that are included in a prepaid legal plan.
Common to many plans is ready phone access to your lawyer. You may call your attorney about concerns about potential legal difficulties you face and get an expert opinion and recommendations as to how to proceed. If you did not have a family lawyer and had to find an attorney to get your questions resolved you’d most likely never ask a lawyer.
Also standard to most plans are the drafting of a will, the review of common legal documents and writing of standard letters. If you are preparing to buy or sell your house, you could get an expert analysis of the papers because of your prepaid plan. If you were overcharged for an item a letter from your lawyer to the merchant is usually covered.
Often more involved legal situations have limitations spelled out in the plan. If you are involved in a lawsuit the time your lawyer spends that is covered by your plan will probably have limits for both the pre-trial research and the time the attorney spends at trial. Additional time will be billed to you, normally at a discount.
While the cost reduction sounds like a good deal, you probably could ask a few attorneys for their rates for the legal effort you are involved in. Like any commercial relationship, you will get different rates from different attorneys. So, in reality, the reduced rate may not truly be such a great deal.
An additional consideration you should consider is the options you have for your attorney under a prepaid legal plan. You ought to be concerned about the quality of legal effort your attorney will produce and the relationship or rapport you could have with your attorney.
Since the prepaid legal plan is a limited service for a fixed price arrangement, some plan administrators make agreements with recently licensed lawyers who are just getting started. Like any business, your plan administrator often desires to limit costs and may locate the least expensive legal firms to bring into the plan.
Although if you are just interested in having a will set up or reviewing a real estate closing statement, most any lawyer will do. But, attorneys specialize, exactly like surgeons. Consequently, if you require specialized guidance for a business or a child custody case, you should evaluate the attorneys for that specialty before you sign up for a plan. The complicated nature of the law means you will obtain higher quality advice from an expert than from a generalist.
If you decide not to use the prepaid legal plan, your choices of an attorney are wide open. You can select any attorney with whom you can build a relationship of trust. You will give up some benefits of a prepaid legal plan, but you will have an attorney who concentrates in the sphere of law that is most critical to your circumstances.
No matter what choice you make, you can set up some interviews with the lawyers, ask for references from past clients, talk with friends who have made use of that attorney, and check with your local bar association. Get the best attorney you can to receive the most effective results.…

Immigration Information For Employers And Employees

August 28, 2021 Comments Off

US employers have to verify that an foreign national whom they plan to employ or continue to employ in the US is authorized to accept employment in the US.

As an employer, you may need the services of a foreign national to work at your company or business. If the individual is already a lawful permanent resident (green card holder), you may hire that individual, but ensure that you comply with the employment verification requirements.

If the foreign national is not a permanent resident, you are required to file a petition so that the individual may obtain the appropriate immigrant or non immigrant classification. You can file an immigrant petition (permanent) or a non immigrant petition (temporary) on behalf of that employee.

Employees

No foreign national should accept employment in the US unless they have been authorized to do so. Some aliens who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related non immigrant classifications, may have employment authorization. Other aliens may need to apply individually for employment authorization in the US.

There are many ways in which a person may be able to work in the US. You may seek an immigration classification that permits you to live and work in the US permanently or temporarily. In most cases, your US employer or potential US employer must petition for you.

Rights of Employees

It is important that US employers treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9. Note that your employer should not demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability.

Apart from this, your US employer should not refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. The employer should not treat you differently than other applicants because you are a US citizen or non citizen.

In addition, your employer should not limit jobs to US citizens unless US citizenship is required by law or government contract. The employer should not demand a specific document when re-verifying that you are authorized to work. You may present any document to demonstrate that you are still authorized to work.

Your employer must allow you the choice of what documentation to provide. In other words, your employer cannot demand that you provide a US passport or your green card. Another important fact is that your employer should not retaliate against you for contacting the Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, or the Equal Opportunity Commission for assistance or to file a complaint.

The same holds good if you complain about discrimination or otherwise asserting your or another’s rights OR participate in an investigation or lawsuit on behalf of an alleged victim.…

What to Do When You Receive a Summons For Dangerous Driving

August 14, 2021 Comments Off

So you’ve received it through the post, the dreaded summons or notice of prosecution has dropped on to your letterbox. So what will you do now?
When you face prosecution for death by dangerous driving or other driving misdemeanors, any wasted time could be detrimental, so my number 1 tip would be to act fast. I know the temptation is often to bury your head in the sand and hope it goes away, but from experience I know it won’t so be pro active and act now!
Similarly not having the highest quality representation can again leave you facing prosecution, a driving ban, or the prospect of losing your job, so my other big tip would be seek expert legal the right team on your side you can utilize a variety of legal areas including exceptional hardship, which may make the difference between the devastation of prosecution and the freedom to continue your life. In cases of exceptional hardship the Defendant must establish and present the severity and degree of hardship and it is for the Court to assess the severity of the implications and to decide whether that amounts to “hardship which is beyond that normally suffered”.
Even if there is exceptional hardship the Court still has a discretion whether to disqualify or not, but it can be for a reduced period or indeed no period at all. It is therefore imperative that the Court is presented with all relevant facts in an admissible and orderly fashion in readiness for the hearing; this will ensure the best possible chance of receiving a favorable result and will also avoid a lengthy and expensive appeal process.
Whether you need advice on totting up 12 points or advice on driving whilst unfit, it’s always best to seek professional advice, seek it quickly and tell them everything you know and provide all documentation. This allows your solicitor to help as much as they can by being fully informed from the beginning.…

