Pro Law Guide: Blog Pro Law Guide: Blog https://www.prolawguide.com/blog/ Copyright by Pro Law Guide en Pro Law Guide Sun, 29 Nov 2020 09:33:51 -0500 What is and what isn’t a work injury: Learn the difference, be compensated When a worker is injured or becomes ill on the job, in the vast majority of cases, this would qualify for workers' compensation, and the worker would be entitled to receive benefits to cover his/her medical expenses, lost wages, etc. However, there are some situations in which an incident may not qualify for workers' compensation, and in these cases, the worker won't receive any compensation and will have to bear the expenses on his own.

Therefore, after suffering an injury that may or may not be covered by workers' compensation, you should know the difference between what qualifies as a work injury and what does not.

Nevertheless, if you want to make sure that you qualify for workers' compensation, and would like professional help to receive the maximum compensation possible, it may be a good idea to work with one of the best workers' compensation law firms in Los Angeles, C&B Law Group.

The team at C&B Law Group is available 24/7, and they offer completely free initial consultations. If you want to know the value of your case in minutes, contact them as soon as you can.

What qualifies as a work injury?

To put it simply, a work injury is one that has occurred as a result of any type of work-related activity, in other words, any incident you suffered while doing something on behalf of your employer, or during your work. For example, most injuries that occur on the job site, whether it is an office, a store, a construction site, etc., are categorized as work-related injuries, and therefore the injured worker will have the right to apply for workers' compensation benefits.

However, work injuries are not limited to the workplace. If, for example, you are injured while working while driving a company-owned vehicle, your injuries would also be covered by workers' compensation.

Also, occupational diseases often go unnoticed. If you come into contact with a contagious disease while on the job, you are also entitled to workers' compensation to pay for the medical expenses that this entails. This is especially common in health care workers, such as doctors, nurses, paramedics, etc.

On the other hand, some injuries develop over time, such as repetitive stress injuries. These usually occur when the worker performs the same activity on a daily basis. One of its most common forms is carpal tunnel syndrome.

What isn’t a work injury?

However, certain injuries don’t qualify as work injuries, and this is due to a variety of factors, including whether you were acting on behalf of your employer (or within your work activities) at the time of the injury, whether you were under the influence of alcohol or other drugs, or even whether the injury was the result of some type of misconduct on your part.

For example, if you are injured in a restaurant during your lunch break, technically the injury occurred within working hours, but would not be covered by workers' compensation. However, if you are injured in your company's cafeteria, you may be able to apply for workers' compensation.

Yet, if you are injured during your working hours (and even at your workplace) while NOT doing your job, or doing something not approved by your employer, you might lose your right to be compensated. Also, if you were under the influence of alcohol or other drugs at the time of your injury, you will certainly not receive compensation.

Finally, if you were injured as a result of misconduct, such as a fight caused by you or breaking a workplace rule on purpose, or even if you were trying to hurt yourself in some way, your injury won't qualify as a work injury and you will have to deal with the expenses on your own.

What to do to be compensated?

Do you want to make sure your injury qualifies as a work injury? Do you want to receive the compensation you deserve? Then you should work with one of the best workers' compensation law firms in Los Angeles.

C&B Law Group is a Los Angeles workers' compensation law firm that has helped thousands of clients receive the money they needed to take back control of their lives, and you can be next. Call them now to find out the value of your case in minutes.

Click here to find out more

https://cblawgroup.com/practice-areas/workers-compensation/

Legal Facts

If you are looking for a workers' compensation lawyer near you, you can find one at Legal Facts. Also, in Legal Facts, you will find easy-to-read and easy-to-understand content related to all kinds of legal issues that will help you understand the law in a matter of minutes. The Legal Facts network of lawyers is always ready to help you.

If you are a lawyer looking to expand your legal practice, Legal Facts can help you grow your business with legal leads.

Click here for legal lead generation services

https://legalfacts.org/law-firm-marketing/legal-lead-generation-services/

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Uncategorized https://www.prolawguide.com/blog/what-is-and-what-isnt-a-work-injury-learn-the-difference-be-compensated/ https://www.prolawguide.com/blog/what-is-and-what-isnt-a-work-injury-learn-the-difference-be-compensated/ Editor Wed, 25 Nov 2020 01:02:49 -0500
How To Protect Yourself From Sports Injuries

Prevention is better than cure, as the old saying goes. If you’re an athlete in any sport, you’ve probably wondered, at some point or another, what would happen if you were to get injured? How would this affect your performance in your sport? And what about other aspects of your life? Or maybe you’ve already experienced this pain, literally and metaphorically, and want to avoid it happening again.

Here are our top tips on protecting yourself from sports injuries.

Warm Up and Cool Down

Every good athlete knows, and every quality trainer instructs, that a really good warm-up is essential to getting your body ready (literally warmed up) for any physical activity. This will help your blood circulate, get your muscle fibres ready to fire, and improve your workout. 

Lately, the idea of priming has become increasingly popular in the fitness community, but can also be applied to those involved in team sports. Priming specific muscle groups (i.e. the ones you’ll be challenging the most in the activity to come) in your warm-up, by doing exercises that target those muscle groups typically with light weights or bodyweight, will prevent the majority of injuries and improve your performance!

Get Enough Sleep

Recent studies point to a higher chance of getting injured in sports after a night of “bad” sleep, meaning less than 6 hours of uninterrupted sleep. Some even go so far as to conclude that lack of sleep was the leading cause of sports injuries, even more than training.

Sleep deprivation impairs motor accuracy as well and can cause your performance to suffer. And when one wrong move might be enough for you to pull a muscle, you might want to think again about when you go to bed the night before a training session.

Take Care of Your Nutrition

Being deficient in certain vitamins and minerals, as well as low protein intake, has been shown to raise the chances of sports injuries. So, make sure you’re eating an adequate amount of protein for your activity levels, and other biological factors. When it comes to vitamins and minerals, calcium and Vitamin D are the most important, whereas magnesium can prevent muscle spasms, and therefore decrease the chance of injuries. Finally, and perhaps even more importantly on a daily basis, stay hydrated!

What if I Do Get Injured?

In the off chance that you do get injured, which is something we definitely don’t wish for you, know there are things that you can do to help the recovery process. Adequate protein and carbohydrate intake are important for maintaining muscle mass and will help you heal faster. Adequate sleep is, again, crucial. 

But what if your injury is more serious and you need additional care such as rehabilitation or physiotherapy? It’s important to have support in such cases. This may mean legal support from an experienced legal firm specializing in sports law such as MJW Law, or the moral support of your fellow teammates, family, and friends.

Either way, we hope it won’t come to this and that you’ll be able to receive that support while they’re cheering you on during your matches, meets, and competitions! 

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Uncategorized https://www.prolawguide.com/blog/how-to-protect-yourself-from-sports-injuries/ https://www.prolawguide.com/blog/how-to-protect-yourself-from-sports-injuries/ Editor Tue, 20 Oct 2020 09:53:47 -0400
Avoiding Aggressive Driving and Its Effects on Your Health You’re running late and hit traffic or get caught behind a slow driver. Feelings of impatience start to grow, and you consider illegally passing a driver or following closer to get them to move over. It’s happened to the best of us on the road, though research indicates that becoming aggressive behind the wheel can put your health and safety in danger. 

If you or a loved one has been injured into a traffic accident, it is imperative to reach out to an experienced lawyer like Blair & Ramirez LLP, a car accident lawyer in Los Angeles, California.

