Virtual Visitation

Personal Injury Lawyer

Parents can now use virtual visitation as a part of the custody agreement to keep in touch with their child. Virtual visitation includes using phones, laptops, tablets, or desktop computers for communication between parent and child through emails, video mail, texting, video conferencing or any other type of video chat applications. The terms need to be detailed in the child custody order so that both parents and child understand and agree to the terms.

The noncustodial parent is usually the one who requests the ability to use virtual visitation either because they are traveling out of town or perhaps they want to relocate to another state. Fathers that are not married to the child’s mother may also request to use virtual visitation as a way to maintain a relationship with their child.

Laws Concerning Virtual Visitation

Many states already have laws in place letting the court order electronic or online visitation regarding custody matters. Other states are in the process of following suit.

Virtual visitation is not meant to replace one-on-one time spent together with parent/child. It is an additional way to spend more time with each other when the face-to-face time is not possible. The laws specify the parent:

  • Encourage and allow virtual visitation
  • Accommodate the virtual visits
  • Allow the parent/child virtual visits to be uncensored and private if requested

If the court deems that these visits are in the best interests of the child, they will likely agree to allow virtual visitation as a part of the child custody agreement. However, if regular visitation was not a part of the custody agreement, virtual visitation will not be granted either.

Benefits of Virtual Visitation

Because of the advancements in technology that allow virtual visitation to be so easily and efficiently accomplished, children of divorced parents are able to spend more time with the noncustodial parent and can, therefore, become more involved in the day to day activities of their child. Virtual visitation can be used to:

  • Work with the child on homework or projects
  • Read their child a bedtime story
  • Because the parent and child can see each other, they can better understand their emotions
  • The child can show their parent school papers or awards, lost teeth, etc.
  • The child and parent can share events and/or pictures on social media
  • The parent can be virtually present during music recitals, sporting events, plays, etc.
  • Texting can keep parent/child current with daily events and activities

Negatives to Virtual Visitation

There are some who believe because virtual visitation is so easy and convenient, it may serve to replace in-person visitation or even encourage the noncustodial spouse to move out of the area when normally, without the virtual visitation, they would choose to stay where they could have personal visits with their child.

Contact an Attorney

A family lawyer in Midtown, New York with experience in child custody law can explain the laws concerning virtual visitation in your state. In addition to the noncustodial parent benefitting from being able to keep in touch virtually with their child, grandparents and extended family may be able to participate in virtual visitation as well.

 


 

Thanks to Okun, Oddo & Babat, P.C. for their insight into family law and virtual visitation.

Filing a Wrongful Death Lawsuit

Wrongful Death Attorney

The death of a family member is never easy, but when their death is due to the negligence or recklessness of another party, their family’s grief can be overwhelming. According to national statistics, the fourth leading cause of death in the United States is from unintentional injuries. In these cases, State law allows the family to file a wrongful death lawsuit against that at-fault party in order to seek damages for the financial and emotional losses the victim’s death has had on the family.

Wrongful Death Lawsuit

Under tort laws, survivors of victims who are killed as a result of another party or party’s behavior or actions can pursue a wrongful death lawsuit against that party if those behaviors or actions were negligent, reckless, due to misconduct, or intentional. Some of the more common wrongful death actions that our firm has successfully represented families include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Medical malpractice
  • Premises liability
  • Product liability
  • Work-related deaths

A wrongful death lawsuit can be filed even if there have been no criminal charges filed against the at-fault party. A lawsuit is handled in civil court, not criminal court, so the two actions are entirely separate. If there are criminal charges pending, it is important to not wait until that case has been resolved because there is a statute of limitations for how long survivors have to file their lawsuit. A wrongful death attorney can determine what the time limit is in your situation.

Many state laws only allow certain family members or representatives from victims’ estates to file wrongful death lawsuits. An attorney can also determine who in your family is entitled to pursue a wrongful death claim for your loved one’s death.

Elements of a Wrongful Death Lawsuit

In order to be successful in a lawsuit, a wrongful death attorney will need to prove three elements to the jury:

  • The at-fault party owed a duty of care to the victim. For example, if the cause of death was an alcohol-related car crash, the at-fault driver had a legal duty to all other drivers on the road to obey your state’s traffic laws.
  • The at-fault party breached that duty. When the driver got behind the wheel of their car drunk, the were breaking drunk driving laws, breaching their duty of care to other drivers.
  • The at-fault party’s breach of duty caused the victim’s death.

