Things To Keep In Mind When Fighting For Child Custody

child custody fightIt can be really difficult when two parents have to head to court to fight for custody. If you have never been in this situation it can be quite overwhelming. Here are a few things you need to make it a point to remember along the way.

Always think about the best interest of your child. This is essential since they are likely to be hurt by this more than anyone else. You do not want to fight for custody out of spite when you know the other person is in a better position to care for the child. Basically, avoid using your child as a pawn to get back at someone else.

Never lie or exaggerate when you are going through the process. Standing in front of a judge and being dishonest is a surefire way to place yourself on the losing end of the battle. Once it is clear that you are not being honest, a judge will have a difficult time believing anything you have to say. It is best to be totally honest and prevail on merit.

It is always a good idea to get a lawyer involved. Some people try to save money by handling this on their own, then they end up with egg on their face. This is not the time for frugality. It is more likely you will win your case if you have a legal eagle on your side helping you every step of the way.

As you already know, fighting for custody of a child is not something that should be taken lightly. If you are in this predicament and you want to increase your chances of doing well, you should follow all of the advice that was offered to you here.

Beware of Slip and Fall Accidents

man slipping and falling

Everybody who walks through any building is susceptible to slip and fall accidents. There are many repercussions for such mishaps which may include disability, serious or minor injuries or at the worst, death. It is, therefore, vital that you know how to avoid such incidents and what to do when they happen to you.

These incidents occur due to some reasons. There are always two people responsible for these incidents- the owner of the premises and the victim who fell. Negligence on the part of the owner of the premise might cause injuries; this can be regarding the wrong flooring materials, for example, smooth tiles and loose carpets.

In cases where premises have such material, the owner must either renovate the floors to remedy the situation or warn people of the potential dangers that might be caused by these floors. This can be done by using sign posts which warn users of the premise to be careful. If measures are taken, then the premises owner is not liable for injuries that occur within or outside the premises.

In cases where negligence was the cause of the fall, one might decide to sue the property owner for damages, especially if the injury caused by the fall has impacted seriously on one’s life. If the victim decides to sue, it is important to acquire an incident report from the premises where the incident occurred. This way, one can write one’s views on what happened and what one thinks caused the mishap. If there are people who have witnessed this incident, it is necessary to ask for their opinions and ensure that you have their contacts to prove your case when need be.

Staircases have contributed too to injuries, and it is the responsibility of the premise owner to repair any damage, however, small on the staircases. It is also recommended that the flooring materials used on staircases should not be slippery so as to reduce incidents. The railings should also be in good conditions.

Poor lighting can also lead to accidents as the users of the premise cannot see well, and this makes them vulnerable. Hospitals, in particular, should have proper lighting in all rooms as patients who are under medication are susceptible to falls. It is also important for other premise owners to ensure there is proper lighting at all times to avoid any incidences.

While on the outside, all the open holes must be closed to avoid anybody tripping and falling over. It is vital also to ensure that if there is wet grass or floor, warning signs are placed in strategic areas to make users aware of the condition. In cases where the building is under construction or any renovation, all users must be warned about such activities so as to avoid any occurrences. Premise owners are strongly advised to take insurance covers for their workers and buildings so as to protect everyone who uses the building.

On the part of fall victims, there is the need to exercise caution so as to avoid slip and fall accidents not to get a Slip and Fall Lawyer. Look out for the symbols that warn you of any potential danger and be careful. When under intoxication of any kind it is vital that you be more careful and if possible avoid any location that makes you susceptible to falls.

Understanding the Differences Between PIP and Med-Pay

You may have heard of the terms “Med-Pay” and “PIP” while exploring auto insurance options. The two are similar in that both Med-Pay and PIP are types of no-fault insurance that provide coverage for medical expenses you incur as a result of auto accident injuries.

However, there are some key differences between Med-Pay and PIP, most notably that PIP provides coverage for lost earnings, and a death benefit.

Read further for a more detailed explanation of these two no-fault insurances.