Millions of drivers admit to aggressive driving, including:

  • 104 million admit to tailgating
  • 95 million admit to yelling at other drivers
  • 91 million admit to honking due to annoyance or anger
  • 67 million admit to making angry gestures
  • 49 million admit to blocking other drivers from changing lanes
  • 24 million admit to intentionally cutting off someone else
  • 7.6 million admit to getting out of the car to start a confrontation
  • 5.7 million admit to intentionally hitting another car

All aggressive drivers risk getting into an accident, which clearly puts their safety at risk. Also, studies show that aggressive driving can impact your overall health - even if you don’t get into a crash. Such stress behind the wheel can lead to:

  • High blood pressure
  • Stress and anxiety 
  • Heart disease

Many injuries and health issues can occur because people lose their temper behind the wheel, and all of these risks are avoidable if a driver takes steps to prevent aggressive driving. 

How Defensive Driving Can Help

Aggressive drivers feed off one another. If one driver honks unnecessarily at someone else, the other driver might make an offensive gesture or yell back. This increases the stress and aggression of both drivers. On the other hand, drivers who are kinder and considerate of others can encourage their fellow drivers also to stay calm and put safety first. 

Defensive driving is a skill that goes a long way when it comes to preventing aggression on the road. While it’s very important for all new teen drivers to learn the secrets of defensive driving, these skills can benefit drivers of any age, as well - especially if you realize you’re becoming more and more impatient or aggressive on the road. 

The following are some important defensive driving skills that can help keep you safer and healthy:

  • Always put safety first, which can help to avoid aggression.
  • Stay alert and aware of your surroundings.
  • If someone seems like they are aggressive, move out of their way and give them plenty of space.
  • Never confront or agitate another driver, even if they did something wrong. Instead, let it go to keep yourself safe.
  • Be aware of the actions of other drivers, and never assume they will make the safe choice.
  • Follow the speed limit and always follow at a safe distance, even in traffic.

It can be difficult for many of us to stay this patient and aware on the road. Sometimes, the easier choice is to react in an aggressive manner.

Taking a course from our defensive driving school can help to train your mind to remain calm and alert. By practicing defensive driving with a trained instructor and learning about the many benefits, you can keep calm and hopefully keep yourself safe and healthier - even when you are faced with a stressful situation!

About the author: Olivia Parker is the legal writer and communication specialist at Blair & Ramirez, LLP, a personal injury law firm in Los Angeles. Olivia has been working in the legal industry for seven years and enjoys researching and writing articles that spread the word about the dangers of aggressive driving. When not in the office, she enjoys taking long beach walks with her dog.

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Uncategorized https://www.prolawguide.com/blog/avoiding-aggressive-driving-and-its-effects-on-your-health/ https://www.prolawguide.com/blog/avoiding-aggressive-driving-and-its-effects-on-your-health/ Editor Tue, 29 Sep 2020 10:56:26 -0400
4 Reasons Why You Need a Car Accident Personal Injury Attorney While it may seem tempting at first to take matters into your own hands after a car accident, hiring a personal injury attorney is bound to reap much better results. People often think that doing things by themselves saves them time and allows them to move on quicker, but the truth is that you are likely to get entangled in legal proceedings. Having a trained legal professional can often help you complete the process quicker and get you a much bigger compensation on top of that. Here are four main reasons why you need a car accident personal injury attorney.

Determine if you have a case or not

First of all, sometimes people don't remember things clearly and are not certain whose fault the accident was in the first place. A personal injury attorney, like the ones at Optimal Solicitors, can help you determine the facts and tell you in no uncertain terms whether your case is worth pursuing or not. If you have a case, that's great and you can proceed with legal actions; if you don't have a case, you will have the peace of mind that you didn't miss any opportunity to get compensated and be able to move on.

Higher settlements

If you've been in a car accident, the chances are that you will have to deal with an insurance company. Now, these firms will probably offer you some sort of settlement soon after the accident happens, but it takes an experienced personal injury attorney to help you assess whether or not that offer is worth considering. There are cases in which insurance companies offer 10 or even 20 times less than you could realistically get, hoping you will accept and save them money. Your attorney can help you avoid that and make sure you get what you deserve.

Level playing field

You can be absolutely certain that the insurance company you're going up against will have an experienced lawyer, if not a whole legal team on their side trying to figure out how they can win the case. You should have somebody in your corner, too. Not only will that help you make the right moves, but it will show the other side that you're taking the situation seriously. This may force them to act more reasonably and come to a fair agreement much more quickly. If that is not the case, your attorney will be ready to take them to court.

Covering medical expenses

There are many different types of compensations you can get, but if you've been involved in a serious car accident, covering the medical expenses is certainly something you will want to consider. Personal injury attorney can help you cover both past and future medical expenses, as well as get you compensation for the psychological trauma you've gone through. Not to mention that lost wages can also be thrown into the mix. There's a lot to consider, which is why you should have an expert by your side. 

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Uncategorized https://www.prolawguide.com/blog/4-reasons-why-you-need-a-car-accident-personal-injury-attorney/ https://www.prolawguide.com/blog/4-reasons-why-you-need-a-car-accident-personal-injury-attorney/ Editor Mon, 21 Sep 2020 23:23:54 -0400
Understanding Role of Service Export Promotion Council (SEPC) of India in export of Services From India Service Export Promotion Council (SEPC) is an export promotion council set by commerce and industry ministry. There are 14 export promotion councils (EPCs) under the administrative control of the Department of commerce (DoC). SEPC is registered as non-profit organizations under the companies act with a view to give proper direction, guidance and encouragement to the Services Sector. SEPC of India perform the following function –

  • Understanding Markets,
  • Accessing subsidies and incentives, The Government provides benefits to the service exporters under SEIS Scheme by which service exporters get the incentive in the form of Duty Credit Scrip.
  • Act as an intermediary between the Government and the export industry,
  • Help in formulating the foreign trade policies of the country.

Vision of SEPC:-

To make India an International Service Exports Powerhouse by effectively promoting and representing every sectors of Indian services and contributing to the overall growth of the economy,

Mission of SEPC:-

To be an effective voice of Indian Services sector globally, raising its profile through interventions and exchanges leading to increase in business,

To serve as a bridge between government and other stakeholders and the services sector,

To disseminates knowledge and recognize the achievements of organizations in their quest to increase service exports.

Role Played by Service Export Promotion Council of India:-

  • SEPC provides the information to the exporters and its members in increasing exports
  • Aware the exporters about the Government schemes and benefits under these schemes they can avail, like there is SEIS Scheme under which service exporters can avail the benefits of 5% - 7% on net foreign exchange earned on notified service exports in the form of Duty Credit Scrip which is transferable in nature and can be used in the payment of custom duties.
  • Collect the data of Export of its members to build a statistical base to compare industry growth.
  • Organise trade delegations to explore opportunities to export services in other countries.
  • There are various other EPCs which provides benefits to service exporters as well as goods exporters, Under MEIS Scheme goods exporters can avail the benefits and it may guided by the specific export promotion council of the export products of that exporter or it may be guided by the FIEO Mumbai which is also a export promotion council.
  • Give advice to their members related to technology, quality control, standards and specifications etc.
  • Organise the following to promote service export business -
  • Trade fairs
  • Seminars
  • Exhibitions
  • Meets between buyers and sellers
  • SEPC is also guiding and informing the service exporters that they can consider the service export to take EPCG License under EPCG scheme which allows to import capital goods at zero custom duty. EPCG License can be issued to Merchant Exporters tied with Manufacturer exporters, Manufacturer Exporters, Export Obligation is the condition on which basis EPCG License can be issued. There are two types of export Obligation under EPCG Scheme – 1) Average Export Obligation 2) Specific Export Obligation, Specific export obligation needs to be achieved within 6 years from issuance date of license.

