How to Prove That Your Ex Is Not a Fit Parent

A child custody case can be a challenging ordeal for a lot of people. Perhaps the most challenging is trying to craft a case against the other parent to show that they are not fit to care for a child.

The first step to having success in a child custody case is to really know the laws in that particular jurisdiction. There are so many different laws around the United States that it can be difficult for some people to know them all, at first. There are a lot of tools out there for people who want to put themselves in the best light possible. Research is essential for any legal case, but when it comes down to the amount of time a person can see their child, it becomes mandatory.

Next, a parent should never really focus on only trashing the other parent. It can really provide a fairly poor look on people doing that. Not only is it not fair to the child, but also the judge is not going to be very happy either. Most people are going to go into a child custody hearing trying to seek sole custody. Though sometimes that is necessary, it just looks terrible for a parent to only focus on how bad the other one is.

Providing evidence that you are the better parent is the best way to go. Pointing out, not only that the physical well-being, but also the psychological well-being of a child is going to be very important in their future. The judge is going to look at all of these criteria when making the final decision, so painting yourself in the best picture possible is going to be the way to go.

Sole custody might seem like a better deal, but it is easier to go for joint custody. Some people might look at this as a loss, but it really should not be seen that way. Not only does it really benefit a child because they get a chance to see both, but it makes things go a little bit more smoothly for the most part. It is always going to be complicated if the two parents live far away, but it can be dealt with.

Whatever the case may be, it is important to learn how to prove that your ex is not a fit parent without completely trashing them. For more assistance on the legal side of things, a person can get in contact with a Pittsburgh family law attorney, or any other local option. It is the best way to get general advice in these situations that can be difficult to fully-understand. They deal with hundreds of similar cases like these and will know what to do.

What Counts as Medical Malpractice in Florida?

Also known as medical negligence, medical malpractice takes place when the negligence of a medical professional injures a patient. However, one should not assume that all instances of medical mishaps occur due to negligence. Find below a list of medical mistakes that are often the basis of medical malpractice lawsuits in the state of Florida, when they result due to negligence on the part of the medical professional.

  • Failure to treat a patient on time
  • Surgery performed on wrong parts of the body
  • Delayed diagnosis or even misdiagnosis
  • Preventable injury during birth
  • Foreign objects left inside the body of a patient after surgery
  • Improper medicine prescribed, and
  • Improper dosage of medicine administered

What Counts as Medical Malpractice in Florida?

To successfully claim for medical malpractice in Florida, you, the claimant, must prove certain elements. These elements are described in detail below.

Breaching Applicable Standard of Care

It is a legal requirement for all healthcare professionals to treat their patients carefully. Based on section 766.102 of the Florida Statutes, the definition of the prevailing care standards that the medical professional owes to his patient is the level of skill, care, and treatment that is recognized as appropriate and acceptable by what similarly situated and significantly prudent medical professionals would have performed under the circumstances. To breach these standards would be to show how the actions of the defendant deviated from the prevailing professional care standards.

Proximate Case

After this, the claimant must prove that the breach of the applicable care standards by the defendant was the proximate cause of his injury. In other words, it is the onus of the defendant to prove that the injuries that have suffered from would not have taken place had the defendant been careful instead of been negligent.

Compensable Damages

The most important factor is that the claimant must establish that the damages he has suffered are due to the negligence and malpractice of the defendant. To prove this, the claimant must provide evidence of the economic damages (also known as monetary amount) required to replace whatever had been lost, together with any applicable non-economic damages suffered, such as inconvenience, suffering, and pain.

Hire a Professional Lawyer

It might not be possible for you to perform all these tasks on your own, especially when you are unable to move around due to your medical condition. In such a scenario, hire the services of a professional medical malpractice lawyer in West Palm Beach.

The lawyer should have years of experience in successfully and aggressively dealing with such cases. He will fight your case to prove that your injuries are due to negligence or malpractice of the medical professional and provide you with the compensation you are legally entitled.

