Workers Comp, Personal Injury Settlements Making News

What NOT to Do or Say if Approached or Detained by Phoenix Police

While the average person knows what to do in a medical emergency, most people are painfully unaware of how to handle legal emergencies. Although criminal law and criminal defense in Phoenix, Arizona are often difficult and complex, avoiding a few common mistakes can go a long way toward protecting your rights and ensuring the best success for your case.

Mistakes to avoid with police

You must avoid incriminating yourself from the moment police stop you. Be sure you avoid these common errors:

• Speaking freely: Individuals who are innocent of any wrong-doing often believe they can clear up the matter by answering all police questions and generally attempting to defend themselves. Before an arrest, your statements cannot be used against you in court, but they can provide information that may help the investigation against you. By all means, be polite—but do not make any statements without criminal defense attorneys in Phoenix at your side
• Agreeing to a search: In general, police are not permitted to search your property without a search warrant. However, complicated rules allow warrantless searches in many cases. You do not need to know the law—you just need to know that, if they ask your permission to search, it means they have no legal right to perform a search. Your permission extends this legal right to police when no other grounds exist. Do not agree to a search
• Waiving your right to an attorney: As of the moment of an arrest, police read Miranda rights to you to protect your Constitutional rights to remain silent and to an attorney. Even innocent individuals need an attorney—you cannot handle a criminal defense in Phoenix by yourself
• Ignoring the advice of your attorney: Recognize that experienced criminal defense lawyers in Phoenix know the big picture—they can anticipate the potential negative results of anything you say or do. Do not attempt to pick and choose the advice you follow. Stick to the instructions of your attorney to the letter

How Phoenix criminal defense lawyers can help

A skilled criminal defense lawyer helps clients through every phase of the criminal process, from arrest, through arraignment and trial, when applicable. Your attorney protects your rights, helps you build your defense, and can even negotiate for reduced charges to avoid a stressful courtroom trial. Thrush Law Group is a leading Arizona law firm with a track record of success and the resources needed to provide referrals to the most reliable bail bond agencies.

Lawyers on Your Side

Louis N. “Mike” Joynes, II

Managing Partner

www.joyneslaw.com

1-866-943-8612

Profile

Born: 1958, Norfolk, Virginia

Education:

• The College of William and Mary, Marshall-Wythe School of Law, Williamsburg, VA, 1985, Masters of Law (Taxation)
• Mercer University Walter F. George School of Law, Macon, GA, 1984, Doctor of Jurisprudence
• Hampden-Sydney College, Hampden-Sydney, Virginia, 1981, Bachelor of Arts, Economics

Practice Areas:

Memberships:

• Norfolk Bar Association
• Portsmouth Bar Association
• Virginia State Bar

Admissions:

• Virginia, 1986
• U.S. Court of Appeals 4th Circuit, 1986

Keywords:  Norfolk injury lawyer, Norfolk Bankruptcy Laws, auto accident lawyers in Norfolk

The majority of personal injury in Hawaii involve some form of physical pain. If you are injured because of a negligent person, you may be able to file a personal injury lawsuit in Hawaii. In some cases, physical injury is not required for you to file a claim.

Negligent infliction of emotional distress (NIED)

Negligent infliction of emotional distress (NIED) is based on the concept that an individual has a legal duty to not cause emotional distress.  While California was the first state to allow compensation for emotional distress alone, the Supreme Court of Hawaii is credited with the introduction of negligent infliction emotional distress as a separate tort. If you believe that you are a victim of NIED, contact an attorney who is experienced in personal injury lawsuits in Hawaii.

Examples of NIED include the following:

• A funeral home that wrongfully disposes of a body
• The negligent and incorrect diagnosis of a sexually transmitted disease that causes the breakup of a marriage
• A plaintiff who witnesses the death of loved one at close distance
• In the case of Rodriguez v. State, the plaintiffs claimed they suffered emotional distress as a result of flood damage to their home

The zone of danger

This term refers to the area of peril created by the negligent action of another person. You may be able to file a Hawaii injury lawsuit if you were in the zone of danger as a result of another party.

For your zone of danger claim to be credible, the following elements must exist:

• The defendant put you in danger of injury or death through their negligence
• You were aware of the death or injury of an immediate family member
• You show signs of emotional or physical injury as a result of witnessing the accident

If you were injured in any way as the result of another person’s negligent action, contact The Law Offices of Michael Jay Green today for help with your Hawaii injury lawsuit.

Bail is the money that is deposited with the court to gain the temporary release of an arrested individual. The person is released with the understanding that they will obey the court’s rules and appear at trial. Because the bail and bond process can be confusing, hiring skilled criminal defense attorneys in Hawaii can make your life easier.