Benefits of becoming member of Service Export Promotion Councils

  • After registration members are granted Registration cum membership certificate (RCMC).
  • RCMC helps to avail the benefits under foreign trade policies.
  • EPCs are responsible to update to their members about the modifications done in foreign trade policy for example Government replaced MEIS Scheme with RoDTEP Scheme which will reimburse all the central and state taxes on the exports of goods & EPCs are playing vital role in deciding the RoDTEP incentive rates.

Details of products falling with their jurisdiction

  1. Advertising Services
  2. Accounting/Auditing and Book Keeping Services
  3. Consultancy Services
  4. Architectural Services
  5. Distribution Services
  6. Educational Services
  7. Entertainment Services including Audio-VisualServices
  8. Environmental Services
  9. Healthcare Services
  10. Hotel And Tourism Services
  11. Legal Services
  12. Maritime Transport
  13. Marketing Research and Public Opinion Polling Services/ Management Services
  14. Printing and Publishing
  15. Others

Head Office/ Registered Office:-

509-511 and 514-518, 5th Floor, Apparel House, Institutional Area, Sector-44, Gurgaon-122003,

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Uncategorized https://www.prolawguide.com/blog/understanding-role-of-service-export-promotion-council-sepc-of-india-in-export-of-services-from-india/ https://www.prolawguide.com/blog/understanding-role-of-service-export-promotion-council-sepc-of-india-in-export-of-services-from-india/ Editor Thu, 06 Aug 2020 01:47:20 -0400
5 Kinds of injuries which must need a personal injury attorney If you are going through a personal injury, then it is not the smartest move to just depend upon an insurance scheme. Many times insurance companies attempt to take advantage of their clients and do not pay the full amount. In such a case, if a person who is already going through a personal injury can come under a lot of stress.

It is very difficult to cope with situations like this on your own. In this situation, the best option is to hire a personal injury attorney.

Let us discuss the five major injuries which necessitate a personal injury attorney.

1.   Medical Malpractice:

It is the responsibility of a doctor to strive hard to save a patient’s life and be cautious. However, there is much negligence which is done in the field of medical science.

If you believe that you or a loved one is going through an injury or medical malpractice, then get yourself a personal injury attorney. It is a very complicated process because it is not easy to prove a bad medical result occurred due to malpractice or not.

But getting a proficient personal injury attorney will assist a lot since they are adept in this regard.

2.   Defaming someone:

Defaming is one of the most dangerous types of injury that someone can go through. Most of the injuries last for a short or a specific period. But defamation can be very long-lasting.

It can have a huge effect on the mental health of a person and they might lose confidence forever.

It can have such an impact on the minds of people, that there is no assurance when it will end. It can permanently damage the lives and careers of people. So if you are going through defamation in real life or on the internet, then you must contact a personal injury attorney as soon as possible.

3.   Road and vehicle-related accidents:

These types of injuries occur a lot nowadays since the population f the world is increasing day by day and there is uncontrollable traffic on the roads. In such a case, if people are not following the rules of traffic properly then it is bound to result in car accident injuries.

Insurance companies try to scam people in this matter. So it is essential to hire a personal injury attorney because he will make sure that the driver is responsible for all the financial and hospital compensation.

4.   Harassment:

It is very prevalent among such harassers that they harass people with subtle notes. Any outsider may never find out that harassment is being done. These kinds of cases lead to criminal pleadings as well.

It is crucial to get a personal injury attorney in cases of harassment and assault like this as they can assist their client from further injuries and bring them justice.

5.   Injury caused by someone's pet:

If someone has a pet dog or a snake, then they must keep watch over them. If the owner fails to do so and their pet bites or harms someone, then they will be questioned in the court of law through a personal injury attorney.

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Uncategorized https://www.prolawguide.com/blog/5-kinds-of-injuries-which-must-need-a-personal-injury-attorney/ https://www.prolawguide.com/blog/5-kinds-of-injuries-which-must-need-a-personal-injury-attorney/ Editor Wed, 15 Jul 2020 09:31:04 -0400
How To Choose A Dedicated And Experienced Accident Lawyer Accidents can be quite unpleasing and one can be easily frustrated after experiencing one. In most cases, an individual requires an experienced accident lawyer but he is unable to get one. Even if some are interested in getting one, they can not figure out what to look in them before finalizing and hiring them. If you were looking at how one shall choose an accident lawyer then luckily you have landed on the right page and this article has got you covered. This article will guide you through a bus accident lawyer and how to choose a dedicated and experienced accident lawyer.

Experience

Without any doubt, the experience is the one thing that distinguishes a person from others in a certain service industry. Experience has great value as far as law cases are considered and they shall never be underestimated. When you are about to hire an accident lawyer, it is recommended that one shall definitely opt for the ones that are more experienced and have spent time in that field. This will help you in lots of ways that you could ever imagine. It will save you time and you won't need to explain things for hours even after your worst experience. Moreover, he will surely know what you exactly want and won't waste further time on it. Experienced bus accident lawyers make a much more significant impact as compared to inexperienced ones.

Reputation

Besides experience, reputation plays a vital role in choosing the right and experienced accident lawyer. It is very important that the lawyer that you are working with has a good and respectful reputation in the market. Before hiring and finalizing, one should definitely look for his reputation in the concerned market to get the basic idea of him. This plays a significant role in reflecting his image and telling whether his customers are satisfied or not. A bad reputation would only highlight that he couldn't satisfy his previous customers and one should not opt for him.

Personality

Personality plays a huge role in judging any person, especially when dealing with accident lawyers. It impacts and reflects who they really are without even describing themselves. Many people overlook this attribute but a smart person never does it. Many people only go through their work and experience but they don't observe their personality. The personality of a bus accident lawyer should be rough and tough. Not many agree on this but it somehow makes the decision more on your side as they manage to impress the person in charge too.

Focus

Being a lawyer is not a piece of cake, it takes a great mind that is focused on work all the time. It is suggested that one should definitely opt for a person who tends to be more focused on the work rather than other things. Many lawyers tend to become more focused and interested in your personal life rather than your actual case. This is one of the key points that reflect their non-professional behavior which indicates that they should not be hired at all.

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Uncategorized https://www.prolawguide.com/blog/how-to-choose-a-dedicated-and-experienced-accident-lawyer/ https://www.prolawguide.com/blog/how-to-choose-a-dedicated-and-experienced-accident-lawyer/ Editor Wed, 15 Jul 2020 09:30:20 -0400
What Can You Expect From a Dog Bite Settlement?

Dog bite settlement cases can vary drastically, depending on the circumstances and situation of each individual case.

In a recently settled case in New Jersey, the victim of the dog bite received a $1.75 million dollar payout. In this case, the victim was a home health care worker providing physical therapy for a relative of the homeowners.

Without any apparent warning, the couple's small dog suddenly bit the therapist on the hand, causing 3 deep puncture wounds to his index finger. While this may not seem like much, the injuries were indeed very serious. There were complications which resulted in significant pain, swelling, and surgeries. There was a decreased range of motion, as well. Some of the injury involved a permanent spinal cord stimulator.

A lawsuit was filed in this case, and a settlement was reached through the mediation process. As the victim was found to be on the property legally, the dog's owners were found to be legally liable for the injuries sustained.

