While dropping insurance may seem necessary in the short term in order to meet other financial obligations, it could easily come back to bite them, should a large medical malpractice judgment force a hospital to declare bankruptcy. Many states do not require hospitals to carry malpractice insurance. In some area hospitals in Chicago, New York, Philadelphia and Florida, the cost of malpractice can seem prohibitive to hospital executives, so they gamble and hope there won’t be dire consequences if they forego malpractice insurance.

New York State Department of Health surveyed “self-insured” hospitals in 2009 and found that one dozen New York-based hospitals acknowledge that they did not carry malpractice insurance and instead were partially self-insured or had some mix of primary coverage and excessive coverage. In addition, several hospital administrators stated that the house physicians had their own, subsidized insurance.

When they do not have malpractice insurance, some hospitals have a separate reserve of funds with which they plan to cover claims, but according to The New York Times, several hospitals investigated did not have sufficient funds in case of a large malpractice judgment, while two had no funds set aside at all.

Hospitals are cutting costs in other ways too, which sometimes means an actual denial of services. In Ohio, for example, some smaller hospitals no longer offer obstetric deliveries due to rising costs; malpractice insurance for obstetrics is particularly high. According to the Ohio Department of Health, there are 23 counties in Ohio that do not offer maternity units in their hospitals, with 19 separate hospitals no longer offering maternity services since 2004.

When an uninsured hospital becomes bankrupt, the creditors—which can include malpractice plaintiffs—often find they are unable to do anything but accept less of a payment than they were awarded via litigation.

Nathan Williams is a Brunswick personal injury lawyer, Brunswick divorce attorney, criminal defense and Brunswick DUI lawyer in Southeast Georgia. Visit http://www.thewilliamslitigationgroup.com or call 1.912.264.0848.

Social Security turned 75 on August 14. While some celebrated its successes, the dominant narrative was instead that Social Security is in trouble. Politicians and pundits took note of Social Security’s anniversary amid renewed warnings about the dire challenges the program is facing.

In the political realm, discussion of Social Security has degraded more to the level of insult slinging and demagoguery than actual policy discussion. Democrats are accusing Republicans of trying to dismantle the nation’s most popular social insurance program (which they are) and Republicans are accusing Democrats of scare mongering about Republicans’ plans (which they are).

However, as is increasingly and unfortunately the case, the additional attention currently being paid to Social Security is not contributing to a better understanding of the program.

Debates about the health of Social Security are not new. Since President Roosevelt signed the Social Security Act in 1935, the program has never met a 75-year test for solubility. [1] Yet, 75 years later, Social Security is still paying all promised benefits to retirees and individuals with disabilities.

President George W. Bush made Social Security “reform” a key goal early in his presidency. However, even with non-stop media coverage and in some cases flat out fear-mongering, the idea of privatizing some or all of the nation’s Social Security program simply did not appeal to the majority of Americans. The inability to pass any changes to Social Security after making “reform” key to his agenda was one of President Bush’s larger legislative failures.

The debate over what, if any, changes should be made to the Social Security system was quieted during the later years of the Bush presidency, but has resurfaced with vigor as President Barack Obama approaches the midway point of his first term. The resurgence of the debate can be attributed to several factors. Republicans, pandering to an increasingly extreme base in the coming 2010 mid-term elections, are using public confusion about the program to foment an atmosphere of fear and panic over looming budget deficits. Ideology also plays a roll. Conservatives do not like Social Security. It is a popular, effective government program that runs counter to the dogma that government can do no good. Finally, some politicians and economists are engaged in a good faith effort to make sure seniors who rely on Social Security and workers who have been promised Social Security will continue to receive benefits into the foreseeable future.

One key group investigating the future of Social Security is President Obama’s deficit commission. In February, the president created the National Commission on Fiscal Responsibility and Reform, and tasked the commission with developing solutions to help maintain the nation’s long-term fiscal solubility. Social Security leads the commission’s agenda, and members are mandated to produce a series of recommendations by Dec. 1, 2010. [2]

From its inception, the commission has received criticism from the left for its conservative makeup, being comprised of Republicans and moderate- to conservative-leaning Democrats. In a recent Washington Post article, Ezra Klein scored the six Republicans and six Democrats on the commission using DW-NOMINATE rankings. He found that the Senate Democrats on the committee are more conservative than the average Senate Democrat and that the Senate Republicans on the commission are also more conservative than most of their Senate Republican colleagues. The result, in his view, being a committee evenly split in terms of partisan affiliation but right leaning in terms of ideology. [3]

Klein’s analysis of the commission follows a wave of criticism directed at its co-chair, former Republican Senator Alan Simpson. Simpson, proving himself out of touch with working Americans, described Social Security as a “a milk cow with 310 million tits.” In addition to showing a striking lack of tact (the quote coming from a letter written to the head of the National Older Women’s League), Simpson’s rant proves he either does not care about or does not understand the actual workings of the Social Security insurance program. Social Security, funded separately from rest of the federal budget, quite simply pays benefits to those who have paid in. In order to qualify to draw Social Security, an individual must work and contribute to the program for 10 years. Social Security is not means tested; benefits are paid progressively as a percentage of former earnings and contributions.

The mean Social Security benefit is around $14,000 a year, providing 40 percent of retirement income for the average American. [4] According to the Center on Budget and Policy Priorities, Social Security lifts 20 million Americans out of poverty. [5] And, according to a recent national survey commissioned by the AARP, 85 percent of adults oppose cutting Social Security and half of non-retired adults support paying higher payroll taxes to ensure the systems stays solvent. Younger Americans, while skeptical about the program’s future, are particularly supportive of the program. 90 percent of respondents aged 18 to 29 said they believe Social Security is important. [6]

However, while Social Security is popular, many Americans, particularly young Americans, are skeptical about its future. Much of this can be attributed to the misunderstandings and mistruths that are continuously perpetrated by some in Congress and in the media. Here are the truths behind some of the more common Social Security myths.

1. Social Security adds to the deficit.

Social Security, by law, cannot add to the deficit. It is a separate program, paid into through FICA contributions, with benefits paid only from the revenue it raises. If the trust fund were to be exhausted and current contributions were not adequate to pay benefits, Social Security could not borrow from the general budget. Federal law prohibits Social Security from borrowing.

2. Social Security is broke, and there is no “Trust Fund.”

Conventional wisdom among Social Security skeptics is that the program is out of money now and that there is no Social Security Trust Fund. This is fueled largely by the fact that Social Security did begin to pay more in benefits than it received in taxes earlier than was projected due to the depth of the 2008 recession. Regardless of this fact, The Social Security Trust Fund currently runs a $2.5 trillion surplus. The Economic Policy Institute estimates the surplus will peak at $4.2 trillion in 2024 [7]

Trust Fund intact, with no changes to the program, Social Security is projected to be able to pay 100 percent of benefits until the year 2037. After 2037, Social Security will still be able to pay 75 percent of benefits. [8] A program projected to meet costs almost 4 decades into the future with no adjustments is not a system in crisis. Other government programs would be hard pressed to meet such a standard.

3. The Trust Fund has been raided and is just full of IOUs.

Those who decry the vacuous trust fund, eliciting imagery of a big room with lonely piles of IOUs, are in reality making claims against the creditworthiness of the United States government. True, the Social Security Trust Fund is not sitting around in a lock box as Al Gore eloquently stated. The funds are invested in Treasury Bonds, “full faith and credit” notes that the government issues to many of its creditors. Since the federal government has never missed a payment on its debt, and is not expected to anytime soon, to claim the Trust Fund is full of useless IOUs is disingenuous.

4. The retirement age must be raised because people are living longer

The retirement age argument is tricky because two things are the case: more baby-boomers are soon to retire, and people, on average, are living longer. The argument seems logical on its face, but the reality is very different.

The crux of the issue surrounding the retirement age is that the rise in life expectancy since 1935 is largely due to lower infant mortality rates and is unevenly spread among income levels. Since 1972, life expectancy has increased by 6.5 years for top earners, but by less than two years for workers in the bottom half of the earnings bracket. [9] Because of this disparity, the less affluent, those who most need social security, will see the greatest benefit cut. It is not as difficult to imagine staying in a well-paying office job for a couple more years as it is to continue working lower-paying labor-intensive jobs until age 70.

In addition, the retirement age is already set to increase gradually, due to a 1983 law, until it reaches 67 for people born after 1959.

5. Benefit cuts are needed

To the extent that there will be shortfalls in the Social Security budget in the future, they are minor in relation to other budget expenditures, and can be corrected without cutting benefits. In 1983, when Social Security actually did run out of funds, a “deal” was made with workers to put Social Security back in the black. Payroll taxes were raised, significantly, on middle and lower income workers. The tax increase was highly regressive, but, coupled with a raise in the retirement age, was responsible for building the large surplus Social Security enjoys today.

The increase in taxes on lower income individuals also allowed Reagan to cut taxes on those earning higher incomes. At the time, implicit in the deal was the idea that lower income workers would overpay their taxes for 30 years, at which point higher income individuals would pitch in to relieve some of the burden and cover any funding shortfalls. After a period of overpayment of payroll taxes, the tables would turn, and middle and lower income individuals would begin to underpay payroll taxes with the difference being covered by a raise in income taxes on higher earners. [10]

Thirty years later, the second part of that deal has been conveniently forgotten. Without cutting benefits, and in the spirit of Alan Greenspan’s 1983 recommendations, creating new sources of revenue could increase funds. The cap on Social Security taxed-income, currently $106,800, could be raised or eliminated. Other taxes, like a proposed financial transactions tax, could be implemented. The 75-year projected Social Security deficit is roughly equal to the cost of extending President Bush’s tax cuts on those earning over $250,000 a year for the same period. [11]

The logic, as Paul Krugman stated, is that benefits have to be cut to avoid cuts in benefits. That logic does not add up. [12]

6. Social Security faces the same issues as Medicare and Medicaid.

Social Security often gets lumped in with Medicare and Medicaid as a problem “entitlement” program. It is true, Medicaid and Medicare do face funding problems, but much of this is due to the ballooning costs of health care. Social Security does not face the same problems as Medicare and Medicaid as payouts are not affected by rising health care costs.

