Pages Navigation Menu

Not So Neighborly Legal Issues

Cyberbullying With Kids: 3 Things You Should Know

Posted by on Apr 29, 2016 in Uncategorized | Comments Off on Cyberbullying With Kids: 3 Things You Should Know

One of the newer ways kids are bullying each other is through electronics and technology. This is referred to as cyberbullying, and it is becoming a huge problem in today’s society. Because this is a newer type of problem, there are very few laws in place that hold bullies accountable for their actions. If you suspect that your child might be being cyberbullied, here are several things you should know. What exactly is cyberbullying? Cyberbullying is any type of bullying that occurs through electronics, such as phones, computers, and tablets. It may involve direct communication from a bully to a victim or public communication. For example, a person may bully another through texts, private messages, or emails, and these are all considered forms of direct bullying. Public bullying can involve posting messages that anyone can see, and this could be through social media sites or chat rooms. In any case, cyberbullying is hurtful and can have devastating effects on the victim. What challenges are involved with cyberbullying? When a person is bullied at school or on the bus, it is easy to know who the bully is; however, this is not the case with cyberbullying. One of the biggest challenges with cyberbullying is finding out who the bully actually is. With the ability to set up fake accounts and log in from almost any device, bullies are capable of hiding their identities relatively easily. If you cannot find out who the bully is, it can be hard to put a stop to it. The other key challenge is that cyberbullying opens up the opportunity for a person to bully someone else 24 hours a day. This means that your child may not be safe from bullying no matter where he or she is or what time of day it is. What can you do about it? If your child admits that he or she is being cyberbullied, you may want to take immediate action to make this stop. Kids who are bullied tend to perform worse in school and have higher risks of turning to drugs or alcohol. You might be able to put a stop to this by talking to your child’s school or the parents of the bully. If this does not help, you could talk to a family lawyer. While there are few laws on cyberbullying, many states are beginning to develop new laws relating to this subject. In fact, there are 14 states that currently view cyberbullying as a criminal offense. To protect your child, you should seek legal help if this issue seems to be bothering your child in any way. To learn more, contact a family lawyer in your area...

read more

Get It Back:What To Know About Social Security Back Pay

Posted by on Apr 29, 2016 in Uncategorized | Comments Off on Get It Back:What To Know About Social Security Back Pay

Your Social Security benefits accumulate throughout your lifetime; a certain dollar amount out of every dollar you earn is set aside for you to use if you can no longer work at your job due to a medical condition. While this money is actually yours, the Social Security Administration (SSA) requires that your illness meet certain rules in order to be paid those benefits. The timing of events that determine when you can begin receiving benefits is a little complicated, so read on for a better understanding of what goes into determining back pay. Your Application Date You should not delay in filing your Social Security application for benefits. The application and approval process moves at a slow pace, and the sooner you apply, the sooner you’ll get benefits. A key factor in your application is the Alleged Onset Date (AOD). This is the day that you say that you became disabled. AOD and Back Pay If you have worked enough and put enough money into the Social Security system and you are deemed to be medically qualified, you will be approved for benefits. Since the process is so lengthy, you may be entitled to back pay, which is a lump sum payment of benefits that you would have been entitled to if your payments had began at the time of your AOD. There is also a 5 month waiting period, explained below. AOD and EOD If the SSA approves your claim, you will be provided with the date that they have decided your disability began, the Established Onset Date (EOD). The SSA may not agree with the date you said you became disabled. They will use your medical and employment records to investigate the validity of this date. The importance of your AOD and your EOD being the same could be the difference in hundreds or even thousands of dollars of back pay, so this is a vital determination. You may appeal this decision, but proceed cautiously and speak with your Social Security attorney before making this decision since appealing could impact your claim dramatically. Calculating Back Pay and the Five Month Waiting Period Your back pay is calculated by counting the months from your EOD to the month of your approval, when you began receiving regular monthly payments. You must then subtract 5 months for the mandatory waiting period. For example, if your EOD was June of 2014 and you were approved in January of 2016 your back pay would begin to be counted on November of 2014. You would be entitled to a total of 14 months of back pay. For more information, contact Timothy  W Hudson Attorney or a similar legal...