While every case is different, this is an extreme case, as they were significant injuries which affected the victim's ability to work. If you have been involved in a dog bite attack, you will first off need to seek proper medical treatment and evaluation immediately. Even if the bite does not seem to be very serious, it is extremely important to have the wounds professionally treated. In this case, there were only 3 small puncture wounds, there was nothing immediately appearing that the wounds were as serious as they turned out to be.

You may be entitled to receive a settlement which would include monetary compensation for your pain and suffering, all medical expenses you have already incurred, funds to cover any future expected medical care, and lost wages due to the inability to work due to your injuries. Future medical expenses may include reconstruction or plastic surgery, physical therapy, and psychological counseling for emotional trauma.

Some cases are much smaller financially, but still have significant costs involved which you should not be responsible for paying. Your lost wages should be restored to you as well. If you were in no way negligent, or were legally on the property of the dog's owner, you are entitled to receive proper remuneration for your injuries.

If you or a loved one have experienced injury by being bitten by a dog, you need to consult with an experienced and proven successful personal injury attorney experienced in dog bites.

FAQs About Dog Bit Settlement

1. What should I do first If I'm involved in a dog bit attack?

If you have been involved in a dog bite attack, you will first off need to seek proper medical treatment and evaluation immediately. Even if the bite does not seem to be very serious, it is extremely important to have the wounds professionally treated.

2. What am I entitled to receive if I'm involved in a dog bite attack?

You may be entitled to receive a settlement which would include monetary compensation for your pain and suffering, all medical expenses you have already incurred, funds to cover any future expected medical care, and lost wages due to the inability to work due to your injuries. Future medical expenses may include reconstruction or plastic surgery, physical therapy, and psychological counseling for emotional trauma.

3. How much can I receive from a dog bite settlement?

While every case is different, in a recently settled case in New Jersey, the victim of the dog bite received a $1.75 million dollar payout. In this case, the victim was a home health care worker providing physical therapy for a relative of the homeowners.

Contact The Law of Jeffrey S. Dawson today at 949/861-2191 for a free consultation to discuss your personal injury case. Jeff Dawson is a uniquely qualified personal injury lawyer. He has worked on the other side, as well - for the insurance firms, and knows how they think. If you have been involved in an accident where you have suffered injuries, contact the law offices of Jeffrey S. Dawson to discuss your potential lawsuit settlement.

See what Jeff has to offer you here: http://www.pi-attorney.com

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Uncategorized https://www.prolawguide.com/blog/what-can-you-expect-from-a-dog-bite-settlement/ https://www.prolawguide.com/blog/what-can-you-expect-from-a-dog-bite-settlement/ Editor Thu, 11 Jun 2020 04:30:23 -0400
Appeal Your Judgment With An Appellate Attorney

In the space of a few years the legal basis of most any court case has shifted to include virtual law searches. While nobody recommends you follow the recommendation of the Google Search Page, the option is there to help you find the right lawyer, or seek out the right information.

Asking the right question matters.

The fundamental basics of law don't really change much, and everyone knows there are ins and outs of decision makers that make the ultimate choice more important than ever. So you'll want to seek the most objective attorney you can find, when you're looking for an attorney to handle your court case.

If you've already been to trial and lost, did you know it's okay to appeal your case?

An appellate attorney can look over your court case and determine if you have the option of taking your case to the court of appeals. When you appeal your judgment with an appellate attorney, there are a few basic concepts you'll want to know prior to hiring the one person who works for you.

1 - If the court's decision during your trial didn't seem fair - you'll want to ask an appellate attorney to look at your case.

2 - If your case includes details that should have been separated - you might want to appeal, to have separate issues settled differently.

3 - If you were unjustly accused, and the hearing didn't go in your favor - you'll want to request an appeal to have better representation of your details.

Often a lack of details can cause a case to be dismissed without further action. Or there can be other remedies applied in relevant cases.

The key to appealing your case successfully is finding the right appellate attorney. Not every attorney is created equal, and you'll find the one attorney who works best for you, has your best interests in view while working for you, and accomplishes the task set before them - is the best in their specific area of expertise. The absolute best in a specific expertise may not pop up on the Google Search, but they'll probably be located by name.

Many will recognize their name.

Several years back the question of who to hire might have been super difficult to find, but more recently you can ask most any attorney for a recommendation. Asking friends might be a good idea, or asking others who have recently had court battles. However, none of these may have had your particular experience.

To build your presence online - call http://denverwebstudio.com

We connect the dots! Colorado Appellate Attorney is a great DOT to connect.

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Uncategorized https://www.prolawguide.com/blog/appeal-your-judgment-with-an-appellate-attorney/ https://www.prolawguide.com/blog/appeal-your-judgment-with-an-appellate-attorney/ Editor Thu, 14 May 2020 04:52:56 -0400
LSAT Tips That You Should Know

If you are going to take the LSAT test, make sure you spend enough time getting ready for the test. This will help you get a better idea of your strengths and weaknesses. Moreover, you will be able to focus your efforts on areas that need most of your attention. After all, it's not a good idea to spend 15 minutes on a question that you know you will get wrong no matter what. Therefore, you may want to know your strengths and weaknesses beforehand. Given below are some LSAT tips that can help you.

Practice

If you want to achieve excellence, you must practice. If you set aside plenty of time to practice, it will help you prepare for the test. Also, you can use this opportunity in order to identify areas that you need to work on.

There is no harm in Guessing

You don't have to be afraid when it comes to guessing. The reason is that there is no penalty for wrong answers. Therefore, it's a good idea to answer all the questions. If you are not sure about an answer, you should forget the options that you are sure are incorrect. Then you should guess between the rest of the options.

Logical Reasoning

There are three components of arguments: evidence, assumptions, and conclusions. And the primary point of the argument is the conclusion. Therefore, it's backed by unstated assumptions and stated evidence.

You should try to understand the argument structure, which will help you choose the right answer. You should read the question stem before you attempt a question.

Analytical Reasoning

On the LSAT test, the majority of logic games are of three varieties: hybrid, grouping or sequencing games. The game rules tell how the objects should be placed in order in a sequencing game. In a grouping game, you learn how to put the objects in a group. And in a hybrid game, elements of grouping and sequencing are incorporated.

What you should do is understand the information provided for the games on the LSAT. You should have a strong understanding of the rules and conditions before you answer the questions. Before you attempt the questions, you should make some general conclusions as well.

Most of the questions have one or more assumptions and require you to determine the final conclusion. Actually, what you should do is understand the current game rules and the way they interact with new rules.

Reading Comprehension

You should answer the questions on the basis of the information provided in the given passage. There is no need to show your knowledge about a certain topic. As a matter of fact, assumptions may cause you to give an incorrect answer.

Also, you should take it easy when it comes to memorizing facts. The majority of questions involve inferences, details, and ideas. Make sure you look for them when reading the given passage.

Writing Sample

Before you start writing, don't forget to collect your thoughts. They will judge your writing sample based on its clarity.

So, these are some tips that can help you prepare for your LSAT test.

If you are looking for a tutor to help you prepare for your LSAT test, we suggest that you hire the services of Jon Paul Tutor.

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Uncategorized https://www.prolawguide.com/blog/lsat-tips-that-you-should-know/ https://www.prolawguide.com/blog/lsat-tips-that-you-should-know/ Editor Fri, 10 Apr 2020 04:51:31 -0400
Going to Prison - 5 Things You Need to Know

With over 80,000 individuals entering Federal Prison each year, and more than that awaiting trial or sentencing, is it any wonder that there are a lot of first time offenders out there who are anxious and filled with questions and doubt?
They may be wondering:

• What is Federal Prison going to be like?
• Am I going to be safe?
• What should I be doing to prepare?