Austin’s Infamous Traffic Is a Health Hazard

It may or may not come as a surprise that Austin is basically one of the worst cities when it comes to traffic congestion. In fact, it is ranked thirteenth worst for traffic congestion in the United States and eighteenth in North America. However, this is not news to commuters as they are used to sitting in the rush hour traffic day in and day out. According to commuters, rush-hour traffic is at its worst in the evenings. Thursday evenings are reported to be the worst when more than sixty percent of the road is congested. So, what implications do traffic congestions have on the health of motorists?

It’s true that no one enjoys being stuck in traffic, however, thousands of people in Austin have to go through this on a daily basis. Traffic congestions affect more than just your mood; it affects your health as well. It also increases your blood pressure and increases air pollution levels.

Air pollution has been known to contribute to asthma, lung cancer, and various other respiratory diseases. In addition to that, it also increases risk for heart disease and stroke—conditions that are potentially fatal. According to reports, the amount of pollution that gathers inside your car during traffic jams far outweighs that found in moving vehicles.

In another study, it was found that hearing damage can occur by listening to daily traffic sounds. Another interesting fact is that rush-hour traffic sounds exceed ninety decibels. Therefore, it can be concluded that if you continue to sit in traffic congestion day in and day out, you run the risk of permanent hearing damage.

According to recent studies conducted by Texan cities, longer daily commutes lead to high blood pressure as well as a larger waistline. In addition, it can also lead to further problems that increase chances of chronic diseases. It is also true that people spend long times in commute are less active.

Blood pressure also appears to be more sensitive when it comes to commuting distance. For example, people who had a commute of twenty miles round-trip, had an increased risk of elevated blood pressure or hypertension.

Additionally, Austin roads are hazardous because the congestion leads to an increased number of accidents, especially during peak hours. Extended time in traffic jams and stand-stills is conducive to distracted driving, leading to more fender benders and reckless driving.

So, when you look at all the research and statistics pointing to the congestion on Austin roads, no one can deny it is a health hazard. The only question is how you can try and beat the traffic congestion. The short answer is that unless funding is given and infrastructure improved, there’s probably little that you can do with regard to the traffic situation since you have to use the roads.

However, you can try some things that can probably make the commute a bit easier on you. For example, if your employer offers flexible hours, try choosing shifts that start early in the morning and finish in the afternoons to avoid the rush hour traffic. If you haven’t tried it already, public transport could be a good solution. Sharing rides or starting lift clubs are a great way to decrease the number of vehicles on the road. If you are on the road in your vehicle, keep your windows closed as this would reduce your exposure to the loud noise and polluted air.

If you have implemented all of the above suggestions and you still find yourself in a sticky situation due to other drivers that don’t care to be considerate or cautious then you need to contact an Austin car crash lawyer, who will assist you further.

When Can You Sue for a Construction Accident?

The Occupational Safety and Health Administration (OSHA) has established safety standards that a construction site must adhere to for the construction workers to be safe. However, construction sites still regularly report numerous serious accidents that lead to permanent or life-long injuries, such as broken hip bones, lost limbs, paralysis, and other injuries that could require an employee to undergo a surgical procedure. The law mandates that any worker who sustains an injury due to construction activities be compensated accordingly.

Many construction-related injuries resulting from negligence qualify for compensation for pain, suffering, and lost wages. A construction worker may sue the negligent party responsible for the injuries and seek compensation through a personal injury claim. However, in many cases where a worker is injured on the job, the victim may not sue his or her employer for negligence. Instead, the law provides workers compensation benefits.

What Is Workers Compensation?

Employees are not expected to sue their employers for on-the-job injuries since there is workers compensation coverage for this purpose.

Workers compensation provides employees with medical benefits and lost wages when they can no longer work due to a workplace injury. When an employer has this coverage, it is illegal to sue the employer for compensation.

What Are Third-Party Claims?