read more

Reasons An Unhappy Marriage Is Worse For A Child Than A Divorce

Posted by on Apr 8, 2016 in Uncategorized | Comments Off on Reasons An Unhappy Marriage Is Worse For A Child Than A Divorce

Did you know there are 1.5 million children in the United States with parents who get a divorce every year? One of the biggest concerns for two individuals in an unhappy marriage is the welfare of their children. Unfortunately, this drives some parents to stay in their unhappy marriage to protect their children. What parents in this situation need to realize is a good divorce is better for children than a bad marriage for a lot of different reasons. You May Find a New Drive After The Divorce While this isn’t the case with everyone, some divorced parents develop a whole new mojo and drive to get things done. Staying in an unhappy marriage can cause a person to slip into depression. Depression can make an individual lose the desire to do or strive for certain things. The release and relief of ending the unhappy marriage could be just what the parent needs to start living his or her life and accomplishing goals again. You Are Teaching Your Children How Important Personal Happiness Is Naturally, the most important thing to you is your children. In fact, putting your children before yourself is what many consider being a gold standard in the world of parenting. This, however, does not mean you should sacrifice your own happiness 100 percent of the time. Teaching your child how important it is to end a relationship you are not happy in will send a powerful message your child can carry with him or her for the rest of his or her life. After all, the last thing you want is for your child to remain in a relationship he or she is unhappy or unsafe in at any point in time during his or her life. You Create a Calmer Household An excessive amount of fighting and arguing is not healthy for a child. The last thing a growing child needs is to be surrounded by a negative environment. If you are unhappy in your marriage, you are only going to be able to pretend to be happy for so long. Furthermore, settling for a marriage you are unhappy in sends all the wrong messages to your child. In addition to teaching your child that staying in a relationship, he or she is unhappy in is alright, you are also teaching your child that it is alright to pretend to be happy. In reality, you should want for your child to be happy instead of pretending. For more information about divorce, consider websites...

read more

Tips For Filing An Auto Accident Lawsuit In Oregon

Posted by on Feb 23, 2016 in Uncategorized | Comments Off on Tips For Filing An Auto Accident Lawsuit In Oregon

If you got into a car crash and have some serious bills to pay as a direct result, then a lawsuit might be a viable option for you. However, lawsuits are not the best choice in every case or even in every state. Laws can vary dramatically from state to state, which means that you need to know exactly how your state will treat to your case. To help you out with that, here are some such laws that will come into play when filing a car accident lawsuit in Oregon: At-Fault Insurance Oregon is an at-fault state when it comes to auto insurance, which is quite different from no-fault insurance. In at-fault insurance states, you have the option to file a lawsuit after any auto accident. If your lawsuit fails or if you decide that you don’t want to file a lawsuit at all, then you can pursue an insurance claim. To give you even more choices, you can actually choose whether you want to file the claim with your own insurance company or the other party’s insurance company. In no-fault states, you cannot file a lawsuit after most car accidents. You will be forced to pursue an insurance claim instead, unless you meet some very specific criteria. On the other hand, if your car accident resulted in some extremely serious injuries that will impact you for life, then you can file a lawsuit. This distinction means that Oregon gives you a lot more versatility and leeway than other states when it comes to car accidents and lawsuits. Statute of Limitations Car accident lawsuits usually fall under the personal injury category, but if someone died, then a wrongful death lawsuit would be more fitting. In many states, these have the same statute of limitations, but in Oregon, the limits are 2 and 3 years respectively for personal injury and wrongful death lawsuits. This means that you will need to file your lawsuit fairly quickly. If you fail to do so, then your case could be shot down before it even has a chance to prove itself in court. There are some extenuating circumstances that you might qualify for, such as being a minor at the time of the accident or sustaining injuries that didn’t show themselves until many years after the accident. In either of those cases, the statute of limitations begins counting from the date that you can really file the lawsuit. For minors, that means the date that you legally become an adult, and for discovered injuries, that tends to mean the date of discovery. Contact a personal injury lawyer for more...

read more

Tips For Filing A Lawsuit If You Were Bitten By A Dog In Oregon

Posted by on Feb 23, 2016 in Uncategorized | Comments Off on Tips For Filing A Lawsuit If You Were Bitten By A Dog In Oregon