Even with these realities, many watching the Social Security debate expect the deficit commission to offer a package of several cuts, including an increase in the retirement age. It is anticipated these cuts will be coupled with some sort of an increase in payroll taxes for wealthier Americans.

Current and future retirees would be well served if politicians would stop confusing the distinction between cuts in Social Security and cuts in the national debt. Mounting deficits are a legitimate concern, but can in no way be attributed to Social Security. Americans, both those receiving Social Security benefits, and those planning to receive benefits in the future, acknowledge the significance of the Social Security. A program that is so important to so many Americans deserves an honest debate.

SOURCES

1. http://www.epi.org/publications/entry/webfeatures_viewpoints_ss_myth/

2. http://www.fiscalcommission.gov/

3. http://voices.washingtonpost.com/ezra-klein/2010/08/the_republicans_on_the_deficit.html

4. http://www.huffingtonpost.com/mark-miller/its-time-to-bolster-socia_b_696327.html

5. http://www.cbpp.org/cms/index.cfm?fa=view&id=3260

6. http://www.aarp.org/work/social-security/info-08-2010/social_security_75th.html

7. http://www.epi.org/analysis_and_opinion/entry/fact_check_has_social_security_begun_tapping_its_trust_funds/

8. http://www.ssa.gov/OACT/TR/2010/index.html

9. http://voices.washingtonpost.com/ezra-klein/2010/07/more_on_raising_the_retirement.html

10. http://motherjones.com/kevin-drum/2010/08/deal

11. http://www.cbpp.org/cms/?fa=view&id=3262&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+cbpp%2FfYJq+%28Center+on+Budget+and+Policy+Priorities%29#_ftnref1

12. http://www.nytimes.com/2010/08/16/opinion/16krugman.html?_r=1&hp

While many people assume that prenuptial agreements are only useful when one partner brings a significant amount of wealth to the marriage, this assumption is incorrect. Prenuptial agreements are not limited to specifying the division of assets attained before the marriage. They can also be useful in specifying the division of assets that are accumulated during the marriage. There are a number of different situations which warrant a prenuptial agreement when neither partner has a lot of assets before the marriage.

A common example of a situation in which a prenuptial agreement might be necessary is when one partner agrees to support the other during professional or graduate school. Even though neither one of the partners has a lot of money at the beginning of the marriage, supporting the other partner through school can have a great impact on that partner’s future financial success. In a situation such as this, the earning potential of the partner who receives the advanced degree is likely to be much greater than that of the supportive partner.

Without a prenuptial agreement the partner who earned the advanced degree isn’t likely to be obligated to share his or her earnings with the other spouse in the event of a divorce. However, a prenuptial agreement can be used to protect the interests of the supporting spouse by specifying terms for spousal support in the future.

More and more Americans are choosing to become small business owners, and a prenuptial agreement can also protect spouses who have individual interests in forming a business and those who choose to go into business together. A prenuptial agreement can set out rules for how business assets should be handled and divided in the event of a divorce. By agreeing on these issues in advance, both spouses can be confident that their earnings will be divided fairly.

Prenuptial agreements can thus provide couples with a feeling of security about the assets couples accumulate together. An expert family law attorney can help couples draft a prenuptial agreement that will protect the interests of both parties and their future earnings.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/

Unfortunately, many unmarried women find themselves alone after they become pregnant and the father of their child leaves. This abandonment can be emotionally taxing for a young woman by itself, and there are a number of legal issues at stake that must be handled as well. Not only must the child’s paternity be confirmed, child support must be secured from the baby’s father, and a child custody arrangement must be worked out between the parents.

Once an unmarried woman becomes pregnant, determining the paternity of the child is essential in pursing child support. With married parents, paternity is established automatically. However, if parents are unmarried, paternity establishment is not automatic. Both parents should start the process as soon as possible, so that the child will not have to suffer. Once the child is born, unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. If the father contests the paternity, a paternity test can be administered.

Once paternity is established, a family law attorney can then work to get an order of child support from the father, and the California Department of Child Support Services can assist unwed mothers with child support collection and enforcement. Securing child support is an essential step for unwed mothers, as it offers the financial support necessary to make sure that the child is properly taken care of.

Child custody arrangements between unmarried couples can be quite complex and difficult to navigate. An experienced family law attorney can help unmarried mothers construct a child custody arrangement that will work for both parents and will serve the best interests of the child. When establishing custody, the courts will take a number of factors into consideration including:

• The child’s health, safety and welfare
• The stability of each parent’s home environment
• The history of physical abuse
• The parents’ criminal history, as it may restrict custody or visitation orders
• Whether or not siblings are involved
• The wishes of the child, if he or she is old enough to make them known

A family law attorney can provide assistance in working through all of these issues. Just because a young woman is not married when she becomes pregnant doesn’t mean that the mother, and child, do not have legal rights.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

“In addition, medical errors don’t tend to just happen in a hospital, and may arise in a physician’s office, an operating room, a clinic, the ER, at a drug store/pharmacy, at home, in a lab, or a nursing home,” added Hofland.

Many people don’t realize that misdiagnosis is classified as one of the most costly forms of medical errors simply because it often leads to wrong medical treatments, delayed treatment or even no treatment because of a misdiagnosis. “Be aware that there are also an increasing number of people who attempt to self-diagnose by surfing for conditions on the Internet,” indicated Bradley J Hofland, a Las Vegas personal injury lawyer.

Aside from that form of misdiagnosis, there are some conditions that just don’t get pinpointed, particularly if there are no major symptoms presenting. “Even if there are symptoms, this does not mean that there won’t be a wrong diagnosis if the disease mimics something else. Along the same lines, there is also a chance of a right diagnosis, but the wrong subtype of disease,” explained Hofland. Included in this area of misdiagnosis is also the fact that a disease, if diagnosed, may have a variety of companion complications that need to be dealt with and treated.

Cases such as the ones mentioned here should be discussed with a highly skilled attorney, familiar with this area of the law. The only way to obtain justice in situations like this is to seek redress through the courts for personal injuries.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Going through a divorce is not a lot of fun for any of the participants, not to mention the usual financial consequences dogging both parties as they struggle to get back on their feet. However, the rush to the divorce courts seems to be slowing down, thanks to the bad economy, something that Bradley J. Hofland, a Las Vegas divorce lawyer, has noticed as well.

If a person stands to lose a great deal of money, property, assets, pensions, etc., when they file for divorce, it stands to reason that they would be thinking twice about whether or not to pull the plug and take their chances with the courts. There isn’t always a lot of certainty about how the property may be split or how alimony and child support issues will be handled. One thing is for certain, divorces cost money and that seems to be a fact of life.

“It seems that divorce these days is now something people consider very carefully before they make any decisions they may not be able to live with later,” added Hofland, who practices Las Vegas family law. In fact, 37 percent of the members of the American Academy of Matrimonial Lawyers are reporting that they’re once again seeing a decline in divorces. Interestingly enough, this trend seems to follow a pattern directly tied to the state of the American economy.

These days if someone wants a divorce, they need to do some serious planning before they make any decisions. One of their choices may be to wait until the economy improves and people’s ability to manage debts takes a turn for the better. What also seems to be happening on the matrimonial front is that those in troubled marriages are waiting to see what happens. “Two things may happen in that instance – the problems may resolve and the marriage may continue, or the issues merely percolate and the parties start to get prepared to divorce at a later date,” said Bradley J. Hofland, a Las Vegas divorce lawyer.

Facing a job loss, lay off, illness or divorce is enough to make many people stop dead in their tracks and consider what it would mean if their net worth took a sudden plunge. The facts are that they would likely not be able to make the payments associated with a divorce – the legal fees and the possibility of also paying out two types of support – spousal and child. To find out what would happen in the event of a divorce, contact a highly skilled attorney such as Bradley J. Hofland, a Las Vegas family law attorney.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Not many people have heard of the term anesthesia malpractice and it doesn’t just happen in the operating room, as many would guess. It may happen during pre-operative prepping, post-op recovery, or even in any location where anesthesia is given, such as a medical facility or physician’s office. Las Vegas personal injury lawyers are well aware of cases such as this.

The assumption that lies at the basis of any medical malpractice lawsuit is that doctors or medical professionals owe us a primary duty of care to exercise their skill and training with due diligence to the patients. Although medical practitioners are human and do make mistakes, their standard of care is higher because of their training and the enormous amount of trust others place in their hands. Not exercising the proper care may result in severe injuries or death.

The scope of anesthesia mistakes ranges from possible incidents during childbirth and may also encompass dental procedures. The difficult thing in this particular field of medicine is that errors are not just limited to anesthesiologists. To administer anesthesia all one requires is specialized training and certification.

This explains why you’ll find other people, (besides doctors) giving anesthesia in places like a dental office, an office that specializes in cosmetic surgery and other outpatient procedures; e.g. colonoscopy. This isn’t to say that ordinary people on the street are able to get special certification in administering anesthesia, as it’s only medical professionals that get this training, and that includes dentists, surgeons and nurses, etc. While incidents like this are not highly common, many Las Vegas personal injury lawyers have handled some cases during the course of their practices.

Injuries that result from a brush with the wrong dose or method of administering anesthesia usually manifest themselves in the form of an overdose and/or the failure of the person giving it to properly prepare the patient, take extra precautions or monitor the patient.

There is one other area where sometimes things go awry, and that is when the anesthesia staff don’t properly inform the patient of what they may expect. Informed consent issues are another area of duty of care by medical professionals that needs to be followed to avoid disastrous consequences. If you have any questions about an incident that you may have endured involving anesthesia, discuss your concerns with an experienced Las Vegas personal injury lawyer.

