3 Unfortunate Situations In Which You Must File for Birth Injury

Birth InjuryWhen you’ve given birth and a medical malpractice occurs, you can sue the hospital, doctor, or other medical staff if you can prove the damages to either you or your newborn. Whether it’s before or during the birth of your child, you have the right to take legal actions when necessary. Here are three cases where you can go to court and get the justice you and your baby deserves.

Injury to Infant

If the infant has been injured because the doctor assigned to you didn’t use sensible care during the delivery of the baby and decides to erroneously do it prematurely. A common cause of injury is when the doctor fails to monitor the oxygen intake of the baby. If any error causes an injury to the baby (like brain damage), you can sue the doctor not just for your current medical expenses but for the rehabilitation and other needs of the baby.

Injury to Mother

The most common cause of injury to the mother is when the doctor fails to control the amount of blood lost. In this case, you can definitely sue for birth injury. The doctor also needs to know if you have high blood pressure or any other medical condition before the delivery. If the doctor forgets this information and causes injury to you, you can also file for birth injury with the help of a birth injury attorney from Atlanta, such as Tyrone Law Firm.

Wrongful Birth

You can file a wrongful birth action if the doctor failed to warn you about your baby’s imminent birth defects. Medical professionals are required to disclose this to parents to give them a choice to avoid or end the pregnancy. Usually, this happens because of negligence to detect the gender or physical or mental deficiencies in the first stage of pregnancy.

You have the right to file for birth injury if you come across these three unfortunate situations. Make sure to work with an experienced lawyer you can trust to help you throughout the entire process.

How is Divorce Different from Decree of Legal Separation?

Divorce Attorney in Denver, ColoradoSome people confuse legal separation with divorce and throw these words around without quite understanding the gravity of each term. The differences between a decree of legal separation and divorce will allow you to understand the benefits and limitations that come with them.

What are the differences between the decree of legal separation and divorce?

A divorce determines the obligations of the divorcing spouses and is the legal end of their relationship for any purpose. On the other hand, a decree of legal separation indicates that separating couples are not responsible for the other’s support, any taxes or debts, except those established in the decree. Parties go through the same filing and service procedures and requirements and complete similar paperwork; however, there are distinct differences you must know, these include:

  1. When a separating couple gets a decree of legal separation in Colorado, they cannot remarry. They can do so when they convert their decree into the dissolution of marriage.
  2.  Parties who get a decree of legal separation do not lose their inheritance rights unless they terminate their property rights or sign a written agreement.
  3. Some divorcing couples have moral or religious objections to divorce. A decree of legal separation determines their parenting responsibilities and relationship and financial independence in accordance with their beliefs or faiths.
  4. Although a rarity, separating couples who have a decree of legal separation maintain their retirement-related or insurance benefits, which they will lose completely once they divorce.

These differences enable you to discuss the possible courses of action with your divorce attorney in Denver, Colorado.

Ending Your Marriage

A divorce is a painful experience for both parties and children if they have any. There are long-term emotional and financial effects that couples must think about before finalizing the end of their marriage. A decree of legal separation provides divorcing parties time as their transition to divorce begins.

Things You Need to Overcome When Dealing with Divorce

Divorce Lawyers in AlbuquerqueNobody wishes to go through a divorce, but sometimes, it becomes the only option for you to find peace and get on with life. Whether you’ve been together for a year or a decade, it will hurt and you will feel a heavy load in your heart. However, you must remain strong for yourself. There are many challenges ahead, so you must have a clear head to make sure you’re heading in the right direction.

Here are three aspects that divorce will hit the most in your life: 

Financial

Divorce is a very expensive legal process and reports say the costs will continue to rise as high as a third. This means you must protect your finances or else you’d end up with a lot of debt or a lot of new financial responsibilities after a divorce. When you and your ex-spouse separates, one will need to move out and rent an apartment. You may also be required to pay alimony or child support, so you must secure your finances and make sure you’re ready.