Contact a Wrongful Death Attorney for Assistance

At a law firm, they understand that no amount of money will ever make up for the loss of a loved one. They also understand that not only do these tragic deaths have a terrible financial impact on a victim’s family, but often, wrongful death lawsuits are the only way families ever get any kind of justice. Contact a personal injury lawyer in Harrisonburg, VA to set up a consultation to find out how they can help.

 


 

Thanks to MartinWren, P.C. for their insight into personal injury claims and wrongful death dui to DUI accidents.

What to Do After a Potential Brain Injury

Personal Injury Attorneys

Let’s say you are out having a fun time, participating in recreational sports, or simply going about your day running errands — perhaps the last thing on your mind is whether you may suffer from a brain injury. However, accidents can happen and the unexpected may unfold before you have a chance to react. If you hit your head or suffered blunt force trauma, it is important that you get medical attention immediately. After you have received care from a medical professional, we suggest consulting with an attorney, especially if you believe another person was responsible for your accident.

Victims of brain injury accidents may endure new financial hardships, physical challenges, and mental disabilities due to the brain injury. We encourage victims to reach out to us for legal representation. What you may not know, is that you could be entitled to substantial financial restitution from the party who caused your brain injury accident.

The Moments After a Brain Injury Accident

If you think you may have suffered from a brain injury, it is vital that you seek medical care promptly. Under no circumstances should you wait to see if is gets better on its own. Only the most mild cases of brain injuries may only require rest and not much else. To ensure you haven’t sustained something more serious, we highly recommend seeing a doctor as quickly as possible. How fast you respond may make the difference between a full recovery or living a life of impairments.

  1. Sit down in a place that you feel stable and safe
  2. Call 911 or have someone you are with call for assistance
  3. Apply gentle touch to your scalp, to feel for blood or wounds
  4. Apply a cloth and pressure to any wounds, to help stop bleeding
  5. Identify your symptoms (dizziness, nausea, headaches, etc.) and share this with the medical team when the ambulance arrives
  6. Once you are of stable health and receive treatment, write down what happened to the best of your recollection
  7. Meet with a legal professional if you believe someone had contributed to your accident happening, whether due to negligence or intent

Prepare for a Brain Injury Lawsuit

After the brain injury accident, you can meet with an attorney to find out if you have a strong foundation for a lawsuit against the responsible person or party. By taking legal action it can help prevent you from draining your bank account in order to pay for brain injury treatments, which can be particularly expensive. Victims of brain injury accidents can receive compensation for:

  • Property damage
  • Decreased earning capacity
  • Pain and suffering
  • Rehabilitation
  • Medical treatments
  • Hospital bills

An attorney can talk with you further about the injury accident, and help investigate who may have been at-fault. A brain injury lawyer in Fort Lauderdale, FL will be on your side the entire way through, and can imagine the anguish you may have endured thus far. Please call for a free consultation, before even more money comes straight out of your pocket for someone else’s wrongdoing or carelessness.

 


 

Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and what to do after a brain injury.

How to Narrow Down the Wedding Venue For You

Personal Injury Lawyer

Every couple is different. Some couples may be quirky and outgoing, while others are more traditional and reserved. When choosing your wedding reception venues in Glendale, CA, it is important to pick a spot that really showcases who you are as a dynamic duo. Those who need help finding the right property for them, can benefit from meeting with a consultant. We have a location that can offer a setting for various types of couples. Whether you want something small and intimate or a big party, they will do their best to meet your needs!

One of the toughest parts about wedding venue searching, is narrowing down the perfect wedding venue location for you and your significant other. There are so many options out there, that you may be flooded with choices. Here in the article to follow, we have aimed to help make this decision easier for you, by offering tips on how to figure out which location is the one.

#1 Excellent Customer Service

A team of venue consultants should take pride in helping their soon-to-wed clients with their wedding day needs. It is critical that you hire venue staff that truly enjoys what they do. If you take a tour with a venue representative and are made to feel as though you are asking for too much, this may only reflect inflexibility on their side. Venue staff that are grumpy, rude or outright mean may only put a sour mood on your celebration.

#2 Meets Budgetary Needs

If you overindulge on a wedding venue, you may end up with less money for other things like photography, decorations, food, the dress and even honeymoon! Most venues offer multiple pricing packages that can hopefully meet your budgetary needs.  

#3 Can Hold Your Number of Guests

Before putting down a payment to book a venue, make sure it can hold all of the guests you plan to invite to your wedding. It can be devastating to find out later on that you have surpassed the venue guest limit. This may mean you lose out on your deposit by having to cancel, and then have to find another wedding venue altogether.

