Lawyers and Law

The state of Washington has two main statutes that govern wrongful death actions. There is a general wrongful death statute and one that specifically applies to a parent’s cause of action for the death of a child. In addition, there are statutes that address survival actions (e.g., to recover those damages the deceased could have claimed had the deceased survived). To some extent, these laws may overlap, particularly when a cause of action may include facts to support different theories of liability and different elements of damages. This chapter will address Washington’s general wrongful death statutes.

Under Washington’s general wrongful death statutes, an action may be brought on behalf of the deceased’s estate and for the benefit of certain designated surviving relatives, also called “statutory beneficiaries” (because they are designated by the wrongful death statute). If there are no designated statutory beneficiaries, then the deceased person’s estate may pursue a claim in limited circumstances but only certain economic damages are recoverable (e.g., future lost earnings, medical expenses, etc.).

The Washington legislature created what is called a “two-tiered” system of beneficiaries who may recover damages for the wrongful death of a person. This means that there are two levels of certain designated surviving relatives that have legal authority to recover damages caused by the death of a loved one. In the first tier, the wrongful death action is brought for the benefit of the deceaseddeceased’s surviving spouse, registered domestic partner, and/or children or stepchildren. If these survivors do not exist (i.e., the deceased was single and without children), then the claim may be brought on behalf of second-tier beneficiaries. (See below for examples of second-tier beneficiaries.) If both first-first tier and second-tier beneficiaries exist, then the wrongful death action is limited for the benefit of first-tier beneficiaries only.

In the case of a surviving spouse, that spouse must have been legally married to the deceased at the time of death. Historically, this meant that a surviving cohabitant or domestic partner could not recover damages for the wrongful death of a live-in partner. However, the wrongful death statute was recently amended to allow a surviving domestic partner to maintain a cause of action if the domestic partnership was registered with the state of Washington before the date of death.

The second-tier of wrongful death beneficiaries include surviving parents or siblings, but only if they were financially dependent on the deceased for support at the time of death. The Washington courts have determined that a surviving parent or sister/brother may only recover compensation if they were substantially dependent on the deceased for support. This means that unless the single and childless deceased was supporting a parent or sibling at the time of his or her death then no recovery can be made by any surviving relative.

What should you Look for in a Sarasota DUI Attorney? One of the most shocking things that you will come across after being arrested for a DUI, will be the amount of money you are going to have to pay for a Sarasota DUI attorney. When you first start talking to some of these attorneys and getting price quotes you are going to think they are crazy. You want to pay someone that is worth the price they are asking for, however, because this person may be able to save you from a large amount of personal agony. If you get arrested in Florida for a DUI you want to find a good Sarasota dui attorney.

This person may become your quickest best friend. She may be able to save you time in jail, the loss of your driver’s license and the loss of large amounts of money that you may need to pay in fines. You may have some people tell you that it is just not worth paying all that money on a Sarasota dui attorney. Many will tell you the exact opposite. Go with the people that tell you to spend the money on a attorney, this is just not the time to save money. In fact, a good lawyer will probably save you money in the long run.

A good Sarasota dui attorneywill be able to access the charges that have been filed against you. He should first try to get the charges dropped or reduced. An experienced attorney will have a good track record of getting the charges dropped for his clients, more than likely on a technicality. DUIs are a complex case and take a significant amount of time for a lawyer. The laws on these violations change often and quickly, it takes someone who is familiar with this type of law to be successful.

Make sure that you are able to be open and honest with your Sarasota dui lawyer. You must be comfortable enough with them to ask them questions and that you completely understand everything that they are telling you. The legal process of dealing with a DUI charge can be extremely drawn out. These things are usually not cleaned up within a few weeks. You want an attorney that will be with you for the long haul.

In many matrimonial cases, the parties resolve disputes regarding alimony, support and the equitable distribution of marital assets by executing a property settlement agreement.