I spent over five years in Federal Prison and based on my experience, I want to share with you what actions can you take NOW, before going to prison, that will help your transition from the outside world to life inside.

1) Power-of-Attorney

The first thing you want to do is choose someone, usually a family member or close friend, and give them power-of-attorney over your affairs. This person can then make decisions for you while you are in prison.

Things such as calling creditors and dealing with bank accounts on your behalf, selling items/property in your name, et cetera. This is really important, and so easy. You fill out a simple form, have your selected person go with you to a notary public, and you both sign.

2) Create a Will

The second thing you need to do, if you haven't already, is create a simple will, and again, get it notarized. Don't freak out - I'm not suggesting that you may not make it out of prison alive, however a will is very important to have in case anything happens to you in prison. One place to find the necessary forms inexpensively is US Legal Forms. Find them at: http://www.uslegalforms.com.

3) Stockpile Cash

Another important action to take is to stockpile some cash that you can use during your prison time to buy some of the necessary items, such as food, clothing, stamps, emails & phone calls through your commissary account.
Keep in mind that you are going to want about $1,000- $2,000 of spending money for each year you spend in prison. Use this as your guide.

4) Talk to your Employer

Wherever you work, it's also important that you talk with your employer about taking you back when you get out. Nothing feels better than walking out of prison knowing you have a job waiting for you.

5) Prepare Mentally

One other suggestion I have for you is to start to prepare yourself mentally for your transition from freedom to prison. There is a wonderful book you should consider reading, even if you take it out of the library. It's called: We're All Doing Time: A Guide for Getting Free by Bo Lozoff. Another is Man's Search for Meaning by: Victor Frankel.

Both of these books will give you some insight on how to manage mentally, physically, and emotionally while incarcerated.

Conclusion

The key to Surviving & Thriving in prison is to be proactive - take steps now to ensure that your time inside will be as painless and smooth as possible. By taking these five steps, it will allow you to become less anxious because you will have set yourself up for a smooth transition.

About the Author:

E. Dantes was a Federal inmate for over five years and is dedicated to providing individuals about to enter prison with the knowledge and resources to allow them to Survive & Thrive while doing their time. For a free special report with more helpful information about what to expect before going to Federal Prison, please visit: http://SurviveNThriveBook.com/special-report

For a free special report with more helpful information about what to expect before going to Federal Prison, please visit: http://SurviveNThriveBook.com/special-report

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Uncategorized https://www.prolawguide.com/blog/going-to-prison-5-things-you-need-to-know/ https://www.prolawguide.com/blog/going-to-prison-5-things-you-need-to-know/ Editor Tue, 17 Mar 2020 04:50:12 -0400
What Are The Pros and Cons of Government Surveillance?

Most people have an anti attitude in respect to government surveillance. Ever since Obama became president, government surveillance on the Internet skyrocketed. Government surveillance statistics: in 2015 over 30% of adult Americans were concerned about government surveillance of their electronic communications. On one hand government surveillance is good for increased security and for helping prevent potential terrorist attacks. On the other hand, too much government surveillance will trample over our privacy and violate our basic civil rights. Where do you draw the line for a happy compromise? If 911 was brought about by the elites in the US government, then the push and demand for greater government surveillance are the sole purpose of that tragic event where thousands of Americans were sacrificed. 911 should have never happened. How can the world's most powerful country get invaded by a team of Middle-eastern terrorists? The whole event stink of government coverup, of US officials contriving and creating the perfect circumstances for national turmoil. Enough ranting. Here are some telling signs of domestic and home surveillance:

1) Does your laptop or desktop computer crash regularly or too often?

2) Do you feel someone is tracking you whenever you surf online?

3) Are your online activities disturbed suddenly with web page freezes or the computer screen turning black?

4) When shopping at a website, are your shopping experiences smooth without strange and unexplainable glitches?

5) Do you have any difficulty visiting all the websites that are listed at search engines?

6) Do the prices of certain products you buy regularly online rise continuously?

7) Do you feel the sneaky suspicion you are being monitored at home?

8) Do you notice sirens coming on too regularly, if you say certain negative words in your remarks?

9) Does anyone in your family give you the remotest impression to be tracking you at home?

10) Do your closest neighbors visiting you behave rather unnaturally as if concealing a dark secret?

11) Do you see a sudden jump of neighbors walking their dogs, jogging, or pushing baby carriages by your home?

12) Do your neighbors sometimes park their automobiles in front of your home without a valid reason?

If you answered yes to any of the above questions, you may be under surveillance by the FBI. Don't be surprised if you are; the FBI has grown quite bold since 911. I should know. The FBI won't let me alone.

Read my story of outrageous surveillance and financial persecution.

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Uncategorized https://www.prolawguide.com/blog/what-are-the-pros-and-cons-of-government-surveillance/ https://www.prolawguide.com/blog/what-are-the-pros-and-cons-of-government-surveillance/ Editor Sun, 23 Feb 2020 04:49:20 -0500
Why to Get a PF Registration Done - The Benefits of a Provident Fund

The most significant tool in the arsenal of retirement planning is the Employee Provident Fund. When kept for long-term, it can not only meet retirement goals but also surpass them because:

  1. It has 100% tax-free interest
  2. Interest works on compound growth
Both these factors ensure that on the time of maturity PF provides a substantial nest egg. Illustrated below are all the advantages an EPF affords a person and their loved ones in times of need, emergency or after retirement.

What are the merits of Provident Fund?

  • Insurance
The Employee Deposit Linked Insurance scheme states that a company has to contribute 0.5 % of the monthly basic pay as a premium of insurance cover. EDLI is applicable when the organisation doesn't give its employees a group insurance scheme. The contribution of the employer is capped at Rs. 6,500. Furthermore, the insurance coverage amount is the higher one of the following two:
  1. Twenty times the average wages of the past one year (up to Rs 6,500 per month) which comes out to be Rs 1,30,000.
  2. The full amount in the PF account (up to Rs 50,000) plus 40% of the balance amount.
For workers in small enterprises, the sum EDLI produces is, at times, more than enough for survival.
  • Pension
EPF comprises of two elements:
  1. Provident Fund
  2. Employee Pension Scheme
The latter was introduced in 1995. While the contribution of the employee, which is 12% of basic pay plus DA, goes entirely to PF, the input of the employer is divided. Out of the 12% the company has to give, 8.33% is deposited into EPS. This is capped at Rs.541. The balance amount is added to the PF.

When a person retires, they receive a pension which is dependent on:

  1. The median salary they in the year prior to retirement
  2. The number of years they have worked
What this signifies is that the contribution to EPS, over the years, builds a substantial corpus as a pension. Due to a provision under the law, one can receive the EPS along with PF in lump sum amount. To collect a pension, one must:
  1. Be 58 years old or over
  2. Completed a decade of service without any withdrawals from it
In case an employee retires before reaching the age of fifty-eight, they can still collect the pension just at a lessened amount. Furthermore, on the passing of a worker, the family is entitled to the pension as along as set conditions are met.

It should be noted that there is a limit to the maximum amount of pension for each month - Rs. 3,500. There is a simple technique to bypass this limit if the employer uses the actual pay of the worker for contribution instead of the specified Rs. 6,500 per month.