Be aware that liability may not just be outside the hospital or other office settings and may involve the actual equipment used. All the apparatus used when administering anesthesia needs to maintained consistently and diligently, and if anything is not done properly, liability may fall on the manufacturer or the individuals who maintain the machine(s).

If you feel you have been the victim of anesthesia malpractice, contact a highly skilled Las Vegas personal injury lawyer to help you build your case for just compensation.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

The recession has hit Americans right where they live, and times are incredibly tough for many struggling to keep food on the table. Throw a divorce and maintenance and child support into this mix, and you have a recipe for disaster. Divorced spouses who have lost their jobs, or even taken a cut in pay to keep a job, are wondering how on earth they are going to keep up their maintenance/child support payments.

The one way to accomplish this is to request the courts make modifications in previous child support/maintenance agreements. Evidently, according to a fairly recent survey conducted by the American Academy of Matrimonial Lawyers, roughly 39 percent of America’s top ranked divorce attorneys are reporting a significant hike in the number of modifications being made to child support payments. On the other hand, close to 42 percent across America and in Las Vegas family law offices have seen an increase in changes made to alimony payments.

Times are tough all around and the signs of the times are often seen in Las Vegas family law offices as they assist clients in dealing with the fall out of a change in financial circumstances. In most instances, that directly affects their client’s ability to fulfill their contractual obligations as first negotiated. There certainly aren’t many other alternatives for a person paying child support/alimony to adjust their payments if they’ve lost their job or become too ill to work.

Keep in mind how the child support was figured out in the first place – usually by the courts after they look at several factors on both sides of the fence. Those factors included what each parent made yearly and could encompass things like social security, pensions, benefits, workers’ compensation, lottery winnings, tips, investment income and UI.

Digging a little deeper, the court would also ascertain if there was child support being paid or received to maintain children from another relationship, what was being paid out in terms of extra education expenses and childcare expenditures. Health insurance costs are factored in as well. Generally speaking, this is the process to figure out child support and your Las Vegas family law office will help you in calculating these expenses.

In order to get any changes made to the child support payments, you have to go back to court and specifically ask for a modification. The way that works is if both parents agree, (if they don’t – ask your Las Vegas family law office lawyer what to do next) they hand in something called a “stipulation” to the court.

The court’s role is to approve the stipulation and issue an order modifying the original child support order. Be aware that the “only” modification that will be enforced is the modification the court issues. Nevada will not enforce child support payment agreements cobbled together by the parents. By the way, it is also possible to get a temporary modification for a minor change in circumstances. Speak to your Las Vegas family law office lawyer and find out how this process works.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Generally speaking, the first classification to note is misdemeanors and felonies. It’s the felonies that are the most serious offenses and often come with a jail sentence, or in some very serious crimes, the death penalty. On the other side of the coin are the misdemeanors that usually are categorized as being less serious offenses and come with a jail term of less than a year in the county jail, not a penitentiary.

Past this initial first breakdown of the differences, there are further categories that usually depend on the severity of the crime in question. “An example would be a Class A misdemeanor, which is considered fairly serious and normally comes with a jail term and a fine. However, this varies from state to state,” explained Jeremiah Denslow of Denslow Law in Dayton, Ohio.

Class B misdemeanors may only have jail terms of up to 180 days, and Class C misdemeanors usually just carry fines, but again, these are generalities and this may change from state to state. If a person is charged with one of the above misdemeanors, it’s best to consult with a qualified attorney and have them explain the situation and deal with the charges.

When dealing with felonies, the price tag tends to be higher, and again, variable from state to state. “In felony classifications, the most serious crimes such as first-degree murder are labeled capital felonies. Someone convicted of a capital felony in states that have the death penalty, may get death or life in prison,” added Denslow.

Generally speaking first-degree felonies earn prison for five years to life; second-degree receives no more than 20 years and no less than 2 years; and third-degree felonies tend to get prison terms of no more than 10 years and not less than 2 years. However, having said that, in many instances there are circumstances that may change how an offender is punished. This will have to do with the work of the lawyer who handled the case.

“Generally speaking, in order to figure out what crime fits what classification, the law looks at what the state has on the books, any priors and mitigating or aggravating factors,” outlined Jeremiah Denslow of Denslow Law in Dayton, Ohio. This is where a highly qualified attorney will be able to make a significant difference in the outcome of cases such as this.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Getting a divorce is difficult for all the involved parties and has been called by many psychologists a form of death. There are very few divorces that could be classified as “easy,” with most of them falling somewhere between acrimonious and contentious.

The process of divorce deals with many issues, not the least of which is the division of assets, child custody, support or maintenance for the spouse, and visitation rights. “Since these issues are all dealt with differently in each state, make sure to ask your lawyer what happens in your home state and what you will need to do to file and get through it all,” advised Jeremiah Denslow of Denslow Law in Dayton, Ohio.

In some states when someone files a petition for dissolution of marriage, the divorce may be deemed to be either a “fault” divorce or a “no fault” divorce. Again, this is something that needs to be checked with a competent attorney familiar with divorce law, as each state has slightly different classifications for divorce petitions.

“For a no fault divorce, the spouses need to have been living apart for at least 2-years or longer. They must cite irreconcilable differences as the reason for their petition” explained Denslow. On the other side of the coin is a spouse who has cheated, is impotent or abuses substances, and these are the reasons the marriage came apart. This is definitely a fault divorce.

Other issues that need to be dealt with during a divorce include the division of joint property. “There are a variety of conditions/circumstances that apply to whether or not an asset purchased after marriage is eligible to be split up. The distinctions here have to do with the difference between marital and non-marital assets,” outlined Jeremiah Denslow of Denslow Law in Dayton, Ohio. The lawyer dealing with a divorcing couple will need to run down the conditions to keep both parties informed of what is required by law.

Child custody is another “hot button” issue that has the potential to get quite ugly, as one parent usually wants more access to the children than the other parent is prepared to give. “In really contentious situations, the courts do take a child’s wishes into consideration when making any custody decisions; however, their overall well-being relating to mental, emotional and physical development may override those wishes,” added Denslow.

If faced with the difficult decision of divorcing a spouse, make it a point to retain a skilled divorce attorney who is able to assist in making the divorce process go as smoothly as possible.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Many neck injuries are silent until they start to cause a problem. They are, in some ways, similar to brain injuries in that they don’t always manifest themselves right away. Most neck problems come about as a result of being in a car crash, or from slipping and falling.

Most of us are familiar with the term whiplash and perhaps have even suffered through a case of it. These personal injuries are notoriously sneaky, as they show no visible signs or symptoms. Some of the pain and discomfort will vanish over time; however, no one is one hundred percent sure when other consequences might not happen, such as numbness, disability or paralysis.

Soft spinal cord tissue damage may not manifest itself for years and remain silently waiting for a chance to cause problems that may even include death. Never make the mistake of thinking that a minor neck sprain will just “go away,” as many neck injuries have the ability to come back and haunt a person. No one wants to find out that what they thought was a minor injury and they settled for it, is actually a major condition that might cause them to spend their lives in a wheelchair.

If you have been injured in a car accident, or have slipped and fallen and injured your neck, contact a skilled attorney to take your case. Just because it may seem to be an inconsequential neck injury, the prognosis for this type of damage is always uncertain at best.

A highly trained attorney knows how to build a case to claim compensation for what seems like a minor injury, but may have the chance of developing into something worse. Your attorney will be intimately familiar with medical language, x-rays, imaging techniques, and therapies for treating neck injuries. S/he will also be able to explain to a jury the real consequences of a whiplash injury.

Remember, never assume because the neck damage seems to be inconsequential that you may not have a significant problem later in life.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Close to one million people in the US are affected every year by burn injuries, with many that have happened in the workplace. In fact, workplace injuries are not all that uncommon, and may happen in a number of ways.

The most common burn injuries are those that happen to people working with an open flame of some sort, used in making or destroying various commodities. A fairly high rate of burn injuries tends to take place in the metalworking industry, where workers are melting materials to manipulate them while they are soft.

Industries that are housed in aging buildings don’t always have proper protection in the event of a fire. They may not, despite being warned or cited, have fire extinguishers, sprinkler systems or even a fire alarm. The ramifications would be particularly devastating to those working in a facility like that.

While many people think a burn injury comes from a fire, there are other ways to be burned that don’t involve fire, such as chemicals and acids. These in themselves would cause even nastier burns than fire in terms of direct exposure. There are a number of larger manufacturing companies that use highly dangerous and caustic chemicals that pose a serious threat to workers if they aren’t trained properly to use them.

Some of the chemicals in a workplace may burn on contact or burn on inhalation. A burnt throat or lungs is incredibly painful and exceedingly dangerous. In all instances where workers are exposed to dangerous chemicals or other hazards that may affect their lives, the employer has a direct responsibility to provide a safe workplace.

The employees must be trained to handle dangerous materials, must have proper safety equipment, a means to clear out of the building in the event of a fire and actual fire equipment. Any injuries sustained as a result of a burn are highly complicated to treat. Medical expenses to treat burns are also very high, as most serious burns generally require skin grafting, among other things.

If you or someone you love has been badly burned on the job; contact an attorney who will be able to outline what is required to obtain a personal injury settlement and who will work with you to make sure you get justice.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

“There are circumstances where support (alimony/maintenance) may indeed be modified later and those may include losing a job, becoming disabled, having to take a significant pay cut to keep a job or other major changes in one’s life, such as a significant illness,” explained Bradley J. Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher. Even though a final divorce decree stated amounts and times those payments were due, the law does understand that things change over time.

“In order to go for a post-decree modification, the change to a person’s life must be a significant one in order for the courts to consider allowing a reduction in the amount of support originally part of the final decree, said Hofland. To file a post-decree modification, hire a family law attorney with extensive experience in this area of the law. They are there to outline all the available options depending on what circumstances are present at the time of the filing.