Medical Payments Coverage (Med-Pay)

If you are involved in an auto accident, Med-Pay will cover the cost of:

  • Medical care
  • Surgery
  • Dental care
  • Chiropractic care
  • Ambulatory services
  • Hospitalization
  • X-rays
  • Nursing services
  • Prosthetic devices
  • Funeral services

Med-Pay will cover you, anyone authorized to drive your car, passengers, and sometimes even pedestrians injured by you, regardless of fault. So, if you are involved in an auto accident, Med-Pay will pay for the medical expenses of anyone insured under your policy. However, it will not pay for pain and suffering.

Personal Injury Protection (PIP)

PIP offers the same coverage as Med-Pay, while going a lot further. It also covers services such as:

  • Psychiatric care
  • Physical therapy
  • Occupational therapy
  • Rehabilitation services
  • Many other health-related services

However, the most significant difference between PIP and Med-Pay is that PIP covers lost wages. If you are unable to return to work after the accident, PIP may cover your lost earnings and other expenses incurred while you were unable to work.

Lastly, PIP can offer some death benefits to your survivors, should you pass on as a result of the accident. If you are killed in a fatal accident, PIP coverage may provide benefits to anyone related to you by blood, marriage, or adoption.

Which is Right for You?

The main difference between PIP and Med-Pay is that Med-Pay covers your medical expenses – and those of anyone under your policy – resulting from an auto accident. PIP, on the other hand, covers your medical expense and lost earnings, and may provide certain death benefits on top, if the need arises. It should be noted, however, that neither is a substitute for regular health insurance.

Contact an Experienced Personal Injury Attorney Today

Personal injury lawyers handle personal injury cases that involve both Med-Pay and liability payments to people injured in accidents. If you have questions about Med-Pay and PIP and how they can be used to pay for the medical treatment that you or someone you love needs, call a qualified injury attorney.

Apple vs. the Government:

Should Apple Be Forced to Open a Back Door to Customer Security?
Last February 16, Apple CEO Tim Cook wrote a public letter to Apple customers, detailing the demand of the US government for the company to unlock an iPhone of one of Apple’s users. The owner of the iPhone was suspected shooter Syed Rizwan Farook, who was arrested for involvement in the San Bernardino incident last December, which killed 14 and injured 22.

Cook clearly intends to fight the order of the FBI because he says, “It threatens the security of our customers.” He adds that Apple is “deeply committed to safeguarding data” and that this request by the government has far-reaching implications.

Just imagine if anyone, especially the government, had a backdoor access to every piece of information on your smartphone. Your life would be an open book. The security implications and risks are tremendous and could easily get out of hand because, as Cook explains, “The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices.”

A Central California judge, Sheri Pym, has ordered Apple to create software for the FBI that would allow them to bypass the phone’s self-destruct mechanism and break the password of Farook – something called bruteforce.

Is Terrorism a Good Enough Reason?

The world is becoming a scarier place and the government (through its FBI and police) is at a disadvantage when fighting criminality and terrorism. Often, they come up empty, as in the case of Farook’s phone, which they have been unsuccessful in unlocking for the past two months. FBI Director James Comey has been very vocal about how smartphone encryptions have hampered their efforts to fight crime. For most of 2015, Comey had been pushing that the All Writs Act of 1789 should compel companies to provide them with legal access to smartphones. Presidential candidate Hillary Clinton has openly called for a “Manhattan-like project” to break encryption to help law enforcers.

According to Kevin Bankston of New America’s Open Technology Institute, compelling a company like Apple to create a backdoor to their security features could set a legal precedent for the government to require the same of other companies in the future. This could lead to secret installation of specific malware in all operating systems for all electronic devices. This would mean loss of trust in digital devices and a compromise in the growth of an industry on which the world has come to depend.

Cook has said that should Apple be forced to create a backdoor to their security encryption and allow the FBI access, there is no guarantee that it will be safe in the hands of the FBI. This code, like a master key, would be able to open any Apple product and the company would not be able to control access or provide the same security guarantee all Apple users enjoy now.

The Question Is: Isn’t There Any Other Way to Fight Crime and Terrorism?

A weakened encryption affects everyone and increases the risks to hacking and cybercrime. Even those who create the backdoor will have the power to break into any phone. The implications are chilling. Your personal and private information will be available to anyone with this master key. At any time, a person with access to this code can be victimized to give the code.

In addition, the court order to turn off a security feature with new software so the FBI can “bruteforce” the phone suggests that the code should be given to the FBI immediately. This means Apple will have no time to test or debug the new software.

