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July 18, 2022 by

Impaired Driving – Will I Get Caught?

As DUI lawyers we hear tons of stories from people in terms of what was going with the impaired driving case. It’s amazing the number of people who come into our office after being charged with a DUI and say this is the first and only time they have done this. The percentages are staggering when it comes to this, and please understand, as impaired driving lawyers, we’re not here to judge; we’re here to help you. Whether it’s your first time or one-hundredth time, our DUI attorneys will help you with your impaired driving case. Here is how an attorney will help your case, according to our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law.

DUI Lawyer

Driving under the influence or DUI involves operating a motor vehicle while under the influence of alcohol or some other controlled substance. It’s important to note that it’s not illegal to drink and drive, but it’s illegal to drink, have a blood alcohol content level above .08 which is the legal limit, and then operate a motor vehicle. Operation is a key distinction in the law, because a lot of times we hear from people I just sat down in the driver’s seat. The key distinction is were your keys in the ignition. If they’re in the ignition this would be considered operating the motor vehicle and if you blew above a .08, they could charge you with driving while impaired or DWI and may be able to convict you.

DWI Lawyer

Does the number of prior impaired driving cases affect you? The answer is definitely yes. Every state and jurisdiction has punishment levels for driving while impaired or DWI cases. The more you have, the higher your punishment level. Also, there’s a thing called habitual impaired driving, which is typically after your third DUI, they can habitualize your DUI and send you to prison. Uber, Lyft and a host of other transportation services are out there so you don’t find yourselves in this situation. Please be cognizant of the effect another DWI can have on your record and also that it can send you to prison.

Impaired Driving Attorneys

DUI’s and DWI’s come with them a lot of little idiosyncratic details that it’s vital to be aware of before you make the mistake of driving while impaired. We recommend you speak with a top rated DWI lawyer. They will do everything they can to help you with a DUI charge, license revocation issues, and help you get back on your feet after being charged with impaired driving.

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July 15, 2022 by

When Accidents Turn Into Wrongful Death

Wrongful death happens when someone dies due to the negligence, willful, or careless act of another person. Surviving family members who lost someone in a personal injury accident may want to file a claim against those at-fault in honor of their loved one taken too quickly. There is no amount of money that can bring a life back, but at the very least, close relatives can get the financial support they need as they grieve this period. 

Depending on state law, there are certain family members who may be able to bring forward a wrongful death lawsuit, including the spouse, parents, children, grandparents, or other heirs. There are a multitude of ways that a wrongful death can happen, and the most common of which have been described below:

Auto Accidents

The most prevalent reason why wrongful deaths happen across the nation is due to car accidents. Each year, drivers go out onto the road while drunk, impaired, or aggressive. Innocent people may have to suffer the consequences for a driver’s reckless behavior. Someone who speeds, runs red lights, swerves between traffic, or otherwise engages in hostile maneuvers may cause a tragic car accident where some people don’t survive. All it takes is a few minutes out on the highways or streets to witness car drivers driving in a way that threatens the safety of those nearby.

Workplace Accidents

There are many workplaces that are dangerous in essence, such as construction jobs and other fields that entail working with heavy machinery. But even if a job comes along with inherent dangers, it doesn’t mean workers should accept when serious injury has happened to them. Surviving loved ones may feel further wounded in their grief and suffering after learning that an employer may have been responsible for losing their cherished relative. An employer may have failed to provide proper safety equipment or failed to address a safety-related issue. A deeper look into the factors of the workplace accident may be needed to know whether there are grounds for filing a wrongful death lawsuit.

Medical Malpractice

Doctors are held to certain standards of care, essentially meaning that they cannot just practice medicine in any way they want. There are expectations within the medical community that they must follow. A doctor or other medical professional who strays from these expectations which then leads to patient harm or death, may find themselves faced with a wrongful death lawsuit. Basically, a doctor may be held liable for a patient’s death if another doctor with similar experience and in an alike situation would not have made the same mistake. Wrongful death may have happened due to an incorrect diagnosis, delayed diagnosis, surgical error, prescription error, wrong treatment plan, or other oversight. 

Before filing a lawsuit, as a personal injury lawyer, that further investigation into the situation may be needed. If you suspect that a loved one has passed away wrongfully, there are actions you can take. By law, surviving family members have the right to pursue a wrongful death case against the individual, company, or other entities responsible. 