Legal

Divorce is a legal battle, so you need to consult with different divorce lawyers until you find someone you can trust to defend you in court. According to Law Office of Doreene A. Kuffer, only consider those with years of experience in divorce battles because their expertise and knowledge are vital for your success. Before saying anything in court, make sure to consult it first with your attorney. Follow the legal advice at all times.

Emotional

In the end, it’s yourself you need to overcome. Divorce is an ending, and endings are painful. You have to express your emotions so you can come to terms with your current situation. Don’t hesitate to call your loved ones if you need a shoulder to cry on. Take your time and help yourself heal until you gather enough strength to begin again with a positive outlook in life no matter what happened.

Follow these strategies and you’ll surely survive these three aspects of your life after divorce. All these challenges will only make you a better person in the end.

Types of Domestic Abuse and How to Fight Against It

Types of Domestic AbuseSpeaking up when you become a victim of domestic violence is something you should do for your own sake. This is the only way for you to stop being a victim and to fight for your rights. This way, you can start the healing process and experience the support of people who only want the best for you.

Filing a case against your abuser is a big step you must take. Before doing this, you must find a domestic violence attorney in Cincinnati to support you throughout this trying process. One important thing you must disclose is the form of domestic violence you faced. It may including one or a combination of the following.

Physical

Physical abuse includes the attempt or infliction of physical injury through grabbing, shoving, hitting, kicking, arm-twisting, stabbing, and shooting. Withholding access to medication, food, sleep, medical care, and other resources can also be considered as physical abuse.

Emotional

Emotional abuse is the undermining or your self-worth. This may include unhealthy criticism, name-calling, silent treatment, insults, manipulation, breaking promises, belittling your achievements and abilities, and hurting your relationship with your children.

Sexual

Sexual abuse is when you are forced to sexual activities. This includes marital rape, sex with other people, sodomy, fondling, forced sex after beating, and forced prostitution. This also includes undermining your sexuality, including criticizing your desirability, withholding sex, infidelity accusations, and derogatory treatment.

Economic

Economic abuse is when the other party attempts to make you financially dependent. This includes withholding money, controlling your finances, forbidding employment, forced welfare fraud, and other concerns that affect your finances negatively.

Psychological

Psychological abuse includes instilling fear, intimidation, threats, blackmailing, menacing, destruction of properties, stalking, mind games, harassment, withholding phone access, constant accompaniment, and forced imprisonment.

No matter what kind of abuse you faced, working with a lawyer to prove your claim is important for the success of it. Fight for your rights and never give up until you get the justice you deserve.

Eminent Domain in CO: Can Your Business Stand Against the Government?

Your Business Stand VS ColoradoThe Centennial State is no stranger to condemnation. Just two years ago, the battle between the Summit County and a private property ended in a measly compensation. Due to financial pressure, the private party waved the white flag and Uncle Sam acquired the land through eminent domain. Most often than not, the government is powerful enough to overcome in condemnation cases. While residential properties are the usual victims of the authorities, businesses are sometimes not spared. Apart from forced relocation, you might suffer financially in various ways:

Rule of Compensation

According to Miller & Steiert, P.C., any experienced Denver business lawyer would say that the court generally doesn’t consider your loss of business profits compensable. The spirit behind it is that the government doesn’t always take the business operating on the land, and you’re always free to move your commercial activities to a different location in the event of condemnation. In short, it’s not the government’s problem if the health of your business suffers because of eminent domain. After all, its acquisition of the land your business stands on is an act to serve the common good; your business interests don’t carry much weight.

An Exception to the Rule

If you get your revenue directly from the land, you may apply a claim for loss of profits. If you lost profits from of business operations, like ranching, farming, or timbering, then you may be allowed to file a compensation claim.

Damage to Property

If your trade fixtures incur damage due to the action of the government to take a certain private property, even if it was done to serve the public good, you may apply for a claim and be rightfully compensated. Being on the opposite side of the government, especially in an eminent domain case, is never a pleasant place to be. Nevertheless, fighting for your best interests is never a lost cause. Hiring a seasoned attorney specializing in commercial matters is the first step to fight for your rights.