The bail and bond process includes the following steps:

• The arrest: You are arrested and taken into the Police department for booking. Based on the charge, the amount of bail is determined
• Find a bail bond company:  Your criminal defense lawyer in Hawaii can help you find the appropriate bail bond company.  Your attorney can also assist you in finding out if the company requires collateral and if they offer payment options
• The bail bond: After you negotiate with the bail bond company, the bond is posted at the jail
• Collateral: Some form of collateral may be required to ensure that you appear in court. The collateral must make up the entire amount of bail and can include real estate, cars, or any other assets.
• The release: Once the bail bond is posted you will be released. Depending on the size of the jail, your release may take several hours.
• Court appearance: After you are released you will receive a court date.  You must appear in court on the date you are given or may be required to pay the entire bond.
• Sentencing: Regardless of whether you are found innocent or guilty, your bail bond is exonerated.

If you are arrested and need assistance in posting bail, you should speak with a criminal defense lawyer in Hawaii at The Offices of Michaeal Jay Green.

Tennessee citizenship application

Attaining permanent residency is a stepping stone for citizenship application in Tennessee.  Foreign citizens or nationals seeking permanent residency (green card holder status) must fill out a green card application.  The legal term for filing a green card application is called applying for adjustment of status.  You can obtain the packet of forms you need to fill out from the nearest USCIS office (https://secure.ssa.gov/apps6z/FOLO/fo001.jsp) by calling the USCIS forms number at 800-870-3676 or by downloading form I-485 online (http://www.uscis.gov/files/form/i-485.pdf) along with application instructions (http://www.uscis.gov/files/form/i-485instr.pdf)

Navigating the green card application—form I-485

There are 11 detailed pages of instructions about how to fill out a green card application.  One reason the instructions are so complex is that people with different types of visa status must mail in their applications to specific and different locations.

The USCIS rejects forms that are improperly filled out.  The pitfalls in filling out an application without legal help may include:

• Not using the most recent edition of form I-485
• Submitting your application to the wrong USCIS office (not the closest office to your residence or the one listed in the instructions for your type of visa or immigration status)
• Failing to submit correct filing fees with your form
• Failing to submit complete or correct documentation

In addition to answering the questions on the I-485 form, you are required to submit other documentation, such as:

• Translations of documents containing foreign language, translated by a certified translator
• If arrested or detained, original official court order or arresting agency statements that no charges were filed, the charge was dismissed, you were acquitted, or a record of conviction
• Copy of your passport page containing non-immigrant visa
• Copy of asylum record
• Photos (two identical photos meeting specifications covered by green card application instructions)
• Medical examination report
• Form G-325A, Biographic Information Sheet

Because a green card application involves many variables, an immigration lawyer provides vital help when preparing or reviewing the application.  It is especially important to seek legal advice before submitting an I-485 if you have a criminal record.

The Frager Law firm offers Tennessee citizenship application services.  The firm has nearly two decades of experience helping clients attain U.S. citizenship.  For Memphis citizenship application, call 901-763-3188.  For a Nashville citizenship application, call 615-366-1000.  Call our Tennessee immigration and naturalization law firm toll free 888-889-VISA (8472) or contact us online.

Citizenship application in Tennessee

If you become naturalized through citizenship application in Memphis or Nashville, there are additional steps you should now take as a U.S. citizen.  The United States Citizenship and Immigration Services (USCIS) recommend getting a U.S. passport for purposes of identification and documentation of citizenship.  Because the Social Security Administration (SSA) requires notification of changes in immigration status or citizenship, the USICS also recommends reporting your citizenship status to the SSA as soon as possible.

How to notify the SSA about citizenship status

• You can send information through the mail.  However, going in person to the closest Social Security Office in your area is recommended.  To find the closest office, you can use the Social Security Office locator (https://secure.ssa.gov/apps6z/FOLO/fo001.jsp).

• Bring proof of U.S. citizenship with you to the SSA office.  Your U.S. passport or your Certificate of Naturalization are acceptable as proof.  You should also bring a picture I.D. card or driver’s license.

• The Form SS-5 is the Social Security form used for immigration or citizenship changes.  You may download an SS-5 form by going to the Social Security Online Forms page (http://www.ssa.gov/online/), which you can print, fill out, and bring with you to the SSA office.  (Forms are available in Spanish and English.)  You can also request a form at the SSA office and fill it out there.

• An SSA staff member interviews you and verifies your citizenship.  The staff member updates records to reflect your citizenship status.  Unless your previous social security card had restrictions, you are generally not issued a new Social Security card.  That said, you may request a new card during your interview if you wish.

Benefits from citizenship status notification

• Social Security benefits are granted more readily to citizens than immigrants
• In certain states, U.S. citizens enjoy Social Security disability benefits that immigrants do not
• Lost Social Security cards are easier to replace for citizens than immigrants
• Federal and state agencies frequently access the Social Security database and can see and upgrade individuals from immigrant to citizenship status, which provides more widespread validation of citizenship.

The Frager Law firm offers Tennessee citizenship application services.  The firm has nearly two decades of experience helping clients attain U.S. citizenship.  For Memphis citizenship application, call 901-763-3188.  For a Nashville citizenship application, call 615-366-1000.  Call our Tennessee immigration and naturalization law firm toll free 888-889-VISA (8472) or contact us online.