Filed Under: Uncategorized

July 15, 2022 by

Your Responsibilities as a Custodial Parent

Child Custody Lawyer

Dealing with a divorce is never easy, and when you have children it can be especially difficult. Fortunately, there are steps you can take to ensure you’re still able to see your kids as much as possible, and even take an active hand in raising them right.

As a child custody lawyer Kansas City, KS residents prefer, such as our friends at the Law Office of Daniel E. Stuart, P.A. can explain, child custody is a complicated battle that has the potential to make your divorce even more bitter than it already is. Many divorces go surprisingly smoothly until it’s time to decide who gets the kids, and who gets the money.

Read on to learn more about your options for child custody, and see how the getting in touch with the right lawyers can make all the difference when it’s time to fight for your kids.

What is a Custodial Parent?

During a divorce, the court usually awards custody to one of the parents, while the other parent only receives visitation rights. The parent who is awarded custody is the custodial parent, and – as the name suggests – will handle most of the responsibilities associated with raising children. A custodial parent’s job is to ensure his or her child’s best development, and it takes a lot of work.

When you’re a custodial parent, you have to shoulder a lot of responsibility. You’ll need to feed, shelter, and clothe your child (or children) and you’ll have to take them to and from school. You’ll also need to make sure they’re healthy: Taking them to medical appointments also falls under your long list of responsibilities. And if your child participates in extracurricular activities, that’s your wheelhouse also.

As a custodial parent, you’re in charge of making sure your child is raised right, and you’re in charge of making sure they have everything they need to grow into healthy, well-balanced adults. It’s a lot of work, but it comes with a major advantage: You get to see your child all the time, and you get to watch him or her grow up.

What are Visitation Rights?

If you haven’t been awarded custody, the court may award you with visitation rights. As a non-custodial parent, you won’t have as many responsibilities as your ex, and you won’t have to take part so much in fostering your child’s wellbeing and development. However, this means you won’t be able to see your child as often as you’d like, and you’ll be stuck with following a set visitation schedule that may only add up to a few days a month.

Visitation rights are awarded to non-custodial parents, and if you’re that non-custodial parent, you’ll also have to make regular child support payments. These payments are meant to be used for the good of your child, and the amount may vary depending on your income and the situation in which your ex might be living at the time of the divorce.

How Can a Child Custody Lawyer Help Me?

When you contact a child custody lawyer, you’re getting a valuable ally who can help you fight for your kids. If you want to take part in your child’s development and help them grow to be the best person they can be, it’s important to seek legal help so you can be the parent you were always meant to be.

Don’t hesitate. Contact a child custody lawyer today to get started.

Filed Under: Uncategorized

June 24, 2022 by

Signs of Workplace Religious Discrimination

It can be stressful trying to find a job, let alone a good one. The anxieties associated with any job can be exacerbated when there are signs that discrimination is happening. People are protected against discrimination by law, but it still occurs in alarming numbers at companies all across the nation. For some employees, they may be discriminated against for their religious beliefs, whether directly or indirectly. If you see these warning signs in your workplace, then it may be time to have a lawyer intervene to protect you:

  • A potential employer has refused to hire you due to religious practices/beliefs.
  • An employer refuses to let you observe a holiday for your religion. 
  • Your employer will not accommodate your religious attire or grooming.
  • Your employer has made outright hurtful remarks about your religion.
  • Your employer seems to schedule meetings or training when you are not working or in conflict with your religious holidays/observances.

There may be times when an employee’s religion interferes with work, however, employers by law must make reasonable accommodations. Such accommodations may vary and can include hairstyles, facial hair, head scarves, or other types of dress. Or, employees may need to have certain work days off to observe religious holidays. As long as the request does not pose an undue hardship for the employer’s business, then they must abide by the accommodation. 

Other signs of workplace discrimination include unequal pay, unjust disciplinary action, demeaning communication, age references, unfair promotions, and being asked personal or suspicious interview questions. As an Employment Lawyer at Law Group of Iowa would agree, knowing the signs of workplace discrimination can help people know when to take action to protect themselves.

Filed Under: Uncategorized

June 7, 2022 by

Green Card Lawyer

A popular song confirms, “You love who you love.” This is a sentiment that many people can relate to. People meet under all kinds of circumstances, fall in love, and marry. The road to wedded bliss, however, can hit some bumps when one member of the couple is not a U.S. citizen and the other one is. If the foreign national is not already located in the U.S., the couple can either marry abroad or the individual can apply for a K visa with the assistance of an experienced attorney. If approved, a K visa will allow the foreign national entry to this country, and the couple can marry here in the U.S. 