If you were bitten by a dog, then you might be able to successfully file a lawsuit. Before committing to a lawsuit, you need to make sure that you understand the laws in your state that will affect your suit. Your injury might be the grounds for an easy win in one state, but it might be thrown out of court immediately in another state. To help you make sure that a lawsuit is the right option for you, here are some of the laws that will affect a dog bite lawsuit in Oregon: The One Bite Rule One of the most important ideas to understand is the one bite rule, which states that the owner is not responsible for the first act of aggression by their dog. In other words, you cannot sue the owner if you were bitten by their dog and they had no reason to suspect that their dog would act aggressively. Oregon does abide by this rule, so you need to make sure that your lawsuit is strong before proceeding. If the defense can prove that their dog had never bitten anyone before, then you will need to supply evidence that will prove otherwise. Trespassing and Provocation Your lawsuit will likely fail if you were trespassing at the time of the bite or if you provoked the dog in question. If you fit either of these criteria, then you need to think about whether a lawsuit is the right course of action. You could end up spending a lot of time and money on your lawsuit, only to realize that you never had a chance of winning in the first place. The Statute of Limitations Dog bites fall into the personal injury category, which means that you have 2 years to file your lawsuit in Oregon. Dog bites are a little more straightforward than other types of injuries, which likely means that you cannot get an extension. The injuries from a dog bite will generally be immediately noticeable, so you can’t really claim that you discovered your injuries long after the bite actually happened. There is a key exception though, and that is when a minor was the victim. Minors cannot file lawsuits on their own behalf, so they may need to wait until they legally become an adult to file. If you were a minor at the time of the bite, then you can likely get 2 years to file from the date that you become an adult. Of course, a lawsuit could also be filed on behalf of the minor by a parent or guardian long before the victim turns 18. In that case, the exact statute of limitations can get pretty tricky, so you might want to talk to a lawyer to figure out how much time you really have. To learn more, contact a law firm like Elliott & MacLean...

read more

You’ve Been Bitten By A Dog: 4 Important Steps To Take

Posted by on Feb 5, 2016 in Uncategorized | Comments Off on You’ve Been Bitten By A Dog: 4 Important Steps To Take

Being bitten by a dog can leave you with injuries, both physical and emotional, that will require professional attention. If you’ve been bitten by a dog, you may be entitled to monetary compensation for your pain and suffering. However, to ensure you receive the compensation you’re entitled to, there are some steps you should take that will protect your rights. Here are four things you should do if you’ve been the victim of a dog bite.  Locate the Owners If you’ve been bitten by a dog, you should try to locate the owners as soon as possible. This is important because you’ll need information about the dog for your medical care. For instance, it’s important to know if the dog is current with its vaccinations, especially the rabies shots. File a Report If you’ve been bitten by a dog, you need to file a report with police department, as well as with the animal control agency in your area. Reporting the incident will serve two functions. First, if the dog has never bitten before, the report will begin a paper trail that will be useful if it should bite someone else. Second, if it has bitten before, it will provide additional evidence that officials can use against the dog and its owners. This is particularly important if the dog has the potential of becoming a danger to the community. Speak to an Attorney If you’ve suffered serious injuries, you should speak to an attorney (such as one from The Kirbo Law Firm) as soon as possible. This is especially important if you’re having a difficult time obtaining information from the dog’s owners. If the owners are denying responsibility, you’ll need legal assistance to receive assistance for medical care and other costs associated with the injuries. Document the Injuries If you have access to a camera, you should take pictures of the injuries as soon as possible. Continue taking pictures of the injuries throughout the healing process. Photographs will help your attorney document the severity of the injuries. This evidence will be particularly beneficial should the owners of the dog dispute your injury claim. In addition, should your case go to trial, the photographs will provide evidence of the injuries for the court to view. Dog bites can leave you traumatized. If you’ve been bitten by a dog, you need to make sure that you get the help you need. The tips provided here will help you receive the compensation you’re entitled...

read more

Three Topics To Discuss When Hiring A Criminal Attorney

Posted by on Jan 18, 2016 in Uncategorized | Comments Off on Three Topics To Discuss When Hiring A Criminal Attorney