The Appellate Division recently reviewed a property settlement agreement where the parties agreed alimony would terminate if the plaintiff wife resided with an unrelated person, regardless of the financial arrangements between her and such a person.

A private detective for defendant observed plaintiff’s home for 22 nonconsecutive days in a 3 month period.  He observed an unrelated man coming to the home, and leaving it, with plaintiff.  The man also was observed to be walking the dog and taking out the garbage.

On the basis of these observations, defendant moved the trial court to terminate alimony.

Plaintiff resisted the motion.  She argued she was dating the man and he occasionally stayed overnight, but he resided elsewhere.

The trial court terminated alimony, finding plaintiff was residing with the man.

An appeal was taken.

YOU BE THE JUDGE:  Where the parties have a clear provision for the termination of support in a Property Settlement Agreement, is the Court bound to enforce it?

The Appellate Division reversed, holding that ordinarily a stable, permanent relationship is necessary to enforce a clause terminating alimony.  The plaintiff and defendant apparently consented to a broader provision, but that didn’t mean the court would enforce it.  On examination, the parties’ property settlement agreement raised public policy concerns; if it were enforced literally, plaintiff would lose alimony if she provided shelter to an ailing relative.  The trial court was ordered to conduct a plenary hearing to determine, amongst other things, what the parties intended in their agreement.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a “second opinion” about your pending lawsuit. There is no obligation for the initial consultation.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, discrimination, personal injury, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm’s highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.

Filing for bankruptcy is a way to start over with a clean slate. It relieves the tension and anxiety that comes with creditors calling, debt building and provides a solution to a financial mess. It is important to realize bankruptcy has many intricacies and sometimes it is hard to distinguish where to start. Here are some common concerns to consider before proceeding forth.

Does Bankruptcy Take a Toll on My Credit?

Your credit will take a hit with any filing for bankruptcy. However, your personal financial recovery plan should include gradually developing credit after the bankruptcy is completed. The timing of when this occurs depends on what type of bankruptcy you are filing. With Chapter 7, bankruptcy remains on your credit history record for 10 years. With Chapter 13, bankruptcy stays on your credit history record for 7 years. You need to check with a professional bankruptcy attorney to determine which one is more suitable to your situation and needs.

Will I Lose My Job?

No, you shall not lose your job after filing Bankruptcy. It is illegal for employers to discriminate against you for filing bankruptcy. Furthermore, unless an employer specifically searches for bankruptcy filings, then your employer (or potential employer) shall not find out. This is an instant relief for some who wish to keep the negative financial situation private.

What Happens to Student Loans?

In most cases, student loan debt is not dischargeable in bankruptcy court meaning you will have to repay them. There is an exception to this statute. For you are able to discharge the student loan if by paying, it you would be considered an “undue hardship” on the borrower. Nevertheless, do not get your hopes up. It is extremely challenging to prove and bankruptcy courts are the ones who have the final say.

Will I Lose My Car?

Depending on what state you live in, there may be an automobile exemption rule allowing you to keep the vehicle. On average, the ability to keep or lose a car is determined by how much the car is worth in comparison to how much you owe on it. You need to ask a professional. For a Chapter 7 filing may cause the court appointed bankruptcy trustee to liquidate it.

What about My House?

Under bankruptcy, law, your house has a separate set of rules. For under Chapter 13 bankruptcy, your house will be preserved and the courts shall let you live in it throughout the entire process. It is vital to check with a professional before filing for any bankruptcy ensuring you have a greater understanding of what is possible under what type of filing, and which filing you shall benefit from the most.

Bankruptcy is a tricky situation. There are many stipulations that are standard across the nation, but it is essential to note that there are also legal rules varied by state. Find someone in your own area who is able to answer your questions accurately. Ask for references. Hire an experienced professional who has ample knowledge about bankruptcy proceedings and is able to guide you throughout the entire procedure is completed.