Once the couple are married, then the foreign national may apply for lawful permanent resident (LPR), also referred to as a green card. But it is important to understand that green cards aren’t issued upon request. In fact, it usually takes two years before a permanent green card is issued and only if all required criteria are met. Working with an experienced DC green card lawyer from The Federal Practice Group can help to ensure that an applicant’s request for LPR status is successful, whenever possible. During the waiting period, the foreign spouse may only be granted a conditional green card.

The reason for this two-year waiting period originates with concerns the U.S. Citizenship & Immigration Services (USCIS) has when it comes to marriage fraud. There are couples who will come to some type of agreement to marry for the explicit purpose of only obtaining that permanent green card and not because they are actually planning a life together. 

During this two-year period, the USCIS will investigate the foreign spouse’s background, as well as investigate the marriage. Conditions are only removed after the two years have passed and only if the couple applies to have them removed. Failure to apply will only result in the conditional green card expiring. Issuing a permanent green card is not automatic after two years. Working with a DC green card lawyer will help to ensure that a green card application is complete and compelling. The application must contain include all the required documentation, as well as the required documentation from the spouse who is a U.S. citizen. If it is approved, a permanent green card is valid for 10 years.

If the marriage ends before those two years, there may be a way to get the joint filing requirement waived. If this request is denied, the foreign spouse may still be able to file for an immigrant visa if they suffered abuse by the U.S. citizen spouse. This type of application is covered by the Violence Against Women Act (VAWA).

Note that if the USCIS suspects the marriage is a sham and only took place to obtain a green card, those involved could face criminal charges with penalties that could include fines, jail sentences, and deportation for the foreign spouse. If the foreign spouse receives jail time as part of their sentence, then deportation would take place once that sentence has been completed.

The process of applying for a marriage-related green card is complex and happens in phases. Consider speaking with an experienced DC green card lawyer about this process if you plan to marry in the U.S. and you are not yet a lawful permanent resident. Contact an immigration lawyer like the ones at the Law Group of Iowa today to learn more about the legal services we offer. 

Filed Under: Uncategorized

June 1, 2022 by

Common Myths About Family Law

Having an accurate understanding of divorce is an important process in family law. With so much information and so many statistics flying around it is often difficult to tell what is real and what is not. Educating yourself on what is fact and what is fiction cannot only help you understand what family law is all about, but also help you avoid falling into easy mistakes that could have been avoided.

With that in mind, here are some of the most common myths about family law according to our friends at the Law Group of Iowa. 

  • Adultery Costs You Everything 

If one spouse has an affair, the other gets everything, right? It’s a common myth that you lose the house, the car, the kids, and all of your belongings. That’s great and dramatic for movies and TV, but that isn’t exactly how things work in reality. While it might end your marriage, infidelity doesn’t always influence the divorce settlement. In many states, they are called no-fault divorce states, meaning there’s no blame assigned for the failed marriage.

Unless adultery negatively affects your finances, it most likely will not affect the division of property during divorce.

  • Mothers Always Get Custody 

For many years, it was a fact that mothers always got custody of children in a divorce. Many husbands and fathers feel that they are at a disadvantage right out of the gate. While certain biases still exist, it doesn’t automatically mean that mothers are going to win over fathers. The court tries to put the child’s best interests ahead of all the reasons. From a legal perspective, mothers and fathers have the exact same rights when it comes to child custody. 

  • Having Children Prevents Divorce 

It is far too common in troubled marriages for a couple to think having a child will fix all their problems. Some people even presume couples with children have higher rates of success with marital satisfaction than couples without children. Like most of the family law myths out there, it simply isn’t the case. One of the most stressful times in the marriage is after the birth of the first child. People learn firsthand the reality of parenthood, money worries intensify, and couples phase a number of new pressures. The simple truth is, not every relationship can withstand that added strain.

  • Your Spouse Must Agree To The Divorce 

People often believe that both parties must consent to end a marriage. The truth is that isn’t true at all. The good news is that the government will not force anyone to remain married against their will. Getting your spouse to agree definitely streamlines the process and makes it easier on everyone, but this is one of the many myths and is not required to dissolve a marriage. It is completely possible to file the necessary paperwork and start the process. If your spouse doesn’t respond in the given timeframe, then you can file a motion for default.

We understand that family law can be difficult to understand and that is why we suggest talking to a family lawyer for more information.