Having a brush with the law can be unnerving, especially if you’re new to the experience. However, having a skilled criminal attorney in your corner can make you feel much more comfortable about a positive resolution to your legal situation. It’s valuable to hire a criminal attorney as quickly as possible, although you shouldn’t rush the process because it’s important to find the right attorney for your case. You’ll likely find yourself talking to a few different attorneys to discuss how their credentials will suit you. During these discussions, be sure to cover these three crucial topics before you decide which attorney to hire to represent you. Likelihood And Outcome Of A Plea Agreement Given that you’ll want to hire a criminal attorney who has handled past cases that share similarities with yours, you can benefit from asking about the chance of a plea agreement being reached. Criminal cases are often settled with a plea agreement to avoid lengthy court cases with unpredictable outcomes. Short of being fully exonerated, think about the plea agreement that could suit you. Would you pay a fine? Settle for community service? By talking about this topic with the attorney, you’ll be able to get a sense whether a plea agreement is likely and, if so, what its outcome could look like. Courses And Programs An experienced criminal attorney can advise you about any courses and programs in which your immediate membership would be valuable. For example, if you’ve been charged with an assault, the attorney might recommend that you sign up for an anger-management program. For a drug case, it’s sensible to get into a rehabilitation program as soon as possible. Getting this advice is valuable because your attorney will be able to present these facts in court to show that you’re accepting responsibility for any mistakes you may have made, and you are taking steps to avoid similar situations in the future. Using Experts It’s useful to talk to the criminal attorney about the network of experts that he or she uses to strengthen clients’ cases. Ideally, you’ll want to hear about reputable people who can meet with you to support your case. For example, a respected psychologist who can attest to your personality profile can prove a valuable tool for your defense. The attorney should be able to suggest a group of experts and also explain how he or she will use them to help you...

read more

10 Warning Signs That You Need A Workers’ Compensation Lawyer

Posted by on Dec 30, 2015 in Uncategorized | Comments Off on 10 Warning Signs That You Need A Workers’ Compensation Lawyer

Your job-related injury is likely covered by your employer’s workers’ compensation insurance, but claims are not always paid in a timely and trouble-free manner. This insurance is meant to cover your medical expenses and a portion of your lost wages if you are injured on the job. It’s important that you inform your supervisor immediately and follow up to ensure that the reports are filled out and filed once you discover your injury. Unfortunately, even if you do everything possible to make sure that your claim is filed, you may encounter situations where you need to seek professional legal help. Read on to learn some signs that you may need to talk with an attorney, like Gilbert, Blaszcyk & Milburn LLP. 1. You have been forced to use your own medical insurance or pay out of your pocket for the medical expenses associated with your injury due your employer’s failure to file a timely claim. 2. Your employer has not filed your claim or is disputing some of facts of the incident and/or delaying the filing of the claim. 3. You have been left with injuries so severe that you fear you will never be able to work at your job, or any job, again. 4. Your injuries resulted in a long hospital stay, coma, amputation, a long convalescence and/or major surgery. 5. Your doctor has informed you that your injuries may be permanent and that a full recovery may not be possible. 6. You have been denied your claim by your employer’s workers’ comp insurance company or your state’s workers’ comp board. 7. You have reason to doubt that you are receiving the full benefits that you are entitled to as a result of injury. For example, you may have been asked to return to work before you are fully healed. 8. Your injury has left you unable to cope with issues surrounding your claim. For example, a serious brain injury has left you unable to properly fight for your rights to coverage. 9. You have an injury that is more difficult to prove. Many mental health issues fall into this category, such as severe and debilitating anxiety caused by an unusually stressful work environment. 10. Your injury is the result of an accumulation of repeated incidents. This type of injury, such as carpal tunnel syndrome, happens gradually over time rather than a one-time event. Toxic exposure situations, such as asbestos, is another example of an injury where the full result may not be known until later. Experiencing any one of the above issues should cause concern. Never simply accept adverse rulings and denials; you have the right to be fairly compensated for your work-related injuries. Contact a workers’ comp attorney as soon as you sense that your claim process is not progressing...