Don’t wait to file a post-decree modification, as payment under the original decree must continue until the court has heard and modified the new application. The longer one waits to do this, the more money they may ultimately pay out. “Be aware though that the “change” cited in the post-decree modification needs to be very significant in order for the courts to consider making changes,” added Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher.

In other words, losing a job might not be a valid reason for the courts, as they look at each individual situation prior to making any changes. For instance, if the party applying for a post-decree modification has a fair number of assets, this would mean they could still afford to pay support.

“Just because an application has gone to court for consideration does not mean the payments may be stopped or reduced until the court says so, and it definitely does not mean reduced payments are retroactive. On the other hand, if the decision is for an increase in support, those payments would be retroactive,” said Bradley J. Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher.

If facing a situation where it looks like filing for a post-decree modification makes sense, hire a top-notch family law attorney to help negotiate all the twists and turns that may be down the road.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

There is a way to protect assets during a divorce, but it is complicated and in addition to the emotional upheaval of the event, it might not be worth the fight. This is where those who catalogued their assets in advance usually have an easier time of it.

If starting from a position behind the eight ball, then make certain a really top-notch family law attorney is on board by hiring Las Vegas family law attorneys. First class legal counsel is key in determining who is entitled to what property. An attorney knows the law and how it affects property rights. An attorney also knows when other professionals may need to lend their services, such as appraisers and accountants.

“If a spouse has a legal document called a “Power of Attorney” and had the ability to control property and finances, prior to divorce, have the lawyer revoke this authority immediately,” said Bradley J. Hofland, a Las Vegas divorce lawyer with Hofland, Beasley & Galliher.

There are many factors to consider protecting assets during a divorce, where everything owned by both parties is examined and divided or awarded to one party. Some assets are not subject to division, such as gifts, family heirlooms and personal injury awards based on pain and suffering.

Be sure to distinguish community property from separate property. The only way to properly do this is to hire a lawyer. Many times, couples argue over the value of their assets. When this occurs, it often becomes necessary to hire a professional appraiser to avoid any “he said, she said” battles.

Perhaps the most critical item of property many couples don’t immediately identify as being subject to division is retirement. In many cases, one party started a retirement fund or had a retirement benefit prior to marriage. During the marriage, the fund increased in value. “You should never try to determine what is subject to division and what is not, without the help of an experienced lawyer. A lawyer will advise you of the proper method of division and perhaps even engage the services of an actuary to assist in calculating a division,” aid Hofland.

One of the simplest and best tools to use during a divorce is a video recorder or digital camera to inventory every item of property that may be disputed. “The pictures should then be attached to the list made of items gifted prior to marriage and those given after the marriage. Do not remove anything from the home until this inventory has been completed,” said Hofland.

When the cataloging is done, then remove personal items to a safe location, not accessible by a spouse. Oftentimes, small personal or very valuable items have a tendency to “disappear” or “never exist” when parties are involved in a contentious divorce proceeding.

Once you leave items behind, they may not be there when you come back. If one spouse left voluntarily, they may go back to get their belongings. “If the locks have been changed, the locked out party has a right to call a locksmith, unless the locks were changed subsequent to a court order,” outlined Bradley J. Hofland, a Las Vegas divorce lawyer with Hofland, Beasley & Galliher.

There are many other things that divorcing parties need to be aware of when it comes to the process of splitting the marital assets. Consulting a family lawyer with extensive experience in this area is the smartest solution to a difficult problem.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

There are actually several forms of adoption available for those who wish to go this route to have a child. Adoption is much the same process as deciding to have a child. You need to weigh out the pros and cons and consider what your motives are for having a child or for choosing adoption.

One method of adoption is known as domestic private. The others available to choose from are inter-country adoption, kinship/relative adoption and domestic adoption from state foster care. The route you choose will largely pertain to what you think is right for your particular family situation.

A domestic adoption usually proceeds through a licensed adoption agency, an attorney, adoption facilitators, doctors or other various avenues. In this instance, you are able to adopt directly from a family. Usually what takes place is that the family of the child typically chooses the family that will later adopt that child. In many instances as well, both the families will make decisions about how much contact the child will have with both sets of parents.

Inter-country adoption usually refers to adoption of children who are residents and citizens of one country, but the parents are citizens of another country. Typically in these instances, both governments of each country are also involved in this process. Check the State Department website to find out if the country you want to adopt from is allowing inter-country adoptions to the US.

Kinship or relative adoption means a family is adopting a child through close family ties, for instance the child of a sister, or through a relationship the family has with the child’s family. A good example of this would be adoption by stepmothers and fathers, grandparents or even friends. You definitely need the assistance of a skilled family law attorney for any of these adoptions, as these matters tend to be rather complex.

Domestic adoptions from a state foster care situation means that you would be adopting a child or children out of temporary foster care or a welfare situation. Children in circumstances like this require a great deal of time and commitment, as they have not experienced that in their lives prior to adoption to a safe home.

If you’re considering adoption, get in touch with an extremely knowledgeable family law attorney to assist you in getting through all the legal hoops.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

It doesn’t take a rocket scientist to figure out that a paternity test is to determine who the father of a child is. Tests really aren’t needed for the woman, unless she got pregnant thanks to an egg donation, because she is obviously the mother. This is why the male’s DNA is tested and not the female’s.

The simplest test to determine paternity happens to be the DNA test, because when a new embryo is created, it pulls DNA coding from both mom and dad to start a new life. The roadmap of the child’s DNA can only lead to one father and mother. DNA tests are startlingly accurate, up to 99.9%. The only exception to this rule is the remote possibility that one of a set of twin brothers could be the father. Still, in this situation, a combination of tests would be able to reveal the true father with a great degree of accuracy.

A practical question in some instances is whether or not a paternity test is “legally” necessary. While a father has a right to know if a child is actually his, the real question becomes whether or not it is beneficial for the child to know this piece of information.

How will it affect the child if it is determined that the father who has raised him is not his actual, biological father? The bonds that have been established between the father and child often make such a determination psychologically harmful.

Instances where a paternity determination is legally necessary are those instances where there are disputes as to custody, visitation, and child support. These issues most often arise in cases where the couples have not married, but ironically can arise in a divorce case.

We have seen quite a few cases where fathers who want to establish parental rights are in direct conflict with a person who may have raised the child as his own. In situations like this, there is often an ugly legal battle over parental rights and how granting them may affect the welfare of the child at the center of the battle.

There’s a great debate over this issue, with two schools of thought. The first one says that since the father created the child, he should have the right to be a dad to his offspring. The second school of thought supposes that a child should not be forced into having to choose between a man he has considered to be his “dad” and who has been present in the child’s home environment, or his biological dad. There is no perfect resolution, and each case should be dealt with on its particular set of facts and circumstances. This is one area of the law where there are very few, if any, perfect solutions.

Having a paternity test is sometimes akin to opening a can of worms, and the legal ramifications need to be carefully considered before proceeding. When in doubt about the wisdom of learning whether you are a child’s father, especially if the child already has a “dad,” consult with a skilled family law attorney who will be able to advise you of your rights.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

If part of a divorce proceeding happens to involve making arrangements for child visitation, then this is going to take some time and patience on the part of both parties. “The underlying factor of the utmost importance is what is good for the child(ren) and that they have equal access to both parents on a fair and equitable basis,” said Jeremiah Denslow of Denslow Law in Dayton, Ohio. This of course, is providing there isn’t some reason why one spouse or the other is denied visiting rights.

Child visitation may go a lot faster if both parents are able to agree on the type of custody and a schedule; however, that rarely seems to be the case. “In most instances, divorces are not the most amicable situations and sometimes neither parent is able to agree with the other on a reasonable timetable,” indicated Denslow. Those parents that get the short end of the stick need to remember to keep up the custody battle and don’t quit. It is vitally important that children see both their parents.

If various meetings and consultations with lawyers aren’t working because the parents are unable to agree, it might be time to try the mediation route. It’s obviously important that both parties be happy with the amount of time they get to spend with their children, but at some point, these types of decisions may need the assistance of an independent third party to get them settled. “Keep in mind that if the ultimate goal is to pay less in child support, then one party will want to have more time with their child,” outlined Denslow.

In most child visitation situations, the courts rule in favor of what is in the best interests of the child. “If this is an issue when visitation questions are being discussed, the reasons why the child (ren) should be with that one parent versus the other need to be clearly spelled out to get the court’s attention,” commented Jeremiah Denslow of Denslow Law in Dayton, Ohio.

Try to remember to keep child issues and other issues as far apart as possible, as this will reduce the volatile friction often associated with child visitation agreements. Stick to the high road – what is best for the kids – and don’t deviate from that. After all, this is really about the kids still having access to both parents, not a grudge.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

These records are remarkably detailed, and have everything in them relating to a divorce proceeding, including what county registered it, who the parties were, their dates of birth, full names, names of their children, property owned, the reasons for the divorce, settlement amounts and even alimony payments.

“Most people, when they are done going through the difficult process of a divorce, tend to just want the final proof that they are divorced and then get on with their lives,” said Jeremiah Denslow of Denslow Law in Dayton, Ohio. However, instances may arise later where access to those very records people want to bury is necessary. Those reasons could include legally changing a name or even remarrying.

Once upon a time, if those records were needed, people had a devil of a time trying to get them. “Now, with the advent of the Internet, high-speed connections and some creativity when searching, virtually all the information one could need is available with a few clicks of the mouse. Furthermore, it is now even easier to download and print the files as well,” said Denslow.

Wondering why personal material like this is available for anyone to see online? “Good question, and the answer happens to be that Ohio divorce records are public records, which means anyone may view them,” indicated Denslow. Some sites may charge for the privilege of searching and downloading various requested files. While there is access to free online databases, these are generally not as well maintained as the ones that offer the information for a small fee.