In addition to workers compensation, there is something called a third-party claim. While the law does not normally allow employees to sue their employers for injury compensation, it does allow claims to be brought against other parties who were responsible for the accident.

Such personal injury claims may be awarded in addition to the benefits obtained through workers compensation. For example, a motorist might cause an accident that results in an accident that leaves you injured on the job. In this case, you may sue the driver for compensation. In another example, if you operate faulty equipment or machinery that causes serious injuries, you may claim compensation from the manufacturer of the machinery.

Common Situations Resulting in Injury Claims

Not all construction accidents require a third-party claim. Therefore, every accident is treated on its own merits, and much depends on the number and the role of the parties involved. Understanding how each of the parties may have been responsible often requires an experienced St. Louis personal injury attorney.

Steps to Take After a Construction Injury

Whether you want to file a claim for workers compensation or file a personal injury claim against a third party, you must follow certain steps:

Call Emergency Services

The first thing to do is report the injuries to your employer through a notice.

Document the Accident

Like all personal injury cases, you need to document both the scene of the accident and the event to increase the odds of winning your claim. Record information about the accident, including witness statements and anything that bystanders witnessed.

Complete Workers Compensation Paperwork

You must observe the deadlines that apply to the claim. Remember that the clock begins ticking immediately following the accident. Missing the deadline can jeopardize your chances of obtaining compensation. Working with a workers compensation lawyer can help you win your claim.

File a Personal Injury Claim

Finally, you may initiate a claim against any responsible third parties outside of your employer. You will need an experienced personal injury attorney to help you navigate the process.

The Importance of Hiring a Personal Injury Attorney

Knowing exactly what steps to take in the event of a work-related accident can be complicated. This is a tricky process that requires legal knowledge. Trying this yourself can be overwhelming. Your lawyer can help you weigh your legal options and get the most compensation possible.

Everything You Need to Know About Virginia Car Accident Laws

If you are a Virginia resident or are visiting the state, you should familiarize yourself with the laws of the land. Every state has its legal code as well as laws that must be adhered to by everyone who lives in the state or is visiting it. Everything you need to know about Virginia car accident laws can be brought down to a few very specific obligations:

Liability Insurance

If a driver does not have liability insurance, then they must pay the DMV a five-hundred dollar “uninsured motor vehicle fee.”

Reporting an Accident

If you have been in a car accident, do not leave the scene of the accident for any reason. Once you have overcome the initial shock of being in an accident you are obligated to report the accident.

The Virginia car accident laws state that in an accident that has injured or killed someone, or if another vehicle or property has been damaged, you must report it. You will be expected to offer all the necessary information such as your name, address, driver’s license, and vehicle registration.

Assign Fault

Virginia is a ‘fault’ car accident state. This means that the person at-fault, accordingly to the insurance carrier, will be responsible for the damages caused by the car crash. This also means that it is crucial to identify which driver was at fault.

Statute of Limitations

The state of Virginia has a statute of limitations about the lawsuits you can file in court. When it comes to injuries suffered in a car accident, you have a period of exactly two years from the date of the accident to file your lawsuit. For cases pertaining to damage caused to your car or other property, the time limit is set at five years.

Finally, the statute of limitations for a wrongful death lawsuit in the case of a car accident is two years. Do remember that the time period is calculated from the exact date of the accident, and not when the insurance claim was filed.  

While most Virginia residents may know the traffic laws in their state, they may not understand how to deal with the legal ramifications of a car accident, which is why it is recommended that you consult an experienced and reliable car accident lawyer in Richmond, VA.

Your attorney will discuss the details of your case, collect the required information, and help you understand the legal options before you. It is crucial that you make informed and educated legal choices that will protect you and ensure that you receive appropriate compensation.