read more

5 Consequences Of A DUI Conviction

Posted by on Dec 14, 2015 in Uncategorized | Comments Off on 5 Consequences Of A DUI Conviction

Whether it is your first offense or not, getting arrested for a DUI is not something you should take lightly. Even if you avoid jail time, you may have to deal with some long-term ramifications if you are found guilty. Here are five consequences of a DUI conviction: Your Driver’s License Could Get Taken Away If you are convicted off a DUI, there is a good chance that your driver’s license will get revoked for a while. Not being able to drive can make your life a lot more difficult, especially if you live in an area without public transportation. You will be forced to rely on other people to give you rides to work, school, and even the grocery store. You May Have Difficulties Getting a Job When you have a DUI conviction on your record, getting certain jobs may be much more difficult. For example, you may never be able to get a job that involves driving a vehicle, such as truck driving, pizza delivery, or cab driving. Your Car Insurance Rates May Go Up Higher car insurance premiums are something else you have to worry about with a DUI conviction. Your insurance company will likely consider you a high risk and charge you more money for insurance every month. These higher insurance rates may be difficult to pay, especially if you are on a tight budget. You May Have to Take Substance Abuse Classes If the judge believes it is necessary, he may require you to take substance abuse classes after being convicted with a DUI. These classes will not just take up a lot of your time; they will also cost you money. It Can Negatively Affect Your Personal Relationships If you get convicted with a DUI, it may negatively affect the way your family members and friends feel about you. They may think you are irresponsible and never get in the car when you are behind the wheel. Some of your family and friends may also think you have a drinking problem. Having your loved ones lose trust in you can have a terrible effect on your self-esteem. As you can see, a DUI conviction can have many negative effects on your life. If you were just charged with a DUI, you need to talk to an experienced criminal lawyer as soon as possible. He may be able to help reduce or dismiss your charges. To speak to a DUI lawyer, contact a law firm such as Boehmer...

read more

Can Allegations Of Benefits Fraud Help Your Divorce Or Custody Case?

Posted by on Nov 27, 2015 in Uncategorized | Comments Off on Can Allegations Of Benefits Fraud Help Your Divorce Or Custody Case?

If you’ve recently divorced your spouse after suffering through years of freeloading behavior, you may be mortified (but not really surprised) to discover your spouse is committing benefits fraud. This fraud can take a number of forms — from forging medical paperwork to secure federal disability benefits to lying about income or assets to qualify for food stamps. What, if anything, should you do upon learning of your ex’s fraudulent ways? Can this serve as grounds to change your custody or support agreement? Read on to learn more about how alleging benefits fraud could impact your case. What should you do upon discovering your ex is committing benefits fraud?  Each federal agency that provides cash assistance to citizens (like the Social Security Administration (SSA), U.S. Department of Agriculture (USDA), or Department of Housing and Urban Development) has a dedicated group of employees tasked with identifying and rooting out fraud. By making an anonymous report to the overseeing authority, you’ll be able to ensure that a file is opened on your ex-spouse and any allegations of fraud are thoroughly investigated. Many public funds are also administered by various state agencies. While it’s less likely these agencies have their own fraud divisions, most states do have ways to report fraud to be investigated by the state’s Attorney General or other enforcement entity.  Will reporting benefits fraud to the divorce court impact your case? Even after reporting this benefits fraud to the appropriate regulatory agency, you may be tempted to use this information as leverage against your ex-spouse to secure more child support or a more favorable custody agreement. Unfortunately, unless this fraud is serious or blatant enough to call into question your ex’s mental state, it’s unlikely to have any impact on a pre-existing custody arrangement. However, your ex’s benefit fraud may have gone hand-in-hand with hiding income or assets from the divorce court — and this could potentially impact your child support agreement. If your ex was able to commit fraud by taking payments in cash from his or her employer and avoiding taxes on this amount, it’s possible the amount of child support he or she was ordered to pay was inadequate. If the divorce court determines that your ex-spouse has been hiding money in an attempt to qualify for government benefits, your ex may be ordered to pay any extra child support owed dating back to when the fraud first began.  For more information, contact a family lawyer, like those at the Law office of Kristine A. Michael,...

read more