“If there are any questions about the accuracy of the records, who is accessing them and why, it is best to speak to a divorce attorney who will be able to outline what rights people have when it comes to accessing public records,” advised Jeremiah Denslow of Denslow Law in Dayton, Ohio. In general, if there is information that a person would rather not see publically posted online, then that discussion needs to happen with a skilled attorney.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

While it might be an innovative way to balance the local budget, over ticketing people for moving violations has another side to it – people being incorrectly or indiscriminately ticketed taking their case to a lawyer. One has to wonder if this was a factor that was even considered when the bright idea occurred to the politicians needing funds in the coffers.

This type of extracurricular ticketing activity takes on a slightly meaner edge when out of state and out of country vehicles are ticketed. In those instances, most of the drivers tagged will just pay their fine. Who is going to stick around and fight the case in court? The answer is not many people; however, this isn’t stopping the police from handing out even more tickets to the local citizenry, much to their everlasting annoyance.

Look at it from the point of view of a bureaucrat wanting to make dollars and cents from traffic enforcement in town. A traffic officer is paid (and this does tend to vary from location to location) roughly $65,000 to $75,000 a year. That sounds like a lot of money for a small town or country to be forking out. However, that same traffic officer has the ability to be able to pen anywhere from $150,000 to $200,000 in ticket revenue.

When you realize that some small towns make up to three quarters of their yearly revenue by handing out traffic tickets, you get the urge to not drive anywhere near those towns. Moving violations certainly have their place in the greater scheme of law enforcement, but their overuse really raises concerns when it comes to the fairness and accuracy of the ticket(s) issued.

Be aware that over the past few years, the penalties for moving violations have shot up quite drastically. For instance, if you happen to drive for a living as a sales rep with a company car and get three or four speeding tickets in three years (which doesn’t sound like many) you may be assessed 9 out of 12 points, which will dramatically affect the price of your insurance.

If you think you have been given an unfair moving violation, call a reputable attorney who has experience in this area and talk to them about the circumstances of your case. While not every case may be able to go to court, there are likely a fair number that would certainly benefit from questions being asked in appropriate places.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

No matter what your impaired driving charge is called – OVI, DUI, or OMVI, the consequences are just about the same. By the way, OMVI simply means operating a motor vehicle while under the influence, intoxicated or impaired. While it might be nice to have a variety of charges to choose from, driving drunk in Ohio is still driving drunk in Ohio. It’s not a smart thing to do and the consequences will follow you for life.

Generally speaking, if you’re picked up and arrested for an OVI, it may trigger two separate cases. The first one would be with the Ohio Bureau of Motor Vehicles. Act fast in this instance and make sure you have a competent attorney to help you because you have a very limited time frame in which to challenge the suspension of your driver’s license. This is not a judicial hearing.

Just because there is a bureaucratic hearing doesn’t mean you are done with the bad news. The second action in Ohio is the criminal case. The prosecutor needs to prove beyond a reasonable doubt that you did indeed drive while loaded to the gills with drugs or alcohol, which had the reasonable result of impairing your mental and physical capabilities to a significant degree. To put this another way, if you had a blood alcohol level (BAC) of .08% on testing, you are presumed to have been driving under the influence, which is a fairly reasonable assumption.

OVI penalties are usually linked to whether or not you have a history of prior criminal and traffic offenses, how high your BAC was, and the details of your particular case. While this may surprise you, it should make some sense; the higher your BAC, the higher the penalties, sometimes even doubling what they may normally be.

If you’re faced with an OVI charge in Ohio, make it a point to contact a skilled OVI attorney who knows the system inside out, and take some very smart advice from that same counsel. If you’re stopped for an OVI, do not speak to anyone other than your attorney, or you will find the things you said coming back to haunt you later. Only your attorney needs to hear what you have to say. In most cases, your attorney may be able to intervene, reduce the charges, mitigate them or have the whole case thrown out.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Divorces are not much of a picnic and in fact have been likened to root canals by most people who go through them. No matter how strong and tough a person is, a divorce hits people hard – mentally, emotionally and in some instances, physically. Many people aren’t aware that before they get to the actual legal, final divorce, they are many things that need to be done.

Usually the major thing that has to be taken care of is the division of property. When it comes to who gets what, emotions usually tend to run quite high and financial factors may figure into the acrimonious division process. A divorce lawyer will advise that a list of all property jointly and separately owned needs to be drafted.

Even if one party paid for a certain item, that item must be listed if it was acquired after the date of the marriage. Most of the items on a list such as this are considered large ticket items that both people own – separately or by virtue of being married. Things may be left off the main list, but only if both parties to that decision agree.

Listing the property is just the start of the process. The next step is valuating what each item is worth. Don’t skip this part of the proceedings, as it will come up in court when the judge wants to ask questions. The value of the property is a major factor in how things are split by the court. If this is part of the divorce process that parties would rather avoid for fear of not ultimately getting what they really want in the property split, then agree to split things before going to a hearing. This may not be possible if neither party is on speaking terms with the other one, but it may save a lot of angst, anger and frustration later on if a mutual agreement is reached first.

If faced with making decisions in a messy property split, hire a skilled divorce attorney who will advise on the best way to handle situations such as these and make sure the proceedings go as smoothly as possible.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Child visitation is an issue that won’t go away; even if the parents are divorced, they still play a role in the child’s life. Nothing in this area of law is crystal clear and in fact, it could even be said there are far too many shades of gray to be intelligible. This is such a loaded area of the law for a variety of reasons, mostly having to do with the need for both parents to be flexible when their circumstances change and whether or not they feel the need to be accommodating about it. The fact of the matter is that visitation rights are often the last bit of leverage one parent has over the other.

For this, and other reasons, sitting down with a skilled lawyer to work out a detailed visitation agreement may save years of stress and actually wind up being beneficial to the parties and the children – the people who really count in visitation disputes. Most courts advocate for agreements that are in the best interests of the child, which often means that both parents will have significant access to the child. If the parties are able to work this out on their own, it is often better than being handed a court-imposed solution. If the courts do need to step in, the parties may find they don’t like the options in the visitation agreement.

Using a little common sense and remembering who is the most important party to the visitation agreement provisions – the child(ren) – should bring a bit more clarity and reason to the process of trying to work out a visitation schedule. It’s usually best if the parents work things out on their own and come to terms that are equitable and as fair as they can be under the circumstances.

If the courts need to step in they will have an eye to balancing and weighing several factors to arrive at a fair visitation agreement. Those factors would include the location of both parents, what school requirements need to be met, the age of the children and their health and other social concerns. While these things may change over time, the courts realize there has to be at least a starting point.

If faced with a child visitation agreement dispute, it’s best to discuss the various options with a well-qualified attorney and have them guide the participants towards a workable solution rather than have to put out more money to take the matter to court.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

If you think you tripped and fell on someone’s property because of dangerous conditions, then it’s time to talk to an attorney who has experience in this area of the law. Accidents like this are wont to happen just about anywhere and only a good attorney will be able to advise you whether or not you happen to have a decent case, or – in the spirit of a good legal joke – have a leg to stand on.

If you’re talking about dangerous conditions where you were walking, in most instances you are referring to a failure on the part of the person who owns the land in question (or the proprietor) to offer safe passage on their property. For instance, the site of the accident clearly shows poor maintenance and/or neglect such as broken stair railings, cracked floors, poor lighting, etc. To put this another way, the condition of area where you had your accident was shoddy, and management didn’t immediately fix things, thereby creating an accident looking for a place to happen.

In circumstances such as this the landowner or proprietor may be held accountable for any injuries if it is proven in a court of law that the cause of the accident was negligence. And negligence is what? Negligence is proven when a plaintiff demonstrates that a defendant failed to abide by certain safety rules and that this caused the plaintiff’s injury. Now this might sound fairly simple on the surface, but it rarely is, as the defendant has the right to say whether or not the plaintiff is a trespasser, a licensee or an invitee.

Why would it make a difference what the plaintiff was doing on the property? It makes a difference because it outlines the extent of the defendant’s liability. So, an invitee is there because they were asked to be there and the landowner knew the person was coming. By the same token if a person is invited, that means the property must be safe from all hazards. Invitees might be diners in a restaurant or supermarket customers.

A licensee is a person who is on the landowner’s property for his or her own reasons/purposes, but with the permission of the owner. The only duty due here is that the landowner must warn the licensee about any known hazards that someone there for the first time would not know. The owner isn’t required to fix anything, just warn about the hazards, if there are any.

Logically then a trespasser is there without permission and is not welcome on the property. In this instance the owner isn’t responsible for any accidents, as the owner would not be aware a trespasser was on his or her property.

If you’ve been involved in a slip or trip and fall case, contact a lawyer to find out your eligibility to file a claim.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on  Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Med mal cases are not about simply asking the medical institution or the physician to fork over the cash to pay for negligence and injuries. It involves far more than that and will definitely include insurance companies bound and determined to state their client was merely doing what they were supposed to do, according to accepted medical practice. This of course may turn into a three-ring circus in the process, as gross negligence cases usually wind up being settled to avoid the bad publicity that would accompany them.

While you may think you have a good case, and even be aware of what may be required to launch a personal injury med mal case, you will need a good med mal attorney to deal with the infighting between the insurance companies, sort out what damages you may be able to collect and make heads or tails of all the confusing paperwork that tends to go with cases of this nature.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

It’s a fact that many sports, even ones that are played for enormous salaries, do have inherent risks for the players involved. For instance, hockey has a high risk of brain injury from a fall on the ice or being high-sticked and losing an eye. Playing a sport is taking the risk that there is an accident waiting to happen; however, this is not a reason or excuse for a coach or trainer to use as a way to deflect culpability.

“Very simply, the equipment manufacturer, a training center operator or even a sports trainer has a responsibility to those who will be using their equipment or training under them,” advised Jeremiah Denslow of Denslow Law in Dayton, Ohio.