And with all that has happened, another issue has come to light: Apple’s security is not really that secure after all, as someone out there might decide to independently create that backdoor entry now that it has been confirmed as capable. Furthermore, from the point of the government, forcing a private entity to do something it does not want to do has scary written all over it.

The bottom line: There should be another way to fight crime and terrorism.

Greyhound Pays $6 Million to Settle Bus Turnover Case

After failing to block a court-ordered sleep apnea test for one of its drivers, Greyhound Lines reached a $6 million settlement with five passengers injured on a 2013 trip between Cincinnati and Detroit, when the bus drove off Interstate 70 in the middle of the night. By the time the bus came to rest, it had traveled at least a hundred feet off the highway and turned over several times.

The lead plaintiff maintained the bus driver had passed out; she and four other passengers suffered varied injuries, including neck and back injuries and compound fractures. They sued the bus line and the driver in Texas, where Greyhound is headquartered.

A key issue was why the driver lost consciousness; lawyers for Greyhound argued it was because he choked on some coffee he was drinking behind the wheel. But the Houston-based personal injury attorney representing the plaintiffs discovered that, five weeks before the crash, a Department of Transportation medical examiner who suspected the driver had sleep apnea and had advised the company to have the driver tested for that condition.

A frequently undiagnosed breathing disorder, in sleep apnea breathing is interrupted during a sleep session as often as hundreds of times. Left untreated, it can cause cardiovascular problems and chronic fatigue. The National Transportation Safety Board says driver fatigue is a factor in one-fifth of traffic accidents seen in its investigations.

To hold a commercial driver’s license, a driver must meet the standards set by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), for knowledge, skills, and physical fitness; regular medical examinations are required.

Medical examiners are responsible for certifying a driver is fit to drive, not diagnosing or treating conditions. A medical examiner who suspects a driver has an undiagnosed or deteriorating condition must refer the driver to additional evaluation or testing.

Because Greyhound had not acted on the medical examiner’s warning and allowed the driver to stay on the road untested, plaintiffs asked the trial judge to order sleep apnea testing for the bus driver. Greyhound strenuously objected, but the judge agreed. Greyhound unsuccessfully appealed the order. Once it became clear the test would be done, the company began serious settlement talks, which led to the $6 million agreement.

How federal regulators should deal with sleep apnea remains a source of some controversy. In 2008, agency medical advisors had recommended screening all drivers for sleep apnea. But the FMCSA has never adopted official guidance on testing sleep apnea, much less mandated it. (Proposed guidance was withdrawn in April 2012, a week after it was proposed).

Following industry complaints some medical examiners were ordering testing based on unofficial criteria – such as the driver’s body mass index or neck size – in the fall of 2013, Congress passed, and President Obama signed, a law barring FMCSA from basing its sleep apnea policy merely on guidance statements; So if the agency wants to require sleep apnea testing, it must use formal rulemaking. To date, the agency has not issued official guidance or started rulemaking in the area.

About Family Law and the Advantages of Hiring an Attorney

Family law is a relatively brand-new approach of disagreement resolution. It has many benefits over pursuing litigation in the courts, that should be considered by anybody who is in the midst of a contested separation or custody battle. In this article we check out the advantages of family regulation in a lot more detail, allowing you to recognize the ways in which it could possibly assist you and also your loved ones.

The advantages of household regulation

During the family regulation procedure, you as well as your ex-partner will certainly each advise a specially qualified legal professional. A date is then set the initial four-way conference where you, your ex-partner and also both your legal representatives integrated to go over the concerns handy. This can cover all kinds of complaints, from child care arrangements to the department of possessions. If the procedure is functioning well, you will certainly continue with these four-way conferences, airing your worries prior to working out a mutually-acceptable arrangement.

This strategy to fixing family disputes does, therefore, have numerous benefits. This consist of:

Open interaction: during the conferences, everyone has a channel in which to reveal their worries in a safe as well as non-confrontational manner. Having your lawful professionals existing also makes sure each celebration has a reasonable say and that any sort of misunderstandings are lowered.

Self-respect and also respect: before accepting the procedure, each party needs to assure to act in great faith. This implies you acknowledge the significance of fair, friendly conversations. This will certainly help keep your dignity and also respect for each other, all the while avoiding any sort of bitter conflicts being played out on the court, something which can be very damaging to both you and your kids.