Things to Know About “Wet Reckless” Plea Bargains

According to the Department of Motor Vehicles, thousands of accidents and injuries are reported every year due to drunk driving. Because of the severity of the accidents due to drunk driving, DUI cases are very serious offenses in the US and a defendant risks going to jail, having his driving license revoked, and having an interlock ignition device installed on his or her vehicle. Here are some of the things you want to know about “Wet Reckless” Plea bargains when faced with DUI charges.  

What Does “Wet Reckless” Mean?

There is no such crime known as “wet reckless.” Instead, it is term that is used to describe a plea bargain offered to a first-time DUI offender. If offered, you will be expected to plead guilty to reckless driving instead of being charged with a DUI.

Who Qualifies for a “Wet Reckless” Plea Bargain?

One way that you may reduce the severity of the charges is by having a prosecutor offer you a “wet reckless” plea bargain. However, since the law in almost all the states is strict, only a few people are eligible for plea bargains following a DUI charge.

For one to qualify for a plea, he or she must be a first-time offender, you must not have caused fatalities, and your BAC level at the time of arrest should not be very high.

Every state in the US considers driving under the influence (DUI) very serious, which is why there are such harsh penalties for the crime. If you are facing a DUI charge, your criminal lawyer may negotiate for a reduction of the charges from DUI to “wet reckless.”

What Happens After Accepting a “Wet Reckless” Plea Bargain?

Upon accepting a “wet reckless” plea bargain, you will be charged and convicted of reckless driving instead. The good news is that reckless driving is a far less serious charge than a DUI, so it carries less serious penalties. Some of the consequences for accepting the charge may include serving a short jail term, a fine, revocation of a license, and an enrollment in an alcohol education course. You also should expect your insurance rate to go up and points to be added against your driving license.

Should I Accept a “Wet Reckless” Plea Bargain?

Every DUI case has its uniqueness, so there is no universal answer to this question since each case will be considered on its own merits. It is advisable not to accept or reject a plea deal before talking to a criminal defense attorney. A competent and experienced defense attorney will check the facts and review the evidence before determining if the plea deal is the best option for you. If the attorney strongly believes that you have higher chances of being acquitted after trial, he may advise you not to take the plea.

If you are arrested and facing first-time DUI charges, seek help from a reputable Tampa DUI lawyer right away. An attorney will work tirelessly to protect your rights.

Dallas Auto Accidents: By the Numbers

When you’re driving through Dallas, you might be a little concerned about having an accident. What are your chances of being hit by a careless driver, and what can you do about it when it happens? While you will have options to get compensation if you’re injured by another driver, what are the chances of being involved in an accident in the first place?

Dallas, like many cities, is a high-traffic area, which means that accidents happen regularly. However, when you know what to expect from an auto accident, you’ll have a better idea of what to do to fight for your compensation.

Crashes Are Expensive

Unfortunately, crashes are generally expensive, and those costs add up over time. In Texas, the costs of motor vehicle accidents tallied to around $38.4 million over the course of 2017. As one of Texas’s biggest cities, Dallas made up a large percentage of those accidents and their associated costs.

Keep in mind, not every accident may be expensive, but your damages could be worth more than you think. For example, your non-economic damages are intangible and more difficult to calculate. You may need a lawyer like those at Crain Lewis Brogdon, LLP to deal with those damages (like pain and suffering or psychological damage) and help you get the full compensation you deserve.

Urban Areas Have More Accidents

Because Dallas is a large metropolitan area, an accident is more likely than it would be in a less urban area. Compared to smaller areas, Dallas has thousands of accidents per year. While many of these crashes are non-fatal or even non-serious, it can be a major headache for you.

Fortunately, though, Dallas wrecks, as well as accidents in other urban areas, tend to be less fatal. This is simply because you’re generally closer to hospitals and other places that can offer medical care; even a serious accident is more survivable.

Act After an Auto Crash

A crash in Dallas can be a traumatic, expensive ordeal—leaving you struggling to get the full compensation you need to recover from your accident. Fortunately, while the number of accidents and the costs may be disheartening, you have a chance to recover fully from a Dallas crash.