Filed Under: Uncategorized

May 24, 2022 by

Green Card Lawyer – DC

A popular song confirms, “You love who you love.” This is a sentiment that many people can relate to. People meet under all kinds of circumstances, fall in love, and marry. The road to wedded bliss, however, can hit some bumps when one member of the couple is not a U.S. citizen and the other one is. If the foreign national is not already located in the U.S., the couple can either marry abroad or the individual can apply for a K visa with the assistance of an experienced DC green card lawyer. If approved, a K visa will allow the foreign national entry to this country, and the couple can marry here in the U.S. Contact the Law Group of Iowa to discuss the facts of your case. 

Once the couple is married, then the foreign national may apply for lawful permanent resident (LPR), also referred to as a green card. But it is important to understand that green cards aren’t issued upon request. In fact, it usually takes two years before a permanent green card is issued and only if all required criteria are met. Working with an experienced DC green card lawyer from The Federal Practice Group can help to ensure that an applicant’s request for LPR status is successful, whenever possible. During the waiting period, the foreign spouse may only be granted a conditional green card.

The reason for this two-year waiting period originates with concerns the U.S. Citizenship & Immigration Services (USCIS) has when it comes to marriage fraud. There are couples who will come to some type of agreement to marry for the explicit purpose of only obtaining that permanent green card and not because they are actually planning a life together. 

During this two-year period, the USCIS will investigate the foreign spouse’s background, as well as investigate the marriage. Conditions are only removed after the two years have passed and only if the couple applies to have them removed. Failure to apply will only result in the conditional green card expiring. Issuing a permanent green card is not automatic after two years. Working with a DC green card lawyer will help to ensure that a green card application is complete and compelling. The application must contain include all the required documentation, as well as the required documentation from the spouse who is a U.S. citizen. If it is approved, a permanent green card is valid for 10 years.

If the marriage ends before those two years, there may be a way to get the joint filing requirement waived. If this request is denied, the foreign spouse may still be able to file for an immigrant visa if they suffered abuse by the U.S. citizen spouse. This type of application is covered by the Violence Against Women Act (VAWA).

Note that if the USCIS suspects the marriage is a sham and only took place to obtain a green card, those involved could face criminal charges with penalties that could include fines, jail sentences, and deportation for the foreign spouse. If the foreign spouse receives jail time as part of their sentence, then deportation would take place once that sentence has been completed.

The process of applying for a marriage-related green card is complex and happens in phases. Consider speaking with an experienced DC green card lawyer about this process if you plan to marry in the U.S. and you are not yet a lawful permanent resident. Contact the Law Group of Iowa today to learn more about the legal services we offer. 

Filed Under: Uncategorized

May 9, 2022 by

Common Reasons to Hire an Employment Lawyer

Employment Lawyer

No matter what type of industry you are in, you should feel safe and respected at your workplace. Unfortunately, however, employees can experience unfair treatment at work that requires legal action. Here are a few common reasons to hire an employment lawyer.

You’ve Experienced Retaliation After Whistleblowing

Employees have every right to report their employer for illegal or unsafe practices. However, that does not mean that some employers do not become angry at workers for whistleblowing and retaliate against them. If your employer has demoted, cut your pay or retaliated against you in any way after you spoke up about their practices, it may be time to consult an employment lawyer.

You’re Dealing with Discrimination

Even in this day and age, workplace discrimination still exists. Employees can experience discrimination for their race, national origin, gender, age, disability or religion. Whether you are being denied promotions or hearing offensive jokes, you may benefit from speaking with an employment lawyer. He or she can assess the details of your discrimination case and let you know if you have legal recourse or not.

You Were Wrongfully Terminated

Illinois is an at-will state, so employers do not need a reason to terminate a worker. However, if the reason for the termination is illegal, you have the right to take legal action. For example, an employer can’t fire you based on your race, religion, age, disability or other protected class. If you believe that you were wrongfully terminated, you may want to get in touch with an employment lawyer.

You Suffered an Injury on the Job

While not many people expect to go into the workplace and get injured, it can happen. From slip and fall accidents to collisions, workers can suffer injuries in a variety of different accidents at work. That’s why employers are required to carry workers’ compensation insurance to cover injured workers’ medical bills and lost wages. If you were recently injured at work, it may be a good idea to talk to an employment lawyer. He or she can help you file a timely workers’ compensation claim and make sure that you receive the settlement you deserve.