#4 Remember What This is All About

In the moments you feel overwhelmed with the stress of decision-making for your wedding day, remember why you wanted to plan this party in the first place. Weddings can be a great way to celebrate the love you two share with friends and family. Try not to get caught up in the details. Not every single thing about your wedding day may go as planned, but that can be the beauty of it! Your guests are way more likely to remember if they had a good time or not, not whether all of your decorations were perfectly placed.

 


 

Thanks to Metropol for their insight into wedding venues and how to narrow down your list.

Nursing Home Settlement Process

Best Nursing Home Abuse Lawyer

A nursing home lawsuit is a daunting process if you haven’t gone through it before. What most people want to know is how long it takes to get a settlement. The truth is that there is no set answer. The time varies for a variety of factors.

Case Evaluation

This is the initial investigation to see if the case is worth taking off. Normally, this involved a consultation and an investigation of the claim. Usually, an attorney who has experience in nursing home facilities will look into the initial details of the case.

Claim Investigation

Once an attorney takes on a case, he or she will do a more in-depth investigation. This will determine the mistakes made and what to do next in terms of the case. The investigation process often involves gathering records and documents. Since this is a time-consuming process, it can take some time to finish. An expert will overlook the case to see if you have a case. Often, the lawyer will need to see if there was any medical negligence or malpractice.

Notice of Claim

Attorneys send a Notice of Claim or NOC to all potential defendants. This letter notifies each defendant of the injury and of the plaintiff’s intent to file a lawsuit. The NOC needs to be sent at least sixty days before any lawsuit is filed.

Lawsuit

After the NOC, your lawyer will file a lawsuit. If you plan to settle the dispute through arbitration, then the attorney may file the case directly with an arbitration service. This process differs from the traditional litigation process. The attorney, of course, will explain the differences to his or her client when it comes to litigation versus arbitration. A defendant has a month to file an answer with the court.

Settlement Negotiation

Most cases are settled through settlement negotiations. Often, during a settlement negotiation, the plaintiff will make an initial demand. The defendant will either ignore the demand or offer different value. The plaintiff will either accept, reject or counter that offer. In some cases, it will be over in a few days. In other cases, the settlement process could take weeks or months. If the parties cannot come to an agreement, then the case will go to court. The trial itself may take days to weeks to settle.

When it comes to nursing home settlements, the process may be long. There is no set time for how long the case will take. From case evaluation to a settlement negotiation or trial, it can take a lot of time. In fact, the settlement negotiation, lawsuit, and NOC can take months to complete. Talk to the best nursing home abuse lawyer in Philadelphia about your options today.

Thanks to Wieand Law Firm for their insight into nursing home abuse and the settlement process.

I Work from Home – Can I Get Workers Compensation?

Workers Comp Lawyer

Thanks in part to technology, the modern workday no longer necessarily involves a physical commute. In fact, it’s estimated over 3.7 million employees will work from home this year, a number that has more than doubled in the past decade. While telecommuting reduces the risks associated with getting on the road, it doesn’t mean injuries can’t happen. When they do, many telecommuters are left worrying if they are eligible for the same workers’ compensation as their on-site counterparts. Educating yourself on how workers compensation applies to telecommuters can ensure that you’re treated fairly if or when the worst occurs.

You Have Rights

The good news is that working from home doesn’t mean you give up your rights to compensation should you be injured while working. Much of your outcome will depend on the specifics of your case, but the odds are increasingly in favor of telecommuters. While many rules surrounding workers compensation vary greatly from state to state, in general, workers compensation programs have to accept claims for injuries that happen in the scope of work. That is not limited to where the injuries happen. This means you could receive benefits if you:

  • Slipped and fell in your home performing a work task
  • Developed carpal tunnel syndrome related to prolonged desk work

or suffered any number of injuries at home. As is the case with an on-site worker, an at-home employee faces the burden linking their injuries to the work they were doing.

Understanding Limitations

Whether injuries occurred at home or in the office, any related workers compensation claim is subject to statutes of limitations. That means workers have a limited amount of time to both notify their employer of their injury either verbally or in writing, and to file the claim. The deadlines can vary greatly from state to state, with some stretching past four years. When the clock starts ticking can also be very different in each state, so it’s a good idea to talk to an attorney as soon as you think you might be eligible for compensation.

More and more people are trading in a morning commute for a seat in their home office. And as technology advances, yet more workers are expected to take advantage of the convenience of telecommuting. States are recognizing this and acknowledging that working from your home doesn’t make you less of an employee and doesn’t mean you forfeit your rights. Talk to a knowledgeable workers comp lawyer in Milwaukee, WI today and learn more about your workers’ compensation eligibility.