  • Unique Situations
One of the primary supports a person gains by PF online registration is a financial cushion during dire or extraordinary times. When an emergency arises, and there are no saved funds or help at hand, one can draw from the EPF. To dip into the corpus, some conditions have to be fulfilled and a specific limit crossed. Some examples of when EPD can come in handy are:
  • A Medical Emergency:
For any major surgical operation or conditions like cancer, TB, leprosy, heart illness, mental issues, and paralysis, a person can withdraw money from the EPS. The amount that can be taken has to be lesser of the following two:
  1. 6 times the salary of the person
  2. Entire contribution made to the EPF till date
The fund taken out can be appropriated for the treatment of spouse, children, self or dependent parents.
  • Any Life Goal
A parent plans for a child's education and marriage, a person could wish to provide their sibling with higher education or an individual might want to study further. All these are life goals which can be financially aided through EPF. An employee can withdraw about half of the contribution for marriage or education of child, self or sibling.

This can be done up to three times in your service life. The only criteria to be met are:

  1. Valid document proving marriage or fee payable to the college
  2. Spent seven years in service
  • Dream Home
When an employee wants to build a new house, repair or maintain an old one, they can utilise the money in EPF. It can also be appropriated for house loan repayment. The association specifies the contingencies that should be fulfilled for the same. The usual few are:
  1. For house loan repayment, one can use wages of three years from the EPF as long as 10 years of services have been finished.
  2. For repair or modification at home, one can withdraw wages equal to twelve months. This requires an existing house and can only be done once. For alteration, the person has to complete 5 years of service and for repair 10 years.
  3. To purchase a new home, an employee need only to work for five years. The amount drawn can be used for buying a new house or plot and construction of a new home. If land is purchased, the total that can be taken out is 24 months of wages. For a house, the amount can be 36 months of salary. This quantity can be collected only once in life. The house or the plot can be in employees name, spouse name or as joint ownership.
The pros of EPF are not limited to the ones explained above. There are some other circumstances where it can be utilized such as:
  1. Damage due to natural calamities
  2. Equipment purchases by physically handicapped
  3. If the person changes jobs and remains without a profession for over two months
Nominating a family member to receive the corpus of EPF in case of the employee's demise makes for an excellent safety net.

An EPF is the most robust retirement tool a company can give to their employees. It is why the government has made it mandatory for firms with over 20 employees to register for it. VakilSearch is a celebrated income tax return filing platform that also assists in online PF registration. They come highly recommended due to their quick and transparent process. Additionally, they even advise on the benefits employee provident fund gives to people.

Swing by their site or give them a call at +91 7200 365 365 to how EPF can save you!

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Uncategorized https://www.prolawguide.com/blog/why-to-get-a-pf-registration-done-the-benefits-of-a-provident-fund/ https://www.prolawguide.com/blog/why-to-get-a-pf-registration-done-the-benefits-of-a-provident-fund/ Editor Fri, 17 Jan 2020 04:48:13 -0500
Simplifying the Process of Name Change on a Birth Certificate for Children and Adults

One of the most crucial documents a child or adult can have is the birth certificate. It is the first proof of a person's:

  1. Age
  2. Identity
  3. Citizenship
When an adult initiates the process of obtaining a driver license, or a child is admitted to a school or a person files in an application for a passport, the one document that is generally asked as proof is the birth certificate. This need makes it critical to have the document at hand as soon as possible.

Reasons for a Name Change Application

But like any other process that entails human processing, there is a minor chance of an error occurring. In simpler words, the need to change the name on the birth certificate may rise. There can be other reasons for altering the name on a document. Let's take a look at some of the most common ones.

  • Changing the name of an infant (less than 1-year-old)
The number one reason people get the name on the certificate altered is a change of mind. Many parents have second thoughts when it comes to naming their baby. For this reason, the need to change the name on the birth certificate may arise. In such a case, a court order is generally not required, as long as the infant is less than one year old. The process for it is:
  1. Bring the original certificate to the record office of the city where the baby was born
  2. Fill in the required forms
  3. Get the change done
  • Correcting the spelling of the name
Human error is inevitable. Mistakes can occur when a person is feeding the name on a computer. The wrong birthplace is typed, the incorrect gender might be ticked, or the name spelled inaccurately. When any one of these faults is present in the birth certificate, it is necessary to get them amended. Proof of the correct information is required for the modification.

In case the spelling of the name is wrong, a court is not mandatory. The person or the parent of the child can give proof of the precise spelling by showing valid documents and get the name edited.

  • Name change of an adult
Most often a change in the birth certificate of an adult is needed because of a modification in the legal name. It can happen in instances such as:
  1. a person decides to take a new first name
  2. a person takes on a new surname
  3. parentage has changed
For the process the prerequisites are:
  1. Court order
  2. Supporting documents
  3. Reason for the change
Bear in mind that a change in name due to marriage doesn't necessitate modifying the birth certificate.

How to Get a Name Changed in Birth Certificate

The process of altering or modifying a name on a birth certificate requires three simple steps.

  • Submission of the affidavit:
An affidavit duly signed by a notary or 1st class magistrate has to be submitted. The document must contain:
  1. Previous name
  2. New name
  3. Correct, complete address
  4. Reason for name change
An important step here is to make multiple copies of the affidavit and keep the original securely. Also, get soft copies of the legal paper too.
  • Publish in a newspaper:
The second step is to publish a notification or an advertisement in local newspapers specifying that a change in a name has occurred.

One can choose any paper can, but print the ad in two - a local state newspaper and an English newspaper. The advert essentially includes:

  1. New Name
  2. Old Name
  3. Date of Birth
  4. Address
  • Notification in a Gazette:
For government officials, it is imperative to publish a notification in a gazette while for others it is optional. Prerequisite documents for this are:
  1. Deed Changing name form (obtained from Department of Publication or Controller of Publication)
  2. Copy of newspaper publication
  3. Two self-attested photos
  4. Address proof
  5. Identity proof
After the change, the Department of Publication sends a copy of the gazette with the printed advert in it. Completion of the step signifies that the name has been modified under the eyes of the law.

The Last Few Tips

A legal change of the name in the birth certificate is not the last step. Keeping all the documents connected to the procedure safe is vital. They might be needed in the future. Also, though one can get a name change procedure in india now, it is still advised to get the help of experts. All annexures required for the process, the steps to be completed or the legal paper done can be done quickly when you have the support of professionals.

The two best persons to get aid for name change affidavit are lawyers and VakilSearch. While gaining access to a good lawyer is not possible for everyone, VakilSearch can step in to help anyone. They are a well-known company for name change online in india. When it comes to altering a name or getting a new surname, the experts at VakilSearch are at your beck and call.

They ensure that all details like the previous name, new name, a reason for the change, address and legal proofs are accurate and in order. With meticulous attention, they guarantee that your name is changed on a birth certificate without the need of you ever stepping out of the house. Give them a call or book a free first consultation with them to know more!

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Uncategorized https://www.prolawguide.com/blog/simplifying-the-process-of-name-change-on-a-birth-certificate-for-children-and-adults/ https://www.prolawguide.com/blog/simplifying-the-process-of-name-change-on-a-birth-certificate-for-children-and-adults/ Editor Thu, 12 Dec 2019 04:46:41 -0500
Know How a Motor Vehicle Accident Lawyer Handles Compensation Claims

Anyone who gets injured in a motor vehicle accident should hire an attorney to help them with their compensation claim. You might wonder why this is necessary. Often the injury happens due to the carelessness of someone else.

When such a situation arises, there could be many kinds of financial losses which the victim and his or her family might incur. He/she will have to deal with medical bills, or other expenses such as the cost of a chiropractor or physiotherapist. They may even have lost wages due to the injury.

In extreme cases such as death, the victim's family may find themselves facing a devastating financial situation. In order to help alleviate some of these difficulties, a Motor Vehicle Accident Lawyer can often assist the victim and their family.