If you’ve been hit by a careless driver, you may be eligible for compensation from the responsible party. They should cover the costs of your losses, since you didn’t cause the accident.

If your accident has you overwhelmed, reach out for the help you need with your recovery. Your Texas car accident can leave you stressed, but you should have an opportunity to recover and get the full compensation you deserve.

Parenting Plans in California

Separation and divorce are sometimes inevitable, and when they occur, a couple must come up with a plan on how they will raise the kids without cohabitating. They can do this by preparing a document that outlines parenting duties, responsibilities, and privileges after the separation. This document is what is called a parenting plan. You may have heard people use terms such as “custody” and “visitation order” to refer to the parenting plan.

Parenting Plans Can Be Legally Enforceable

A parenting plan is not just a random document that one party can disregard whenever they want. The document can be legally enforceable once both parties have agreed to the terms. To legalize parenting plans in California, they must be signed by both parents and a judge. After that, the document is filed with the court clerk. If one party breaks the terms of the parenting plan, they can be charged with criminal and/or legal penalties.

Legalizing the document is a crucial step in preparing a parenting plan as it ensures that both parties respect the terms of the agreement. It also prevents one parent from undermining the other by denying visitation, child support, or other essential needs of the kids. However, not all ex-couples legalize their plans. Some have a written document and adhere to its terms without necessarily involving the courts.

What to Include in a Parenting Plan

California law does not have stringent rules on parenting plans and how they should be written. It is the responsibilities of the ex-partners to come up with a document that works for them. However, once the document is legalized, violating its terms will result in penalties. A family lawyer in Rancho Cucamonga can help prepare and file the document to avoid such issues. Properly preparing a plan can outline the following issues:

  • Details of physical custody (i.e., where the kids will live, with which parent they will spend their holidays, and visitation details)
  • Legal custody (i.e., which parent makes decisions concerning health, education, general welfare, emergencies, etc.)
  • Transportation arrangements
  • Parenting guidelines that the ex-partners agree to use when raising the kid including how they will handle parenting issues when they arise or how decisions affecting the child will be made (jointly or by one parent)
  • Specifications on how each parent will strive to protect the relationship between their ex-partner and the children
  • Information on how and when parents can revise the parenting plan and how information can be shared between parents
  • How child support will be divided among the ex-partners

This document outlines every vital aspect of child care, and it promotes peace and harmony among the ex-partners.

When preparing this document, it is paramount that both parties put emotions aside and focus on the needs of the children. The primary goal of the parenting plan is to ensure that each child gets his or her basic needs and achieves physical, emotional, and psychological well-being, even in the absence of one parent.

How to Make a Parenting Plan Work

Once you have prepared the document, the next big thing is to implement it. It is advisable to make the document legally enforceable so that both parties can adhere to the terms therein. Visit a California family court to legalize the plan. After that, ensure that you keep communication lines open with your ex to ensure that you are always on the same page in matters of parenting. Don’t forget to include a revision clause in your parenting plan – if something isn’t working, you can renegotiate and change the terms of the agreement.

Final Thoughts

A parenting plan is an indispensable document for parents who are divorced or separated. It promotes peace and harmony in parenting and ensures that the children get quality time with each parent. Keep these tips in mind when preparing your document. Don’t hesitate to consult an expert for legal advice if you are unable to agree with your ex.

New Orleans Car Accident Statistics

If you’ve ever been involved in a motor vehicle wreck, or if you haven’t been but you want to make sure that you aren’t, understanding the most common causes of car accidents can certainly make a difference. Continue reading to learn more about some quick auto accident statistics and what you should do if you do happen to be injured in a crash.

Fast New Orleans Auto Wreck Stats

Although you cannot prevent another car from striking you, or another hazard from causing an accident, you can educate yourself about what the most frequent causes of motor vehicle wrecks are, so you can prepare for the unexpected.