If you think you are experiencing unfair treatment at work, you may want to schedule a consultation with an employment lawyer, like one from Disparti Law Group, as soon as possible to discuss your case.

Filed Under: Uncategorized

May 1, 2022 by

Finding Happiness after Divorce

Alimony Lawyer

As an alimony lawyer from a firm like the Law Office of Daniel J. Stuart, P.A. can explain, deciding whether or not divorce is right for you and your family is a tough choice to make. But getting to that point is only the beginning. The next step is to find an attorney with whom you feel comfortable and who can competently and effectively handle your divorce.

Real Legal Experience Benefits You

The right lawyer can help you through this difficult time and lead you to rediscover your happiness. Divorce attorneys do this by listening to your goals, and utilizing a team approach to your individual case. When you contact a divorce lawyer, you’ll also receive support as an individual, and your lawyer will make sure you are taken care of while simultaneously ensuring your divorce is competently handled.

In order make certain your divorce is handled the way you want, your lawyer will take time to get to know you, your spouse, your family, and the things that matter most to you. Your lawyer should have the knowledge and skill required to guide you to the next step toward happiness. If your lawyer has many years of experience with divorce law, that’s even better.

A Personalized Approach

Lawyers take a personalized approach because the better they understand you, the more effective they can be at helping you to build a better future. Through regular strategy sessions, communication, and teamwork, lawyers can achieve better results for you and your family by catering their expertise to your individual case. If you’re looking for a divorce lawyer, make sure they don’t offer cookie-cutter solutions.

After you retain a lawyer for your divorce, you’ll meet with your legal counsel so they can carefully lay out the details of your case. This helps you understand the value of qualified legal services. A divorce lawyer’s focus is completely on family law, and as a client, that means their focus is on you and your family. As a result, the combined knowledge and skill of your lawyer gives you the benefit of years of understanding and streamlining the process of divorce. Your lawyer can keep you informed of the progress and will help to make your divorce as smooth as possible. In fact, most divorces can be resolved without the stress and expense of a trial.

The right lawyer should pride his or herself on looking past the legal act of divorce. Their goal is to help you gain an understanding of how to move forward, as well as a vision of the future you want to build. Once you can picture your future, you can start to build a clear strategy that will empower you to make smart decisions about how to approach divorce. When you retain a lawyer, he or she will help you take all aspects into account.

Take Action

By utilizing the services of a law firm that focuses on family law, you ensure your divorce is competently handled. Contact a qualified divorce lawyer today to learn how they can help you find your happiness again.

Filed Under: Uncategorized

April 22, 2022 by

Medical malpractice as a result of negligence

Injuries and illnesses can be out of one’s control and can range over a wide spectrum. Including but not limited to: 

  • crash crashes due to a drunk driver, 
  • cancer, 
  • stomach ulcers
  • broken bones
  • Shingles
  • cysts

When injuries and illnesses happen, it is important for people to get the aid that they need from those that are equipped and licensed. This includes doctors, physicians, surgeons, or nurses.  Moreover, it is also important that these professionals have the expertise needed for complete success. With that said, sometimes whether intentional or unintentional, what is known as medical malpractice can take place, due to medical negligence.  

How does medical malpractice happen?

Medical malpractice occurs when a physician, nurse, or doctor causes harm to a patient through an operation or medical as a result of negligence on the medical professional’s behalf. An example of this is a doctor giving someone a recommended dose of medicine for pain, only for them to accidentally give the person in need the wrong dose, which can cause issues, such as kidney or liver damage. It is important to look for the advice of a medical malpractice lawyer, such as our friends at Hall-Justice. 

A medical malpractice lawyer assesses a medical situation on a multi-layered level. In other words, compensation is assessed, as well as physical trauma. However, mental trauma is also reviewed, too. In fact, an experienced medical malpractice lawyer has a stronger focus on the mental aspects of medical malpractice. 

Find an Experienced Medical Malpractice Law Firm

On the basis of malpractice, one of the strongest aspects that a medical malpractice law firm targets are personal trauma, as it relates to medical malpractice. This depends on the type of malpractice that someone suffered, which is why cases should be assessed in a strong manner and on a case-by-case basis. An example of this would be anesthetic awareness where a person suffers from being paralyzed but being able to feel pain during surgery due to an incorrect medical dose of anesthesia being administered for complete numbing to happen. If it’s found that the anesthesiologist negligently administered the wrong dosage, the medical professional, as well as the practice, can be held liable. 

Filed Under: Uncategorized

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