Hiring a motor vehicle accident lawyer soon after an accident is very important as injuries may require extensive rehabilitation. A claim of compensation is the best way to get enough funds to pay all the medical expenses and focus on recovery.

Motor vehicle accident lawyer can deal with even the most complicated auto accident claims. They will investigate the details of the accident to determine if the driver or a third party is responsible for causing the accident. This will help to successfully prove your case and acquire compensation for the injuries.

• A motorcycle accident injury lawyer is the best person to establish a valid claim for compensation. They will handle the entire process from filing the lawsuit to receiving the compensation.

• An attorney who has relevant experience with car accident claims will look out for the best interests of their client. Since the lawyer works on a contingency fee basis, there is no cost to the client until the case is settled. This is indeed very helpful for those people whose financial situations often do not permit access to a lawyer.

• As a layman, you may not know what your rights are under personal injury law. Each case is unique depending upon the circumstances.

In many claims, compensation is determined by attaching a monetary value to life before the injury compared to life after the injury. The value is also dependent upon medical treatment received in order to recuperate from injuries sustained. These are calculated and negotiated by the injured party's lawyer as well as the insurance company's lawyers.

• A car accident attorney will negotiate the best settlement possible on your behalf while the insurance company will always try to settle for a lesser amount than the victims are entitled to.

Ladas Law Firm, P.C. is one of Massachusetts' most experienced law firms specializing in Workers' Compensation Law, Social Security Disability Law, and Personal Injury Law.

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Uncategorized https://www.prolawguide.com/blog/know-how-a-motor-vehicle-accident-lawyer-handles-compensation-claims/ https://www.prolawguide.com/blog/know-how-a-motor-vehicle-accident-lawyer-handles-compensation-claims/ Editor Sun, 17 Nov 2019 04:33:47 -0500
The Most Common Types of Fraud Crimes Committed Around the World

There are unlimited types of crimes that are categorized as fraud according to our nation's judicial system. From embezzlement to tax evasion, the list of possibilities, especially when combined, can truly be infinite. However, there seems to be a top 20 list of the most common fraudulent crimes committed all across the globe. Continue reading to learn which crimes top the list, what they entail, and what you can do if you are facing one.

Common Fraud Crimes:

BANK FRAUD - Common crimes include, tampering with checks, check fraud, altering checks, debit card fraud, account identity theft, stolen check fraud, gift card fraud, opening multiple accounts in an attempt to defraud, making insufficient deposits to cover debits, using a false identity to open accounts, counterfeiting checks, knowingly writing bad checks, and general loan fraud.

BANKRUPTCY FRAUD - Common crimes include providing false information on documents, hiding assets from liquidation, attorney filing incorrect paperwork on behalf of client, intentional discrepancies on bankruptcy petition, transferring real estate, money, or assets to family members, filing multiple cases in separate states, using stolen social security numbers, filing a false claim, destroying or concealing financial records, giving or accepting a bribe, and foreclosure scams.

CREDIT CARD FRAUD - This may include offenses such as applying for charge cards under stolen identities, obtaining property by using stolen or fraudulent credit card, knowingly using a stolen credit card, knowingly using a forged or fraudulent charge card, knowingly using an expired or revoked credit card, using someone's charge card without their permission, making false statements about the ownership of a credit charge, tampering or altering a credit card, credit card counterfeiting, receiving anything as a result of credit card fraud, accepting gifts knowing they were obtained with a fraudulent credit card, using a lost charge card, opening a credit card under someone else's name, opening a credit card under a false identity, and stealing or using charge card data for online purchases.

PRESCRIPTION FRAUD - This may include forging a prescription, tampering with a prescription, illegal prescribing of prescription drugs, illegal procurement of prescription drugs, stealing a prescription pad, forging a prescription pad, imitating medical personnel, stealing identities to obtain prescription drugs, selling prescription drugs, and giving a non-prescribed person or minor prescription drugs.

WELFARE FRAUD - Welfare is a state-organized public relief system that provides paid benefits for those in need of attaining economic self-sufficiency. An individual's eligibility for government financial aid is based upon several factors, including age, disability, marital status, employment, income, and more. But anyone who tries to deceive the government about their need or entitlement to welfare is an act of welfare fraud. Welfare fraud is generally investigated and prosecuted as theft, and punishable as a Felony in most states.

Additional Types Include:

  • Mortgage Fraud
  • Investment Fraud
  • Check Fraud
  • Accounting Fraud
  • Mail Fraud
  • Organized Fraud
  • Securities Fraud
  • Government Fraud
  • Healthcare Fraud
  • Tax Fraud
  • Identity Fraud
  • Wire Fraud
  • Insurance Fraud
  • Internet Fraud
  • Workers Comp Fraud
What You Can Do as a Defendant

Fraud crimes can be charged as either a misdemeanor or felony offense, depending on the specific circumstances of a person's case, as well as the state they are being charged in. If you were recently arrested on facing fraud charges, you are facing hefty fines, imprisonment, and other severe penalties.

The best stride you can make toward securing your rights and protecting your freedoms is calling a licensed fraud lawyer for tough and aggressive criminal defense; otherwise, you risk being sentenced to the maximum penalties in your state.

Call The Criminal Defense Law Office of David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indiana. Their Indianapolis criminal defense lawyers do everything in their power to obtain the fairest outcome possible for your case. Request a free initial consultation, today.

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Uncategorized https://www.prolawguide.com/blog/the-most-common-types-of-fraud-crimes-committed-around-the-world/ https://www.prolawguide.com/blog/the-most-common-types-of-fraud-crimes-committed-around-the-world/ Editor Wed, 09 Oct 2019 04:32:41 -0400
What Does 'Pain and Suffering' Mean In a Personal Injury Case?

"Pain and suffering" is a term often associated with personal injury lawsuits, but few people understand its meaning. From a legal standpoint, pain and suffering can be physical or mental.

Physical pain and suffering is associated with physical injuries. This not only includes the discomfort or pain the claimant suffers in the present, but any potential complications and pain that are likely to occur as a direct result of the defendant's actions.

Mental pain and suffering is about the impact the injuries have on the sufferer's emotional well-being. Mental pain and suffering may refer to emotional distress, anger, fear, anxiety, humiliation, shock or any negative emotion that has occurred as a result of the physical trauma of an accident.

In some cases, significant mental pain and suffering can lead to post-traumatic stress disorder (PTSD), loss of appetite, depression, mood swings, and sleep disturbances. Mental suffering also refers to the potential disturbances a victim might experience down the line.

How Pain and Suffering Is Determined

In a personal injury lawsuit, there aren't any guidelines for calculating the compensation for pain and suffering. In most cases, judges recommend that juries base their calculation of reasonable compensation based on their own experience and understanding.

In some cases, a multiplier is used, in which pain and suffering is calculated based on the claimant's injuries, total medical bills or lost earnings. The multiplier is typically between 1.5 and 4, which is then applied to the damage caused.

It's important to remember that multipliers are estimates and may not apply to all personal injury cases.

A plaintiff's Action or Inaction Can Impact Compensation

● Comparative negligence: This links injuries caused to a measure of fault in a personal injury case. If a victim is partially at fault for the injuries incurred from the accident, compensation will most likely reflect that.

● Duty to mitigate: In most states, plaintiffs in personal injury cases are required to take steps to mitigate the impact of the injury caused by an accident. Disregarding mitigation such as not seeking medical attention, ignoring medical advice, refusing surgery, or engaging in unreasonable behavior that may aggravate injuries can have adverse affects on the outcome.