Consider the situation where a faulty piece of equipment used in a sport caused an athlete to be seriously injured. The injuries are not the fault of the player, but instead directly due to faulty or improperly maintained equipment. “These types of accidents, as a result of defective equipment, are not something that players may reasonably expect while playing their sport of choice. These injuries are not excusable just because they happened in a sporting venue,” explained Denslow.

If faced with a severe injury as the result of playing a sport, it is best to consult with a highly skilled personal injury attorney to obtain justice. In many sports injury cases, rehabilitation will take just as long and be just as expensive as if the injuries had taken place as the result of a car crash or other accident.

“The bottom line is that a defective product is a defective product, and if someone is negligent in providing the right kind of equipment (that is safe and well-maintained), then they are likely to be faced with a lawsuit,” commented Jeremiah Denslow of Denslow Law in Dayton, Ohio.

Never try to settle cases such as this without the assistance of a skilled personal injury lawyer, as there are too many things that could go wrong when trying to claim proper compensation. The attorney knows what the courts favor in terms of damage awards for cases such as this.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Anyone may be involved in a car accident at any time, as life tends to turn on a dime most days. “The thing is, what if the car accident was someone else’s fault? What if there are serious injuries involved or even a death? The question then becomes what is the possibility of compensation for those injuries, not to mention filing all the appropriate forms for compensation,” explained Jeremiah Denslow of Denslow Law in Dayton, Ohio.

Understanding how the process works in the aftermath of a car crash is something that is best left to an experienced car accident attorney who knows how to expedite matters and get justice quickly. “Recovery from the accident is difficult enough for the injured driver without having to battle the legal system as well,” said Denslow.

“While there may be a general understanding of what needs to be done after the dust settles from a car accident, don’t make the mistake of signing off on a potential claim too soon just because the insurance company is trying to get a rushed settlement. They are not doing anyone any favors, and in fact are more concerned with saving money, not settling for what an injury may truly be worth,” stated Jeremiah Denslow of Denslow Law in Dayton, Ohio. This is yet another reason to hire a skilled car accident attorney.

Injuries such as whiplash or bruises and contusions may look fairly benign on the surface, but experience has taught a resourceful attorney that things are rarely what they seem to be. In fact, significant problems may arise from a mild whiplash case even a year later.

Most injured drivers cannot afford to lose money in terms of compensation for their problems, as many may find themselves facing therapy, medical bills, loss of wages and other tangible and intangible things. “Again this is the primary reason for consulting with a personal injury attorney who has experience in handling compensation claims as a result of car crashes,” commented Denslow.

A good lawyer will be able to advise their personal injury clients of how damage awards are decided. For instance, the award amount is normally dependant on factors such as pain and suffering, loss of companionship and in some states, apportioned liability – meaning if both parties are deemed at fault for an accident, the award may be handed out according to what percentage the fault is deemed to be.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Elder abuse is one of the most serious and heinous crimes in today’s society. It has an ugly face and an even uglier outcome for those who are the victims. The abuse may be physical, mental, emotional or psychological, and it may be deliberate or inadvertent. The ends results however are the same; an elderly person is abused and frightened. There is no place for this kind of situation in today’s supposedly enlightened society.

What causes elder abuse? Statistics indicate that often the cause of elder abuse is the result of the caregiver being depressed and under a lot of stress. While that may be the case, there is really no good reason for anyone, even if they are stressed, to take out their feelings on an elderly person who is not able to defend himself or herself.

In dealing with cases of elder abuse, we have seen instances of emotional abuse by using intimidation, humiliation and the deliberate withholding of pain medications. There are other forms of abuse prevalent in nursing homes or long-term care facilities, such as healthcare fraud, sexual abuse and exploiting the patient for money or other assets.

If you are not sure what is going on with your loved one who may be in a long-term care facility, watch for warning signs that may indicate a problem. One of the first things you will likely notice is a change in your loved one’s personality. Personality changes are something that must be investigated, as they are often just the tip of the iceberg in elder abuse cases.

Perhaps you may suspect physical abuse as you have seen signs of bruises, welts, marks on the wrists (from being restrained), unexplained weight loss, or other changes in physical appearance. Another tip-off is a caregiver not allowing you to be alone with your loved one. Also, be aware that in some instances there are over and under doses of required drugs being given to your loved one. This is much harder to spot and is something in which you need to speak to a competent attorney.

Are there any solutions to this prevalent problem? There are some, and speaking to a highly qualified elder abuse attorney is one of them. The other is hiring a live-in caregiver or a private caregiver, if funds allow for that.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

When you buy something from the store you believe that it will work or perform in the manner it is advertised. If it turns out that the product you purchased is defective and fails to perform and/or causes injuries or death, this is the time to consult with a Dayton personal injury lawyer.

Victims of defective products may very well be entitled to collect monetary damages for the injuries they suffered by talking to a Dayton personal injury attorney who will advise them on how to make a claim for product liability against the manufacturer (and possibly other parties).

This brings up the question of what constitutes a defective product. Basically, it refers to a thing (product) that is faulty and winds up causing damages. That is the simplified version and product liability actually has a wider definition that includes not only a defect in the product, but the way it is labeled or how the product was used.

The interesting thing about defective product litigation is that it usually isn’t just one person that is sued for damages. It is often a whole chain of people starting at the manufacturer and working down the chain to the distributor, supplier, retailer, and anyone else involved in selling the defective product. Why the whole kitchen-sink approach? Someone has to be held accountable/liable for any injuries or a death caused by their product.

What kinds of products are often involved in product liability suits? Many of these you may recognize, and some you may not have thought about; for instance, drugs, power tools, cribs, airbags, seat belts and brakes. While some of the cases filed in the courts for product liability may be solo cases, there is the possibility of a class action lawsuit if there are enough people who have experienced harm from the same product.

Not to confuse the issue, but there are three kinds or types of product defects: manufacturing defects, marketing defects and design defects. Design defects are the result of a product not being safe for its intended use and the maker of that product should have known there was a risk to people using the product.

Manufacturing defects normally happen during the process of making the product. While it may have been designed to be safe, something went wrong when making it, e.g. the maker uses the wrong material to produce the product or uses poor quality materials. In instances where the manufacturer chooses to not use proper materials, this may result in a manufacturing defect.

A marketing defect is when the manufacturer does not warn the public about the dangers of using its product or fails to hand out the proper instructions to use it safely. Given the number of things that could go wrong with products on the market today, it’s best to speak to a highly qualified Dayton personal injury attorney if you suspect you may have a legitimate dangerous product case.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

In many states, the governor of a state or the President usually grants a pardon for a crime and the forgiveness of the punishment for it. In some cases pardons go along with clemency, but this is not always the case, and they are different. “Clemency (a.k.a. reprieve) only reduces the punishment for the crime; it does not forgive the actual crime,” explained Jeremiah Denslow of Denslow Law, Dayton, Ohio.

There are circumstances where someone has been wrongfully convicted of a crime and is offered a pardon. Interestingly enough, most people will not take the pardon for fear of being considered guilty. Their first choice is to do the appeals route and have their sentence overturned.

The President actually has wider powers than one would realize, in that he may not only grant pardons, but he may also issue a conditional pardon, a commute sentence, conditionally commute a sentence, order a remission of forfeiture and fine, order respite, and grant amnesty. Although they are fairly wide-ranging powers, they are rarely invoked.

If we’re dealing with a federal pardon, this is another ball of wax,” said Jeremiah Denslow of Denslow Law in Dayton, Ohio. “Federal pardon petitions are always addressed to the President; and yes, they actually do get to his desk and he decides to say yea or nay,” explained Denslow. Understand that Presidential pardons can be a real can of worms for the Executive office, so they are chosen carefully, if at all. One only has to recall President Clinton’s pardon of Marc Rich, the fugitive billionaire.

The Department of Justice gets close to 600 applications for federal pardons yearly and only about 10% of those are granted. The numbers may vary depending on who happens to be in the President’s office at the time. Just a quick glance at the statistics after WW II indicates fewer pardons have been granted since then.

In most instances, the person who vets the pardon petitions, the Pardon Attorney, only gives the nod to people who have done their time and have stepped up to take responsibility for their lives; now this is federally speaking. “On a state level, there are a fair number of governors/special boards capable of granting pardons according to applicable state laws,” said Denslow.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

The raison d’etre for child support laws is to ensure parents do support their kids, no matter where they are living. They don’t have to be married, but paternity/maternity is an issue before paying support is court ordered.

The results of a DNA test will show the courts who the true father is, and from there the courts tend to award support along state-mandated guidelines. There is usually a bit of legal common sense mixed in their decision as well, given the supporting financial documentation.

“Generally speaking, in child support cases, one parent is the designated custodial parent or the primary caregiver,” said Jeremiah Denslow of Denslow Law in Dayton, Ohio. This means the other parent is the non-custodial parent and is obliged to pay a portion of the costs of raising their child. “In instances where there is joint custody (equally split child care responsibilities) many states have laws where one parent must continue to pay support, particularly if there is a large gap between the parent’s respective income,” explained Denslow.

Each state has its own set of child laws and equally as many ways of determining the amount of child support award payments. This is why it is wise to consult with a child custody lawyer such as Jeremiah Denslow of Denslow Law in Dayton, Ohio.

A fair number of the states use many factors to figure out support – parent’s income, basic living expenses, school costs, how many kids are at home and their ages. Children with special needs are a different proposition, and adjustments may be made to ensure these children receive proper care.

“In many cases, if there is a question of accounting regarding the money the non-custodial parent pays, the courts will direct that any monies paid for things such as schooling be paid directly to the school,” outlined Denslow. In other states each parent may have to assume a percentage of the expenses for various need, e.g. medical costs.

In instances of non-payment of child support, most states take a really dim view of the non-custodial parent baling out on their responsibilities and when they are caught, they may get a six-month stint in jail. “Whether a person is in jail or not does not mean they can stop paying child support because they are still required to pay it, no excuses,” added Denslow.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

The honest to goodness truth is that people just don’t think when it comes to drinking and driving, preferring to believe that accidents would never happen to them. It’s something about the rose colored glasses after a few shots that make people lose their initial sense of good judgment. It’s something about people thinking that because they have been drinking they have suddenly become invincible, when in fact they have become deadly drunk drivers.