Legal assistance: unlike arbitration, you have your lawful specialist who will provide support as well as advice at every phase of the proceedings. Before and after every conference you will speak with your attorney, giving you the opportunity to seek their specialist insight.

Control: with a collective legislation, the decision making it totally in the hands of you and your ex-partner. This opposes court procedures, where judgments concerning your future are made by a court. Keeping control will certainly guarantee you achieve a verdict you enjoy with. It will certainly likewise help reduce expenses and speed up the procedure up.

Confidential: everything that is said throughout your conferences stays confidential. So also if your conflict does go to court, your previous discussions could not be used as proof.

Family Law, To Resolve Your Family Conflicts

Family law is the area of regulation that involves various facets of family members relations. The household legislation concentrates on family-related issues as well as residential connections such as divorce, kid custodianship, alimony, spousal misuse, ill-treatment of youngsters, visitation rights, child assistance and so forth. Household regulation is a large as well as very specialized location. In mostly all territories, family members courts are one of the most crowded.

You have to take into consideration a couple of points when thinking about employing criminal defense attorneys. It is important that your lawyer has years of proven experience when he handled the instance this such as your situation.

Choosing the best lawyers for you can depend on several aspects including their encounter in your kind of case, their present workload, the specifics of your instance and certainly, their costs. However when you do decide regarding who to work with, it needs to be based on choosing a lawyer with which you feel comfy working with and with whom you feel you will be able to set up an attorneys-client connection.

Household troubles can be very upsetting as well as distressing, and also the very best way to handle them is with the assistance of family members legislation attorneys practicing family members law.

If you’re trying to identify a method to locate the right household regulation lawyer there are numerous approaches available. You can use our referral solution to your city that will certainly help you locate specialized legal representatives.

There are numerous family legal issues in this world. Yet, thanks to family regulation attorneys, they could be addressed with tact and also consistency. Your household, good friends or coworkers may understand of an excellent attorney that can assist you through your time of need.

Civil union conflicts that caused legal actions are the expanding part of Family members Regulation. The legislation considers the fact that a civil union is a best selection which has been joined with typical marriage and only with a claim will certainly the dissolution of the civil union be obtained. Furthermore, various other concerns included in the regulation are adoption as well as youngster safekeeping, property and also inheritance issues, as well as a great deal a lot more.

Family Legislation could not be limited by the restrictions of societal, financial or lawful regulations. There are a lot of variables as well as complexities including human partnerships that standards in several countries cover with diverse legitimacies. Still, this can be connected to the fundamental social and state regulations of each nation.

To further describe, a family members could be identified by a group of individuals connected by blood kinship, which straight describes those originating from the exact same forefather. One more description of a family members is by affinity, which signifies the feeling of affection or sensation or kinship.

Furthermore, people or a team of people dwelling in one home in addition to carrying out duties of a family members or household is deemed the family members by co-residence affiliation. The family unit can consist of a daddy or mom as well as kid or kids in addition to other individuals sharing blood connections and staying with each other.

With such exigencies, family law has actually been broadened to add couples who do not wish to marry. Household Regulation includes well-detailed information relating to all kind of household connected problems. The law is linked to situations of divorce, separation, annulment, distribution of property obtained during the marital relationship, violence and also abuse in the marital relationship.

When family troubles show up, this is typically quite difficult, as well as the most efficient method to take care of them is by acquiring the legal advice of an attorney exercising family members legislation. Nevertheless, it is much better making certain you pick a new attorney baseding on abilities and also expertise as opposed to those supporteded by friends or enjoyed ones. You can try to find a checklist of certified lawyers to assist you in managing household legislation cases.

Some information especially in comprehending family members legislation need to be thought about when taking care of these scenarios. Family legislation lawyers are the specialists in all the legal aspects associated with such cases. They could possibly provide solutions for the objective of guarding your passion right negotiation of the concerns grown throughout your civil union.

Constantly involve your friends and family together with your household law attorney in your issue. In this way, you could obtain as many opinions as possible from your loved ones. Your legal representative could assist you select one of the most relevant guidance to make your family case stronger compared to in the past.