Thanks to Hickey & Turim, SC for their insight into workers compensation claims for employees who work from home.

How Do I Prepare to Testify as an Expert Witness?

Corporate Court Reporting Services

Preparing to testify as an expert witness can be a daunting prospect. After all, the weight of expert testimony frequently helps to determine the outcome of a case. Whether you are testifying in a criminal case, a personal injury matter, a corporate dispute or a family legal situation, it is important to take your contribution to the proceedings seriously. Your sworn testimony may significantly alter the course of one life or many. It is therefore important to be prepared.

Understanding the Basics

You may be asked to testify in a trial setting or you may be asked to give a deposition in less formal surroundings. However, it is important to note that in either scenario your testimony will be given under the pains and penalties of perjury. Whether you are sitting in a courtroom witness box or simply sitting across the table from multiple attorneys, your testimony will be given under oath. It must be executed truthfully, completely and with appropriate acknowledgment of any context or nuance that will help to clarify your meaning.

In addition, your testimony will almost certainly be noted by a court reporter. A court reporter helps to ensure that every word spoken in a formal proceeding is taken down accurately and completely. This service helps to ensure a full record of each case and provides a reference for those involved. If a judge, attorney or juror has a question about what you said in response to a question, they will refer to the notes taken by the court reporter.

Being an Effective Witness

As an expert witness, your duty is not to take sides but to explain your credentials and answer questions to the best of your ability. Your expert testimony will be weighed in context by attorneys for both sides when they present their overall cases to a judge and/or jury.

One of the most challenging practical issues associated with being an expert witness involves answering questions in a specific way. In general, it is important to answer the question asked and to keep your answer relevant to that inquiry alone. In general, an attorney for the opposing side will speak up if he or she believes you are not being allowed to answer a question completely or in context, so you shouldn’t worry too much if a question does not seem “right” to you. However, it will help to speak with the attorney who has called you to testify before the hearing begins. Knowing what areas of your expertise are particularly relevant to the case at hand can be helpful when framing your answers.

Answers to Additional Questions

If you have questions about testifying as an expert witness, corporate court reporting services, testifying under oath or legal cases generally, please do not hesitate to connect with an experienced attorney. Consulting with an attorney will allow you the peace of mind that tends to accompany having your questions answered and having access to necessary legal support and experience. Sometimes it just makes good sense to connect with a professional who is intimately familiar with a situation you may be apprehensive about attempting to navigate.

Thanks to Veritext for their insight into court reporting and preparing to testify as an expert witness.

Examples of Workplace Injuries

Workers Comp Attorney

Workers compensation is a benefit most people have but few take advantage of. How do you know if you have workers compensation? Well, if the company you work for has more than five employees, then legally they have to provide you with workers compensation. And even though most people have access to workers compensation, many do not utilize it. This is for a variety of reasons, but one of the main reasons being that people are not sure if their injury classifies as an injury that would be covered by workers compensation. In this post, we’ll discuss what workers compensation is and what types of injuries or situations qualify.

What is workers compensation?

First, let’s define workers compensation. Workers compensation is a form of insurance that your employer purchases. This insurance covers any medical bills or lost wages experienced as a result of a workplace injury. A workplace injury is when an injury occurs while you are performing the functions of your job. This includes the physical location of your office or at an off-site company hosted event. As mentioned, legally speaking employers who have over five people working for them have to offer their employees workers compensation.

Example of workplace injuries

So now that we know what workers compensation is, let’s discuss some common examples of workplace injuries.

You work at a distribution center operating a forklift. One day, the forklift malfunctions and you end up breaking your leg. You are out of work for at least six weeks and are facing hospital bills. You are the breadwinner in your family so it’s extremely important for you to be able to bring home your paycheck every week.

In this example, your workers compensation claim would ensure that you do not miss any week of wages as well as cover the expensive trip to the emergency room.

You are walking into work one morning on a cold, winter day. An ice storm had passed through the night before leaving all the sidewalks and parking lots covered in a thin layer of ice. The maintenance crews at your office have salted as much as they could, but inevitably miss the spot that is right in front of where you parked your car. You slip on the ice and hit your head on the pavement. As a result, you go see the doctor, are diagnosed with a mild concussion and are forced to miss a week of work.

In this example, you would file a workers compensation claim in order to recover the cost of the medical bills, prescriptions and time off of work. As you can see, workers compensation claim do not just apply to “dangerous” jobs. They can also apply to someone who works at an office.

When in doubt, ask someone

If you are injured at work or at a workplace function and are not sure if your injury qualifies, be sure to ask a Nassau County workers comp attorney. They can help you file a claim and advise you on whether or not you need legal help to deal with your claim.

Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and examples of work injuries.

DUI Law FAQ: Do I have the right to talk with a lawyer during field sobriety testing?

DWI Attorney

Have you been arrested and charged with a DUI? If so, you may want to talk with a DUI lawyer who can advise you of your legal rights and options. What you should understand right now is that these cases tend to be processed rather quickly through the court system. The longer you wait to retain the services of a private DUI lawyer, the more you might lose.

Can I call a DUI lawyer if I have been pulled over and am being asked to take a field sobriety test?

If you have been pulled over for any reason, and the police officer believes you could be under the influence, he or she may ask that you take a field sobriety test. This could include a one-leg stand test, walk and turn test, horizontal gaze nystagmus test, and a breathalyzer test.

Techincally you have the right to refuse participating in any of these tests. However, if you do refuse, there is a very good chance that you will be arrested and taken to the police station. Depending on the state you are in, if you refuse field sobriety testing, and the police officer believed you were under the influence, your denial might be enough to charge you with a DUI. In other states or situations, you may have to undergo a mandatory blood test. Only after you have been charged with a DUI can you call a DUI lawyer for help.

In between you being pulled over, questioned about field sobriety testing, and arrested you do not have the right to an attorney. That being said, you do have the right to remain silent. You don’t have to give any information to the police apart from your name.

If you are intoxicated, and you are being arrested under suspicion of a DUI, it may be in your best interest to remain silent and call a private DUI lawyer for help.

Call a Lawyer Today

DUIs are not an offense to take lightly. Thinking they are a “simple” offense or something you can ignore is not a good idea. Apart from the fines and fees, probation, jail time, loss of a license, and other penalties, the long term repercussions can affect your job, where you live, your ability take out a loan, your insurance, and more. Regardless of whether this is your first or fourth DUI, you should talk with a DWI attorney Washington, DC trusts as soon as possible.

Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and field sobriety tests.

How to Get the Injury Care and Settlement You Deserve After an Auto Accident

Car Crash Treatment

An auto accident that resulted from another driver’s reckless actions can be anywhere from mildly annoying to all-out frustrating and overwhelming. If you’ve been an auto accident and were hit by another driver, you shouldn’t be responsible for paying for the damages that result from the crash or for any of the care needed in the aftermath of the accident.

If you suffered injuries that require acute or long-term treatment, those expenses shouldn’t be your financial responsibility. However, if you’re not careful, an insurance company could take advantage of you, and leave you to foot the bill for your injuries and damages.

You can optimize your chances of getting full compensation by following these recommendations.

Contact the Police and Get Documentation

No matter how minor or severe the accident, it is in your best interests to contact the police as soon as possible. Even if the driver that caused the wreck apologized, shared insurance information, and admitted fault, you need to have the authority’s documentation. An insurance company might be able to dispute who was responsible for the accident if there was no police report documenting the details.

A police report should have the details of the accident and the other driver’s personal and insurance information. Additionally, police officers on the scene may ticket the reckless driver. A ticket, along with the police report, will be solid proof that you were the victim or injured party in the crash.

You may also wish to do your own documentation, such as taking pictures with your phone. Photographic evidence of damages can provide further proof that you did not cause the accident. While you’re still at the accident scene, collect as much evidence as you can.

When you see a chiropractor for evaluation and treatment, talk with your insurance company, or hire a personal injury lawyer, this documentation can provide a foundation for building your case.

See a Chiropractor Immediately

Medical evaluation after a motor vehicle accident is essential. If your injuries are severe, you may need to go to the emergency room or be taken there by an ambulance. Injuries that are less severe can be handled by a doctor of chiropractic care.

Many chiropractors are experienced in evaluating and treating the injuries that happen as a result of an auto accident. Chiropractors treat injuries to the musculoskeletal system, the system of the body consisting of the skeleton and the musculature surrounding it.

Chiropractors use spinal adjustments to restore alignment and function to the spine so that your body functions optimally. They may also use other complementary treatments as part of a comprehensive plan.

Not only do chiropractic physicians and their team treat your pain symptoms and injuries, but they also keep detailed records of your treatment and progress. They also work with insurance companies and personal injury lawyers to make sure you get the financial compensation you deserve for your injuries and medical bills.

If you have been injured in an auto accident and need car crash treatment Baltimore, MD offers, call a chiropractor to set up an injury consultation.

Thank you to our friends and contributors at Mid Atlantic Spinal Rehab & Chiropractic for their insight into chiropractic care for auto accidents.