Other considerations that impact compensation include:

  • The credibility of the plaintiff.
  • Exaggeration of the claim.
  • Misinformation or lies.
  • Physician's testimony.
  • Reliability of the claim, diagnosis, and injuries.
  • The plaintiff's criminal record (if applicable).

Consult with an Experienced Attorney

Filing a personal injury lawsuit requires specialized skills and knowledge of the legal system. If you were injured in an accident, it's vital to work with an experienced personal injury attorney in Los Angeles to ensure you get the compensation you deserve.

To know more how a personal Injury attorney can help you with your case, contact Ramtin Law Office

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Uncategorized https://www.prolawguide.com/blog/what-does-pain-and-suffering-mean-in-a-personal-injury-case/ https://www.prolawguide.com/blog/what-does-pain-and-suffering-mean-in-a-personal-injury-case/ Editor Tue, 17 Sep 2019 04:31:24 -0400
How Long Will a DUI or DWI Stay on Your Police Record?

Your criminal history can have a significant impact in that it affects the ability to get a job, a loan, security check, and many other pertinent things. Once a person gets arrested and or convicted of a crime, a criminal history is recorded and usually stays on your record in perpetuity. A criminal history record is made up of two parts, the first part is the record of arrests and the second part is the record of convictions. A conviction record is made when an accused either pleads guilty or is found guilty by a jury at trial.

The record of arrest remains even if your case is dismissed. However, a record of arrest and a record of conviction can be removed from the public record by Order of Expungement. To gain an Order of Expungement, one must file an Application for Expungement that consists of several forms and attachments, including the booking information and court recordings of the proceedings, called minutes.

As a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) is considered a criminal offense, an arrest and or conviction for DUI/DWI remains on a person's record indefinitely unless the record is expunged. The expungement is not a complete eradication of the arrest/conviction; however, as a record of a DUI/DWI conviction will remain on the police record and is not removed, even if an Order of Expungement is obtained. The Order of Expungement serves to hide the criminal history record from the public view.

Obtaining an Order of Expungement is not an easy process nor is it granted easily. It is not unusual for the Order to be signed a year or more after the initial application filing. The cost of a Petition for Expungement is expensive, around $600 or more plus attorneys fees, and can be denied if any agency decides against granting the expungement.

For the purposes of enhancement, in Louisiana any subsequent DUI/DWI is enhanced to increase penalties. For example, a second offense DUI/DWI is still a misdemeanor but it requires mandatory jail time by law plus the fine is significantly increased. A conviction of a third offense DUI/DWI is a felony and carries a mandatory jail time up to 20 years plus a much greater fine.

After 10 years from the first conviction, even though the record remains, a conviction of DUI/DWI will again be prosecuted as a first offense.

Exclusively handling criminal defense matters since 1994. Law Office of Vincent Miceli [http://www.vincentmicelilaw.com]

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Uncategorized https://www.prolawguide.com/blog/how-long-will-a-dui-or-dwi-stay-on-your-police-record/ https://www.prolawguide.com/blog/how-long-will-a-dui-or-dwi-stay-on-your-police-record/ Editor Wed, 17 Jul 2019 04:29:40 -0400
The Benefits of a Plea Bargain in a Criminal Case

Anyone charged with a crime deserves the best possible outcome. This does not mean the best outcome his attorney can get him but it means the best possible outcome for him, the accused. Do not let your attorney talk you into a plea deal unless and until the attorney has exhausted all other avenues to get the best possible outcome for you.

After, and only after, thorough examination of the evidence and interviews with all witnesses, can a good lawyer determine the best course of action. Negotiations for a plea bargain should NEVER be the first option. However, a plea bargain sometimes is the best option and should NEVER be totally disregarded in lieu of trial or entering a guilty plea.

When someone is facing criminal prosecution with the possibility of jail time, he is under a great deal of stress. Much is at stake besides loss of freedom including significant financial loss, loss of reputation, and difficulties in future employment among other probable consequences. Entering into a plea bargain means you, as the accused, are willing to accept a guilty plea which will have a negative effect on your record.

When the evidence in the case is strongly against the accused and the witnesses are likely to appear and testify at trial, it sometimes benefits the accused to accept a plea bargain as the penalties are almost always less than what would likely be handed out by the Judge at sentencing after being found guilty by a jury.

Occasionally, even an accused completely innocent of the charges, can benefit from a plea bargain because the consequences seem more favorable. The accused reasons that it is better to accept probation rather than risk losing at trial which will result in a jail sentence.

Of course, it is rare an innocent person pleads guilty so as not to face the potential jail time from losing at trial, but it does happen.

In short, the benefit for an accused to enter into a plea bargain agreement is to lessen his penalty for the alleged offense. Probation is common for first offenders in a plea bargain whereas that same accused in the same case would be sentenced to jail if he goes to trial and loses.

Lastly, it can not be stressed enough that negotiations for a plea agreement should not be the first option. The attorney should at least examine the evidence and talk with witnesses, including the arresting police officers. This will allow the attorney to clearly see possible defenses, weaknesses in both your case and the government's case. Then and only then can he best decide your course of action - trial or plea negotiations.

For more information contact the Law Office of Vincent Miceli [http://www.vincentmicelilaw.com/]. Exclusively handling criminal defense matters since 1994.

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Find a Flat Rate Fee for Criminal Expungement Legal Assistance

The cost of criminal expungement in Indiana differs. It all depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions, and court costs. Fortunately, there are law firms that do not charge a fee for your first consultation. This means you have nothing to lose and only knowledge to gain regarding your eligibility for criminal expungement, if you find the right law firm. Continue reading to learn what you need to know about criminal record expungement, including the average cost, the importance of finding a flat rate fee, and more.

What Can Be Sealed From Your Record

Misdemeanors, class D felonies, arrest records, and more can all potentially be eliminated from a person's criminal history. However, every case is different. The cost of a comprehensive criminal record expungement depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions and court cost. For instance, a single drunk driving conviction is relatively inexpensive to expunge; by contrast, several more serious convictions in numerous counties require considerably more skill and time to successfully remove from your record.

Always Hire an Attorney for Help With Your Petition

This is why it is important to consult a criminal defense attorney who specializes in criminal record expungement legal services. They can accurately determine whether or not you qualify for expungement. Furthermore, the process of expungement is quite complex and confusing. A licensed attorney can push your paperwork through for you so that there is no possibility for clerical error or missed deadlines. If you were to file incorrectly, even just misspelling your address, can have your petition denied forever. In fact, one of the rules to expunging a criminal record is that a person can only file ONCE IN A LIFETIME. A licensed criminal defense attorney can help you with every aspect of filing, paperwork, deadlines, and more, and ensure your petition is managed correctly.

Choose a Law Firm That Offers a Flat Fee

After consulting with you, in person or by telephone, a qualified legal team may be able to customize a flat fee structure and even a payment plan that suits your budget and financial needs. Keep in mind that there are several criminal defense law firms to choose from, and many do not offer flat rate fees for help with the record expungement petition process. Be sure to do your research and find a law firm that can offer you these amenities and more.

Call 317-636-7514 if you have a criminal record in Indiana. Their criminal defense law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, they are the criminal lawyers to trust for a hassle-free petitioning process.

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Uncategorized https://www.prolawguide.com/blog/find-a-flat-rate-fee-for-criminal-expungement-legal-assistance/ https://www.prolawguide.com/blog/find-a-flat-rate-fee-for-criminal-expungement-legal-assistance/ Editor Fri, 17 May 2019 04:27:34 -0400