You Can Work Well With an Unreasonable Boss – But Here’s the Trick

March 22, 2021 Comments Off

Actually, tricks would be more accurate for a boss that is that unreasonable. Following are some tips that will be very helpful to you in your daily communications with that unreasonable boss.
Most of us have had to deal with a problematic boss at one time or another in our work life. It can be tremendously annoying, and frustrating, for any employee who is just trying to do their job properly to have to deal with such a superior at work. Such a person can make work virtually unbearable.
The daily tipping point is usually when the employee has to personally interact with that overbearing and unreasonable boss. And it is especially worse, when the discussion involves a sensitive subject.
There are some tips, or tricks, that will probably work if you act accordingly:
1) Whatever you do, do not get cocky. This could be difficult, but very important not to do. Do not let your confidence, which is basically a good thing, overflow into a cocky attitude. That could just ignite an outburst from him or her.
2) Conversely, if you appear to be easily submissive or meek, you’re setting yourself up to be bullied. Concerning this, and #1 above, act confident and competent just enough. That should do it.
3) Be polite. That goes without saying, regardless of your voice and personality. Just be polite, show respect, but without much more. The last thing you want to give that unreasonable boss of yours is ammunition to use against you.
4) This is very important to remember when in a conversation with a particularly difficult boss. That is, the way that you raise your statements, the points that you raise. If you are discussing a particularly sensitive subject, such as relations between management and employees, try best to get your thoughts across without politicizing the subject or making a snide remarks. Again, you would be asking for trouble.
Bluntness would probably not be appreciated. That could be a problem with close friends even; with that unreasonable boss, that is obviously just another way to unintentionally set him off. You must be very patient, as unreasonable as that is to you. Remember, you’re not dealing with a reasonable human being; and, unfortunately, they are your boss.
5) there are limits, even when dealing with a very unreasonable boss concerning your self respect. He or she is not the boss of your entire life; hopefully for no more than eight hours a day, five days a week. By showing you have a strong backbone, without getting in their face, but rather remaining so-called calm, cool, and collected, you probably do just fine, and leave that day in a relatively good state of mind.
If you are having problems with a bullying boss at work, the Undercover Lawyer can help! Check him out here.…

Business Litigation Tips For Your Company

June 6, 2019 Comments Off

Business litigation for your company is needed because you never know when someone could attack your business. You should ask for a business litigation colorado office to help you any time you have been attacked by other companies, you need to sue someone who is infringing on your copyright, and you want to challenge a loss in court. Your lawyer should be hired on retainer so that you do not need to hire someone full-time for the office. Use the tips in this article to get your business litigation issues handled faster.

1. When You Receive Letters

You could receive a letter from another company or lawyer that requires a response, but you should never contact these people on your own. Send these letters to your lawyer, ask them how they could help you handle these problems, or allow your lawyer to do all the work for you.

2. Copyright Infringement

Copyright infringement happens more often than you think, and you must be certain that other companies are not styling from you. Contact an attorney the moment that you realize someone is stealing your intellectual property. Never allow these thieves to get away with the crime for too long, and let your attorney send them a cease and desist letter. Most companies will stop what they are doing right away, and you will not have any issue with them again.

3. Employee Crimes

You might need a lawyer who can defend your company against crimes that your employees have committed. You do not want to be implicated in these cases, but you cannot defend yourself if you do not have a lawyer who will represent you. Make certain that you have a lawyer on retainer who will answer your call the moment something goes wrong. In fact, your lawyer can solve most of your problems in a short period of time because they know how to find the facts of the case.

4. What Is A Retainer Fee?

A retainer fee needs to be paid to the lawyer you have chosen. The retainer fee makes you their client, and they have money to use to do any work that might be needed. The retainer fee means that your lawyer will answer the phone the second you call, and they will come to represent you no matter where you are. This is a good relationship to have, and it would be wise to keep the same lawyer on retainer for years. The lawyer gets to know you, gets to know your company, and offers better advice because they understand where you are coming from.

5. Conclusion

Business litigation can be terrifying when you think that someone is trying to take your company away from you. However, you can avoid litigation if you have a lawyer who knows how to manage these cases without any fanfare. The best lawyer is the one who will take over when you need help, always answers the phone, and gives you advice when you are facing a court case.…

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