Those very same drunk drivers still hit the roads every night in every American city despite the increased drunk driver education in each state. A doctor who has himself or herself for a patient is a fool. A drunk driver who drives after drinking is an even bigger, and possibly dead fool.

Drinking and driving is not something that goes away in the morning like last night’s hangover, not if you were involved in an accident. Further, a DUI in Ohio – if you have been arrested and carted off to the drunk tank – will stick like glue for the rest of your life. This isn’t a ‘kiss and not tell’ event as it has the potential to harm others. The consequences are far reaching and the expenses may be quite disconcerting.

While you may think you only have the headache left to contend with from your “episode,” your real headache is just waiting to pounce. Sure you may have been arrested and charged with DUI, but did you know you could be charged with other offenses? It’s true, and if you have any of your wits about you when arrested, call a Dayton DUI lawyer immediately, keep your peace, and only speak with that attorney when s/he arrives.

That’s just the tip of the iceberg. Don’t forget there is a chance your vehicle will be impounded, your license suspended, you’ll do jail time, and may have extra charges filed against you like disorderly conduct. This will mean a criminal record that will now be with you for the rest of your life.

All this for that “one for the road.” Does that make any sense? No, it doesn’t, so be smart and don’t drink and drive or if you do drink, find a designated driver to take you home. If you can’t follow that advice, call a Dayton DUI attorney for help.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Orders of protection are usually issued as the result of a family “situation,” most commonly domestic violence. There are two kinds of these orders. The refrain from order doesn’t prohibit any behavior that isn’t already illegal; and the stay away order, the more serious of the two, mandates the defendant stay away from the victim.

Along with ordering that the defendant stay away from a victim’s work, home, school or any other place in public, they are required to turn in any firearms. While a nice thought, this rarely happens in practice, and as a net result many women have been seriously harmed or killed by abusive men under a stay away order – as one man in jail was heard saying to a cellmate: “It’s just a piece of paper, man.”

Unfortunately, these orders are just a piece of paper and if a person doesn’t want to pay attention to it and doesn’t care about the consequences, it will likely result in trouble. If a person feels they have nothing to lose by violating either order, then being told they can’t do something or see someone won’t stop them.

In the case of custody and visitation issues, these orders tend to be used as weapons to get the other parent in hot water. Usually the reason behind these (at times) false accusations is if the person has an order issued against them, they won’t get custody or have visitation rights. This makes using either order in these situations virtually useless, as when the court hearing the matter assesses the situation they will see for themselves what the true state of affairs really is.

In divorce actions these refrain from or stay away orders are also, once again, used as a tool against the other spouse. If allegations of harassment or aggravated harassment are leveled and an order issued, this is read into the record for the court to hear during the child custody and visitation portion of the court hearings. Basically, no one wins in instances like this, and certainly not the children, who should be the major focus in cases like this.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Keeping children safe is no easy task these days. The world is a stranger place than it used to be when we were growing up as kids. Gone are the old safe neighborhoods where no one locked their doors or cars, when kids rode their bikes all over the place and knew everyone. Today strangers are the biggest potential threat for children. “However, having said that, there is a fine line between being paranoid of strangers and learning how to interact safely with others,” said Bradley J. Hofland of Hofland, Beasley and Galliher, Las Vegas, Nevada.

We live in neighborhoods where we don’t even see who lives next door any longer, nor do we know what they do. We don’t have those neighborly chats across the back fence anymore as people are too busy and on the go. Our children don’t get the opportunity to know the neighbors either and be able to distinguish who belongs in the area and who does not.

“Child abduction statistics indicate that roughly 58,000 kids are taken by non-family members every year, with most of the children returned safely within 24-hours,” indicated Hofland. While a heartening outcome, it raises the very real specter of the “boogieman” in the neighborhood, not to mention wondering how many children are taken by family members and not returned home due to jurisdictional issues. Know your rights in cases of child abduction by consulting a highly skilled attorney in this area such as Bradley J. Hofland of Hofland, Beasley and Galliher, Las Vegas, Nevada.

All parents take precautions to protect their little ones. It’s simply the smart thing to do. Careful, thoughtful guidance about what to watch out for and how to handle themselves is better than scaring the kids with horror stories of what could happen to them if they don’t follow the rules about talking to strangers.

If a parent is facing a child abduction situation, immediately contact Bradley J. Hofland of Hofland, Beasley and Galliher, of Las Vegas, Nevada, and make an appointment to discuss the legal issues involved. Even if the child was taught to not speak with strangers, take candy from people they don’t know, or to go anywhere with someone they don’t know, things happen. Hofland, Beasley and Galliher have a solid reputation handling abduction cases by family members.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Actonel, otherwise known as Risedronate Sodium, is made by Proctor & Gamble (the world renowned soap manufacturer) and was approved for use in the U.S. by the Food and Drug Administration (FDA) in 1998. Actonel is a member in a class of drugs called bisphosphonates, and these are found in, among other things, laundry detergent. Aredia, Zometa and Fosamax all belong in the same group and have similar side effects.

Undeniably this particular drug is so overwhelmingly popular that an estimated 36 million women use it to prevent or slow down the process of osteoporosis. The reason the numbers are as high as they are, is due to the fact that hormone replacement therapy was yanked off the market when it increased the risk of heart disease and breast cancer. This means younger women are taking Actonel and other bisphosphonates.

Actonel’s action increases the amount of bone available to the body by slowing down the replacement of old bone. The problem with the science behind that is the body is unable to replace poor quality bone that may have fractures or doesn’t have healthy living bone cells left. No one really knew about the connection between taking these drugs and Dead Jaw until 2004 when the Journal of Oral and Maxillofacial Surgeons pointed out the connection

Osteonecrosis of the jaw means tissue doesn’t heal after a tooth extraction leaving the jaw bone exposed and open to infections and possible fracture. This may lead to surgical removal of the dying bone tissue or long-term usage of antibiotics. Despite this very real concern, this drug is still one of the most popular osteoporosis drugs on the market.

There are hundreds of people across the U.S. who have been taking Actonel, etc. who should be speaking to a highly qualified attorney for an assessment of their claim. If taking this drug is a new addition in your health management, speak to a lawyer about the possibility of filing a lawsuit.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

It’s exciting getting married to the one you love and want to spend the rest of your life with. Your future is bright and your partnership will be solid. Or will it? While the “idea” of a happily ever after story sounds enticing, the statistics rarely back this myth up. The most frequently seen “marriage gone bad” quote is the one dealing with figures that show about half of all the marriages in the U.S. (and other countries) will terminate in divorce.

While marriage at one time literally meant, “until death do you part,” such is not the case today. Marriage in the 21st century is an interesting blend of factors that make up the marital contract, factors that include the emotional, social and economic aspects of a relationship. It’s a complex mixture and definitely not as straightforward as we’d like it to be. Many couples find out how difficult things get once the marriage starts falling apart and they discover what they assumed at first is not what actually happens economically speaking when divorce is in the air.

They should have signed a prenuptial. While this may be easy to say, many engaged couples find this difficult to do, because they consider a prenuptial to be a self-fulfilling prophecy of a doomed marriage. While it’s true that a prenuptial doesn’t rank right up there as being a romantic thing to do, it could make a world of difference later. In plain English, the benefits of a prenuptial agreement far outweigh its negative aspects.

Many engaged couples argue that signing a prenuptial agreement shows they don’t trust one another. While that may be true, it also shows that a trusting couple with a solid relationship has no fears about dealing with their issues in the form of an agreement. It’s often better to discuss explosive issues about money, property, etc. before getting married, otherwise one or both partners may feel pressured. Resolving things early actually removes, in advance, any possible glitches during the marriage or in the event of a divorce.

The biggest benefit of signing a prenuptial is that it cuts down the amount of time and money spent in case when there is a divorce proceeding. This isn’t to say that there will be a divorce, it is rather to indicate that it is smart to have contingency plans in place – just in case. No prenuptial may mean a long, protracted divorce battle, and long and protracted usually translates into “expensive.”

If you happen to be considering marriage and have property or wish to protect your personal financial situation, make it a point to contact a skilled prenuptial agreement attorney. Get all your questions answered now, not later when it may be too late. Knowing your rights before something hits the fan is in your own best interest.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

It’s a well-known fact that kids love their Grandpa or Grandma and love spending time with them. Unfortunately, if there is a divorce, separation or death in the family, this causes some very real problems for the grandparents. They often find themselves without a legal leg to stand on when it comes to seeing and caring for their grandkids. Thankfully, all 50 states have laws and statutes that allow grandparents to visit.

In part, the reason legislators got behind this issue is that grandparents are also the last resort for children in need of protection and a place to call home. It isn’t unusual to see grandparents taking on the reprisal role of “parent” in the absence of the legal parents, either due to death, divorce, drug or alcohol issues, or absenteeism due to work.

In fact, the U.S. Supreme Court handed down a decision in 2000 that indicated, in brief, that parents cannot limit the visits of grandparents. Grandparents also have the enshrined right to visit the kids no matter where they live, thanks to the Visitation Rights Enforcement Act of 1998.

There is a bit of a process to go through to get these visitation rights. If grandparents want legal permission, they need to petition the Superior Court of their state. Factors looked at prior to granting permission for visitation include: the nature of the relationship between the child and grandparent, the applicant’s mental and physical records, and the preference of the child. The overriding consideration is if the grandparent’s visit would be a benefit to the child or not.

The days when grandparents had no idea whether or not they could see their grandkids anymore are at an end. The courts these days have a major focus on doing what is best for the children and that includes considering the grandparents in the equation. This is even more crucial as the divorce rate keeps soaring.