How many times did you want to find someone’s divorce decree? Well today it’s not a problem anymore because there are many ways to access divorce records free. That’s right if you need to find information about someone’s divorce you can find them free of charge at the local courthouse or on the internet. However if you have some extra money you can hire a detective to find someone’s divorce decree for you. It’s the best solution but many of us can’t afford it, so we have to use free ways or those that are less expensive.

The most common way to access divorce records is to find them at the local courthouse. It’s the simplest way to do it because you’re required to fill only one request form. This takes only couple of minutes, but the real problem is the verification process. When you hand over your request to the service you’ll have to wait for some time until service verifies and finds the divorce record that you’ve requested. This can take even days sometimes so ask yourself are you really ready to wait that long to find someone’s divorce decree? Well it doesn’t have to be that way.

If you thinking about hiring a detective in order to access divorce records fastest think again. Did you know that you can find all the divorce records that you need online and for free? That’s right there are many websites online that will allow you free access to divorce records and only thing that you need is internet connection and some free time to do it.

Getting a DUI can be a scary experience, especially if you don’t know what to expect when you go to court. If you live in San Diego and get a DUI, there are specific penalties that can be handed down. The following information is about these laws and the differences in the penalties if you already have a conviction for driving under the influence.

The Possible Penalties for Your First DUI in San Diego

The penalties for driving under the influence in San Diego are a combination of fines, alcohol and drug rehab programs, jail time, and license restrictions. All of these penalties are at the discretion of the judge and the prosecutor will make sentencing recommendations in the event that you are found or plead guilty. For the first offense, the possible penalties are:

1.Fines ranging from $390 to $1000.
2.48 hours to 6 months in the county jail.
3.6 months of driver’s license suspension
4.Drug and alcohol program

Other possible penalties include the impoundment of your vehicle for up to six months, community service, ignition interlock device, and MADD impact panel. If probation is part of the imposed sentence, then additional monetary penalties may be imposed, but the drug and alcohol program may be omitted.

The Possible Penalties for Your Second DUI in San Diego

If convicted of a second occurrence of driving under the influence within 10 years, the penalties are higher. These may include:

1.Fines ranging form $390 to $1000.
2.96 hours to 1 year in the county jail.
3.2 year license suspension
4.Ignition interlock device

If probation is not part of the sentence, then the jail time may be from 90 days to 1 year in the county jail. The judge also can impound your vehicle, sentence you to community service, and make you attend the MADD impact panel.

The Possible Penalties for Your Third DUI in San Diego

If convicted of a third occurace of driving under the influence within 10 years, you can expect to spend some serious time in jail and that you will not be driving for quite a while.

1.Fines ranging from $390 to $1000
2.4 months to 1 year in the county jail
3.3 year license revocation
4.18 month alcohol program
5.Ignition interlock device

The judge may also impose the additional penalties listed above. There are also significant additional monetary penalties that may be imposed.

The Possible Penalties for Your Fourth DUI in San Diego

The fourth conviction of driving under the influence will almost definitely get you time in the state penitentiary. The judge will no longer be able to sentence you to time in the county jail. The possible penalties with no probation are:

1.Fines ranging from $390 to $1000
2.16 to 36 months in the state penitentiary
3.4 years license revocation
4.18 month alcohol program
5.Ignition interlock device

The above penalties do not factor any other circumstances, such as an accident, property damage, prior felony convictions, work zone tickets, or any number other factors.

San Diego Courts

There are four main San Diego courts that will handle your DUI case. They are the East, North, and South County Courts, and the Ramona Court. The Ramona Court handles traffic and minor offenses, but the other three courts deal with criminal matters that are more serious. Where you received your driving under the influence charge will determine which court your case will be heard.

In Closing

A DUI is a serious offense and one that you should not take lightly. Seek the advice of an experienced lawyer to help you understand all the laws and options that are available to you.