To begin, pedestrian accidents are far more common than you might have previously thought. In fact, 2015-2016 saw the largest increase in pedestrian fatalities since the beginning of record keeping, over 40 years ago. Of these deaths, approximately half of them were caused by alcohol impaired drivers.

The Louisiana Highway Research Safety Group attributes increased smartphone use, speeding, distracted and aggressive driving, alcohol and drug-influenced driving, and passengers failure to use seatbelts as the leading contributing factors to serious accidents and injuries.

With more than 6.2 million reported car accidents and over 2.4 million injuries across the nation, much can be done to minimize the amount of incidents that occur nationally. Locally, there were more than 20,000 total crashes reported in the Orleans Parish in 2017 alone.

If drivers and pedestrians alike hope to avoid enduring critical injuries, it is clear that distracted driving and getting behind the wheel when someone has had too much to drink must stop.

What You Should Do if You’re Injured in an Accident

After you’ve been injured in a car crash, you’ll likely have the opportunity to hold whomever caused your accident responsible for their actions. Reach out to an experienced car accident attorney in New Orleans to assist you.

Once you have attended your free claim evaluation, your attorney will begin investigating the cause of the wreck to establish liability. When the liable party is established, your lawyer will then be able to build a case against them by gathering the evidence needed to support your case.

You can then expect your lawyer to review the various ways in which your life has been negatively influenced by your injuries. Every single loss you endure should be accounted for when your lawyer is calculating the value of your claim so that you can obtain maximum recovery of your damages.

Some of the most commonly sought damages in a car crash claim include pain and suffering, medical expenses, mental anguish, loss of enjoyment of life, property damages, lost wages, loss of companionship and love, scarring or disfigurement, inconvenience, the damage to your earning potential, and loss of household services, to name a few.

Speak with a New Orleans Car Accident Lawyer

When you’re ready to obtain the justice you deserve after being injured in an auto wreck, you may find that pursuing your civil lawsuit will be easier with the assistance of a regarded New Orleans car accident lawyer. The attorneys at Braud and Gallagher have the training and experienced you need to achieve full compensation for your losses.

Finding a Car Accident Lawyer Who Meets Your Needs

When you’ve been hurt in an auto wreck, you may not know whether to call a lawyer or try to handle the aftermath on your own. You are probably a very capable person, but following an accident, you’re likely at your most vulnerable. You’re in physical pain, your mobility might be limited, and you could be mentally and emotionally fragile.

This is not the time that you want to be trying to do everything yourself. Hiring a car accident lawyer can take a lot off your plate. This will allow you to concentrate on what really matters—recovering from your injuries.

While you recover, let an attorney get you the money you need to pay for all the losses your accident has brought about for you. However, how do you know if a lawyer is right for you?

What a Good Auto Injury Lawyer Will Do for You

You obviously want a lawyer that will take your calls, answer any questions you may have, and be there when you need them. What else makes a good car crash attorney? A good car accident lawyer is going to do some or most of the following:

  • Help you to understand the injury claim process.
  • Investigate your auto wreck and figure out the cause.
  • Gather evidence needed to prove fault.
  • Document your damages and injuries.
  • Calculate a fair settlement.
  • Put together your case and submit the claim paperwork.
  • Work with the involved insurance companies to see that you get the money you’re owed.
  • Take your case to court if an insurance company isn’t offering you fair compensation.
  • Communicate with you throughout the entire process.

Get Ahold of an Auto Wreck Attorney in Queens

Your goal is to obtain the full and fair settlement that you deserve. You will need a lawyer who can make sure you reach your goal. You will also need a lawyer who will work on a contingency fee arrangement, which means you don’t have to pay them unless they win you a settlement.

Trying to win a car crash claim on your own isn’t usually the best idea. You might believe you’ll save money on attorney’s fees, but you’ll likely end up with a lower settlement and a lot more stress. Secure the services of an experienced Queens car crash lawyer, who will do everything possible to see you get the compensation you’re owed.