Workers compensation in Los Angeles can trace its roots back to the Victorian-era in Germany. In 1884, the Chancellor of Germany introduced a government-run accident compensation system. This same system is the basis of what most of the world uses today for their employee injury programs.

In the United States, worker compensation began at the turn of the 20th century, and by mid-century, every state had a workers comp law. Originally known as workmans comp, the term workers comp was adopted in the 1970s to include women in the workplace.

As modern-day life became more industrial, there was a corresponding increase in the number of on-the-job injuries. In the past, the only way an injured employee could pay for their medical expenses and lost wages was to prove the employer was negligent. Such claims were difficult to prove. Even if they were proved, the employee often lost their home, health, and assets waiting for the case to be resolved.

It came to be determined that the very nature of the workplace was often what caused injuries. Sometimes it was neither the fault of the employer or the worker. So, to cope with the great number of negligence suits coming up against employers, and to provide swift assistance to the employee, worker compensation programs were born.

Helping get you back to work

Although these are excellent reasons to have worker comp in Los Angeles (as well as the entire United States), they are not the main reasons. The primary reasons these laws exist are to get the employee back to work, in whatever capacity they are able. If unable to return to work, the law provides coverage for medical expenses and lost wages, so that the injury of the employee does not become a strain on government finances.

This is not to say the path to receiving worker comp in Los Angeles is easy. There are many steps to take before a claim can be considered successful. Contact the experienced firm of Daley and Dixon, LLC, to be sure your case has the highest chance of a positive outcome.

Filing a workers comp claim in Los Angeles inevitably means dealing with insurance companies.  This process can often be overwhelming as well as intimidating.  To make it go a bit more smoothly, the firm of Dixon and Daley, LLC, offers the following tips:

•    Tip #1: The insurance company should be notified of your injury.  However, hesitate to offer them any information beyond the initial notification without first seeing a Los Angeles workers compensation attorney.  Often, things you say can be taken out of context and used against your case at a later time.

•    Tip #2: In a similar respect, provide only the most pertinent details to the physician you are seeing for the injury.  Often, these physicians must send reports and records to the insurance company.  This can make the insurance company aware of topics discussed with your physician that you assumed were in confidence.  Assume that speaking to your physician is the same as speaking to the insurance company.

•    Tip # 3: Keep in mind the insurance company may have hired someone to watch you, and determine if, in fact, you are faking your injuries.  Try not to do activities outside that involve manual labor, such as raking the yard or taking out the trash.  Even if you are feeling well enough to do these things some days and not others, the insurance company may see them as evidence that you are not truly injured.

Chances are you are not as experienced as the insurance companies in handling workers compensation in Los Angeles.  Insurance companies are aware of all the actions they can take to save them money and whittle away at your case.  Do not put your possible settlement at risk.  Contact the skilled Los Angeles worker compensation lawyers at Dixon and Daley, LLC, today for help.

During and after your separation or divorce in Philadelphia your primary concern is likely to be for the welfare of your children. Certainly, the family courts of Pennsylvania and New Jersey encourage parents to work out an agreement regarding custody and visitation through effective negotiations or useful mediation. It is always better for a parent to come up with a solution than a judge. Factors considered in custody disputes include the location of each parent’s home, the role of each parent as caregiver in the past; schools; finances; and for older children, the preferences of the child. There are 15 social and economic factors that the courts will consider in making a custody order.

A battle over child custody in Philadelphia may extend beyond the child’s parents and often will involve grandparents or other extended family members. In some cases, a child has been left temporarily with a relative. If the non-parent was voluntarily given the child and had custody for more than 12 months, that person stands in the place of the parent(s) in loco parentis. If a later custody dispute should arise, these factors are important to know and present to the court. In other cases, grandparents may be seeking visitation privileges. Many children have profound relationships with their grandparents that are thwarted by others who seek to disrupt relationships that are important to the child.

On March 8, 2010, Hartford County personal injury attorney Joseph M. Busher obtained a favorable ruling from the Connecticut Supreme Court in favor of his client, the Town of Voluntown Board of Education.  The case arose out an injury that on October 11, 2005 at approximately 5:30 p.m. on Constitution Field in the Town of Voluntown, Connecticut.  The plaintiff alleged that she sustained severe personal injuries when part of a tree located on an adjacent field split from the trunk and fell onto her as she watched her daughter play a school-sponsored soccer game.

On appeal, the Connecticut Supreme Court ruled that the defendants were entitled to immunity pursuant to General Statutes § 52-557n which states in part that “a political subdivision of the state shall be liable for damages to person or property caused by . . . acts of the political subdivision which constitute the creation or participation in the creation of a nuisance.”  Since the statute requires positive acts on the part of the defendant, the Court held that the plaintiff’s allegations based solely on an alleged knowing and intentional failure to remediate a diseased tree did not satisfy the statutory requirements for liability.