Within the spectrum of jobs that would be considered dangerous, namely jobs that have above average accident and injury rates in comparison to all types of jobs out there, construction jobs are at or near the top of many of those lists. Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. Construction workers face a variety of hazards, including electrocution, falls from scaffolds and other elevated areas, health hazards resulting from exposure to asbestos and chemicals, being struck by moving or falling machinery, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries. In consequence, work-related construction accidents occur rather frequently, and even more so in comparison to accident and injury rates for nearly any other job.

Who is Liable in a Construction Accident?

There can be a wide variety of individuals involved at a construction site, including the site’s landowner(s), construction managers, design and engineering professionals, contractors, equipment and material suppliers. In assessing liability for injuries at a construction site, the main determinations are the extent of a potential party’s control over the site on which the work is being done, and the degree of their control over the work itself.

The following people may have varying degrees of control over the construction site and work being done, and thus may be liable in a construction accident.

- The construction site owner(s): Issues of landowner liability hedge on the degree of that person’s control over the premises in comparison to control over the work itself. Depending on the amount of control of the premises that the owner grants to an independent contractor, the landowner may or may not be considered the legal possessor of the land for the duration of the construction project. The owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This obligation does not extend to potentially dangerous conditions that should be obvious.

- Contractors: Both the general contractor and the sub-contractor must provide a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. A general or sub-contractor has an obligation to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This obligation extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations.

-Manufacturers of Construction Machinery or Equipment: Manufacturers of defective construction equipment or machinery can be held liable for the design and manufacture of that equipment.

- Insurers: In the case of some large construction projects, the parties involved will be required to carry significant insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.

Getting Help for a Construction Accident Injury

If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:

- Get medical attention for your injuries.

- Report the injury to your employer or construction site manager, and be sure to write down the name and position of the person notified.

- Get the names and contact information of anyone who may have witnessed the accident.

- Try to preserve any evidence related to your injury, by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury.

In light of complex liability issues, the legal deadlines for filing causes of action for injury, and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with a Colorado attorney experienced in personal injury and construction sooner rather than later is recommended. Don’t take on your employer and their insurance company alone! Contact a Colorado personal injury attorney today to protect your rights and get you the fair compensation that you deserve!

Boot Camp incorporates academic curriculum with fundamental military concepts. The mission of the educational component is to enable students to perform at grade level. The program focuses on English language arts, mathematics, science, and social studies. Some electives are offered. A high school equivalency program is also offered. Special educational services are provided cooperatively by the home district and the Angleton Independent School District. The military component is utilized to assist the student in accepting and respecting authority. Drill instructors oversee the movement and discipline of the students in a “boot camp” type fashion. Strict classroom rules, military drill and physical training help the students develop self-discipline.

Boot Camp presents students who have had behavior problems in the school or the community with the opportunity to continue their education while gaining self-discipline and respect of authority. However, it is up to the student whether appropriate choices will be made which will ultimately determine their length of stay and the benefits of the program. For those students who do exhibit a willingness to conform to the regiment of Boot Camp, it is hoped that this ability to be successful will continue with them as they return to their home school district.

Fines, restitution, and community service are common punishments for minor crimes. Fines are based on and taken from an offender’s daily income. Restitution is a cash amount paid by the offender to the victim to make up for the victim’s loss, like making an offender pay a portion of an injured victim’s medical expenses. With community service, offenders pay back the community rather than a specific victim. Courts may order offenders to work for a certain number of hours in local public service organizations or for charitable groups that help their community.

General and specific programming protocols are found in the Cadet Handbook, Parent Handbook and brochure. Specialized programming for sex offenders and substance abuse protocols are also valuable information to be reviewed by probation officers, treatment providers and parents.

There are basically five primary objectives that juvenile boot camps strive to achieve. The first is deterrence, which is an attempt to scare juveniles into never committing another crime for fear of the consequences. The second is incapacitation, or the sheer physical inability to commit crimes. Rehabilitation is the third goal of boot camps, which focuses on restoring an individual’s chances at becoming a more respectable member of society. The fourth objective is punishment in the hopes that it will teach the juvenile offender “a valuable lesson” in action and consequence.