Knowing your legal rights as a grandparent is important if you find yourself in the middle of a custody battle and you need to take over to ensure the child(ren) have a caring, nurturing place to stay. To find out what your legal rights as a grandparent are, talk to a competent family law attorney. It never hurts to be prepared for the future.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Having a fire retardant for an infant’s crib mattress may make a great deal of sense, but when the real story behind the use of the fire retardant’s comes out, this will be another matter entirely. “This will be a difficult area of the law to litigate,” commented Jeremiah Denslow, of Denslow Law, Datyon, Ohio, “as the use of toxic chemicals in cribs is just the tip of the iceberg when it comes to dangerous product liability.”

For years, infants and toddlers have slept on crib mattresses passed down in the family and from friend to friend. Over the years the materials in that mattress have “off gassed” sleeping children. It’s no small wonder that asthma, respiratory problems and allergies have become as much of an issue as they have. In a perfect world, an infant should ideally sleep on natural latex for comfort and health reasons.

Just to get back to the fact that boric acid and antimony are used to saturate crib mattresses to act as a flame retardant. “Antimony is a known heavy metal, and it is absorbed over time through the skin,” indicated Denslow, who likes to keep up-to-date on the latest developing issues affecting the legal community. Once the antimony is absorbed, it begins to accumulate in the body, not a good thing when a child is at risk.

Antimony has been banned in Europe as they consider that it contributes to SIDS. It’s not just the chemicals sprayed on the mattress that are the sole problem. It is what the mattress is made of, and that includes polyurethane foam that off gasses formaldehyde. The damage this may cause to tender young respiratory systems is frightening.

If a child falls ill and the concern is that it may have something to do with the type of crib mattress, it’s time to call a highly qualified Dayton attorney who is able to assess the nature of the case and advise on the viability of filing a lawsuit.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Construction work has the potential to cause deadly consequences, simply because of the nature of the work involved. No one knows that better than Dayton, Ohio, attorney Jeremiah Denslow of Denslow Law. “The reasons for these accidents may range from lack of proper training to falling debris, or from job site violations to electrical fires,” he outlined.

Denslow has handled many construction work cases during his years of practice and knows these personal injury lawsuits are not always easy to litigate. The information provided to the attorney of record in a construction case will make all the difference in the world to being able to successfully ask the court for damages. “I tend to deal with a lot of Occupational Safety and Health (OHSA) code rules and regulations, as the U.S. Department of Labor is responsible for construction workers,” explained Denslow.

OSHA guarantees a certain level of safety on high-risk job sites and for those who may also be exposed to hazardous materials such as asbestos, etc. While this may make the workers feel better about their workplace, it does not necessarily guarantee that they won’t fall victim to a construction site accident.

It’s almost certain that something will happen on a construction worksite just by the very nature of the job. “Hazards are inevitable, and despite the best laid plans of men, Murphy’s Law sometimes has a way of ruling at the worst possible times,” added Denslow.

When a construction worker is a victim of a negligent employer or a carelessly maintained worksite (in violation of the state and federal laws) that is the time to contact Dayton attorney Jeremiah Denslow. “When I am contacted about this type of case, it is my job to determine the nature of the accident and all the facts relevant to the situation,” stated Denslow.

No matter what the circumstances of the personal injury case, it is the acknowledged responsibility of the construction company to educate their employees about proper safety precautions. “They are also mandated to make sure the workplace meets all the safety regulations,” added Denslow. When these conditions are not met, the question of liability for an accident arises.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

You would think this would be a no-brainer: walking with your head down while fiddling on your phone to send a message and not paying attention to the traffic. Traffic does not stop on a dime and when someone appears in the middle of the street out of nowhere, the consequences are not pretty.

Just recently on the police blotter of a city in America, the first officially recorded text messaging pedestrian death made the news. Actually it likely wasn’t the first death, but it may have been the first one the police could prove was the result of someone not paying attention to what they were doing and walked out in front of a car.

Up until now most of the stories we read about deal with horrendous accidents as a result of drivers texting while driving. It’s hard to really fathom what could be “that” important that a driver feels they have to text a message while piloting a deadly weapon. Drivers never used to have cell phones to talk or text and the accident statistics were a lot lower than they are now.

Other text messaging accidents that have made the news involved a commuter train accident. You guessed it; the conductor ran a red light that told him to stop to allow a freight train to pass because he was texting. Ten people lost their lives because he was not paying attention to his job.

In some states it is now against the law to talk on the cell phone and drive at the same time. Other states, and this tends to vary from state to state, also have laws that ban texting while driving. Other states also consider cell phone use and driving at the same time as primary enforcement, meaning that police may ticket a driver doing this without any other traffic offense taking place.

Since many also collect crash statistics, it will be interesting to monitor the developments in this area of traffic enforcement over the next few years. It’s a given that this problem will get worse before it gets better. It will get worse because cell phones are now coming equipped with more bells and whistles that act as distractions. Personal injury lawyers across the nation are aware that they will likely be dealing with cases of pedestrians who were texting and hit by cars.

While cases such as this will have their own particular set of difficulties, always make it a point, when involved in any kind of car meets pedestrian accident, to consult with an experienced personal injury attorney. They will be able to assess the case and advise how to proceed to justice.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

In terms of being a serious crime, a hit and run would rank 10 on a scale of 1 – 10. Most people know what a hit and run involves – the collision of a vehicle and a person. However, the definition is actually wider than that. It also involves a collision with a person’s personal property and that includes their vehicle or a fixture, and failing to stop and identify themselves.

Many people don’t realize that it is the law that they stop and aid the injured pedestrian or motorist. They get scared, don’t think, or figure they will be in a lot of hot water, and take off. Better to stay at the scene and do what is required of you than to take off and get caught later. Now that’s the true definition of hot water.

Hit and run penalties vary from state to state and that is mostly predicated on how serious the accident happens to be. For example, if someone hits and kills a pedestrian and leaves the scene of the crime, the penalty for this would be far more serious than taking out a stop sign on the corner of Main Street and not sticking around to report it. In Ohio, a hit and run causing death is a third degree felony and the perpetrator may wind up with a stint in jail of up to five years.

Statistically speaking, the reasons for hit and run accidents tend to vary from driving while under the influence to reckless driving. The reasons for not staying at the scene of an accident are as varied as not having insurance, having priors, not thinking the accident was that bad, or driving someone else’s vehicle. Speaking of stats, the stats for Ohio show 157 hit and runs for the years 2002 to 2006. While that may be a low number compared to other states, it still represents the horrendous loss of a loved one.

In cases where the hit and run driver has been identified, make it a point to contact a personal injury attorney and discuss the details of the case. You may be able to find justice through the courts with the help of your legal counsel.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

The best and fastest way to get a divorce in Ohio is to usually go the dissolution route. The problem is a lot of people have a great deal of difficulty agreeing on how to go about splitting things in half equitably.

If you ever thought divorcing was difficult, wait until you get into a fight over assets. It’s just not worth it, and before you waste the time over who gets the china cabinet, speak to a qualified Ohio divorce attorney who will tell you right up front that Ohio is an equitable division state.

Being an equitable division state means that all the things you collected during your marriage – note the distinction between during the marriage and prior to it – are owned equally by both of you. Those assets that came into the marriage belong to the individual who had them in the first place. What this boils down to is the difference between personal and jointly owned property.

So, that china cabinet your late grandma gave you will be yours if you had it prior to your marriage. However, the large plasma TV you both bought the year he got a promotion at work, belongs to both of you equally. And this is where the “fun” usually begins; the spouses fighting over who gets what.

If you can’t make things fly on your own and get some type of agreement hammered out, then the court will decide for you, making sure it is a fair decision for both parties. Fault is not an issue in decisions like this; only the equitable division of assets 50/50 is the guiding rule. This isn’t to say there may not be a deviation from this rule of thumb if there is a good reason (which is rare).

In most instances the spouse who ends up with custody of the children will also get the family home (or the right to live in it). The usual rule here is that real property is divided based on its liquidity. Your divorce lawyer will explain this to you. In general it means the value of the house when it’s sold minus any real estate fees.

There are other issues involved here and they usually relate to the financial resources and obligations of both the spouses, the length of the marriage and spousal support. For these issues it is best to ask your lawyer how things may be resolved in the long run. This will allow you to make an informed decision in partnership with your divorce attorney.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton Ohio, visit Denslowlaw.com.

“Without putting too fine a point on it, dissolution is a simple way to file for a divorce in Ohio,” explained Jeremiah Denslow of Denslow Law in Dayton, Ohio. “And there are a number of ways for the petitioner to qualify for a divorce or dissolution.”

The first thing that must be addressed prior to filing for a dissolution or divorce is that the person filing must have lived in Ohio for a minimum of 6 months. They must have also lived in the county where they file for a minimum period of 90 days prior to filing a petition.

“In the case of a dissolution, the petition must be signed by both parties and there also has to be a separation agreement attached,” said Denslow. The agreement usually deals with things such as property division, custody issues and spousal support. Custody issues may also mean that a visitation plan is necessary if minors are involved. “If there are minors, this state requires the parents prove they went to mandatory parenting classes,” stated Denslow.

Once this paperwork has been completed and filed, the parties are told when to appear in court and speak to a judge. At that time they must agree that both of them signed the separation agreement and the dissolution petition voluntarily; that they are both ok with the terms of the agreement and that they both want to dissolve the marriage. While this may sound like a no brainer, there have been cases where one of the parties has changed their mind.

If the court is satisfied that both the spouses are indeed in agreement about getting dissolution they will find it a faster, cheaper and much simpler procedure than the traditional divorce proceeding. If the parties happen to be at loggerheads, then there are other routes to follow, such as a contested or uncontested divorce.

If this is something that looms in the future, then it is best to contact a highly qualified divorce attorney, such as Jeremiah Denslow of Denslow Law in Dayton, Ohio. Denslow is noted for his attention to detail and provides excellent service to his clients.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton Ohio, visit Denslowlaw.com.