At this time it is still difficult to determine which components are critical to success and which are irrelevant. Unquestionably, more research is needed to indicate what can be accomplished with boot camp programs. As the amount of boot camp programs in the United States continues to grow, the issues demand further exploration. Despite the lack of hard evidence to their success, boot camp is a relatively young reform effort and still holds promise as we move through the next millennium.

Visitors holding tourists visas ought to be extra careful in handling their travel documents to avoid being subjected to expedited removal.

In the recent years, DHS has begun enforcing strictly the Immigration and Nationality Act (INA for brevity) against aliens requesting entry in the US especially to holders of US Tourist visas. This active move by the government was brought about by the increased number of violent crimes and terroristic activities in the county.

In 2008 alone, the Office of Immigration Statistics Annual Report declared that the Department of Homeland Security or DHS had apprehended 792,000 foreign nationals for violation of INA and 97,000 known criminal aliens in the country. Approximately 359,000 aliens were removed from the US. The 113,500 or the 32 % of the total number of removals were made through expedited removal.

Expedited deportation also known as expedited removal is defined by the INA as a process by which the Department of Homeland Security through an immigration officer may order an alien removed. This serves as the first line of defense against unlawful entries.

The recognized grounds are violations against those stated under INA § 212(a) (6) (C) or (a) (7) which mainly prohibits misrepresentations and fraudulent documentation or not having proper entry documents.

Under this type of removal, an alien is removed without undergoing a hearing before an immigration judge. This is in contrast with the traditional removal process wherein a removal proceeding is held and the decision is appealable to the Board of Immigration Appeals.

The only recognized excuse to avoid immediate removal is fear of persecution or intent to apply for asylum. In this case, instead of deciding on the matter, the officer refers the issue to the designated asylum officer. In due course, the situation will be brought before an immigration judge.

To save oneself from humiliation and possibility of a bar to future legal entry, travellers need to make sure that all the required travel documents are at hand before boarding the plane.

It is important that Thai fiancées who want to travel to US should apply for a K1 Visa Thailand and also the Thai spouses should apply for the K3 Visa Thailand. Travelling to the US on a US tourist visa from Thailand might pose some difficulties if they are questioned or turned away by Customs and Border Protection (CBP) officer upon entry if discovered that their real intent is to marry the US Citizen.

Law Firm India – best criminal defense lawyer San Francisco

Removing Property Liens in Chapter 7 Bankruptcy

By Jacqueline S. Edington, Paralegal

Normally a second mortgage lien can not be removed in a chapter 7 bankruptcy. However, if the creditor has put a “judgment” lien on the home instead of a “mortgage” lien; it can be done. We recently had a debtor who is buying a home valued at $250,000, due to the first mortgage, there is no equity available. We made a Motion to Remove Judicial Lien based on this fact. The creditor made no objection in the proper time allotted and the Motion was granted. The lien was for $59,000. Because a creditor made a mistake, it lost out on recovering money loaned. Perhaps not surprising to realize, creditors make mistakes like this all the time. Simply researching your client’s case and reviewing any liens involved could save your client a vast amount of money.

In another instance, we had a debtor who filed a chapter 7 bankruptcy and discovered that a creditor had put a lien on the debtor’s property for an above ground pool. A pool is collateral in itself; it is never acceptable to place a lien on someone’s property for a secured item. We thought at first to file an adversary proceeding against this creditor until realizing that the client had a second mortgage on his home that was wholly unsecured by lack of equity in the property. By converting this client to a chapter 13 case, we can remove the second mortgage and the lien for the pool.

Many times, some analytical thought regarding a client’s circumstances and petition can lead to money saving solutions such as these. It is well worth spending extra time on a case to insure a debtor can indeed obtain a fresh start by filing bankruptcy.