Child Custody: Some Key Points Your Attorney Must Help You Understand

Child Custody in AlbuquerqueChild custody is one of the biggest issues you and your future ex-spouse would be facing if you have a child or children younger than 18 and you plan to get a divorce. Things could be a lot more difficult if both parties demand to be the custodial parent.

Unfortunately, the technicalities surrounding this area of family law could be quite complex for an average person without a legal background. This is why you need an experienced legal adviser. In this case, you need a child custody lawyer.

Here are some of the key points a competent child custody attorney should help you understand.

Legal and Physical Custody

Custody is defined legally as a person’s right to make decisions regarding their child’s care and upbringing. This is known as legal custody. Physical custody, on the other hand, refers to where the child will reside after divorce.

Base on statutory provisions, divorcing parties have equal rights to claim their child/children’s physical custody. The family court could order either a joint or sole physical custody arrangement, depending on the family’s relevant circumstances.

Visitation Rights

Visitation, also known as parental time or access, is another key point you need to know regarding custody issues. In Albuquerque, for instance, the Law Office of Doreene A. Kuffer explains that it refers to a child’s opportunity to spend time with their non-custodial parent. 

Legal courts look into a number of factors to determine the best visitation arrangements for the child and both parents. “The best interests of the child” is the standard used by the courts to make such decisions.

Parenting Schedule

Many states now use the term “parenting schedule” in place of the terms custody and visitation. This way, there wouldn’t be any negative connotation on the court’s decision on who should be the custodial and non-custodial parent of the child.

These are only some of the key points your child custody lawyer would help you learn as you go along the process. Look for an experienced attorney so you can ensure not only quality legal service but also greater chance of winning your child’s custody.

3 Times You’re Wrong About Your Employee Rights in New Zealand

Employee Rights in New ZealandNew Zealand has a variety of employment laws to ensure all members of the labour force receive just treatment from their employers. Certain legislations protect you against discrimination based on many different grounds, while other ensure you stay completely safe irrespective of your occupation’s nature.

However, many people don’t fully understand the nitty gritty of the employment law in New Zealand. As a result, they either don’t realise they have certain rights or feel incorrectly entitled to several benefits.

Here are some misconceptions employees have:

You’re Entitled to Annual Holidays After Working for Six Months

Unless you’ve been working for years, you can only get annual leave after one year of continuous employment. No matter what kind of job you do or how old you are, you should get four weeks’ worth of paid time off work on top of your wage.

You may receive your annual holiday less than a year of working for your employer, but that’s up to your company. Your employer may allow you to take some of your annual leave in advance.

You Don’t Get Sick Leave As a Part-Time Employee

Contrary to popular belief, most employees are entitled to five days’ worth of sick leave. Permanent or fixed-term, full-time or part-time, you should receive the minimum amount of sick leave after over six months of continuous employment.

If you only do casual work, you may get sick leave if you have been working for your employer for six months. For you to qualify, you must have logged at least 10 hours of work per week or 40 hours per month in your last six months of employment.

You Can Use Bereavement Leave if Your Close Friend Dies

You can use your bereavement leave if someone close to you dies, but that person should be an immediate family member. In other words, this special leave only applies if your mother, father, sibling or grandparent passes away.

If someone close, but unrelated to you, dies, you can still ask your employer for one day of paid bereavement leave for your loss.

Knowing your rights by heart is important. While your benefits may come in different forms per employer, you must always be aware of the minimums.

Galloping on Equal Grounds: The Equine Liability Act

Equine Liability ActTaking a horse for a stroll and trampling over a pedestrian can be a case for suing and chasing a careless horse rider for damages. In such an event, an individual cannot directly attribute the blame on the horse. But say that another animal, such as a squirrel or a stray dog, for example, distracts a horse and causes disorientation, who do you blame for the injuries that follow?

Preston, Pence & Lionsbee discusses the Equine Liability Act, emphasizing how it works in favor of the equine professional. The court cannot hold them liable unless they fail to provide reasonable efforts maintaining the equine’s behavior. It must parallel the logic within the context of the activity wherein the participant is involved.

The Limitations on Liability

In the state of Utah, a law exists to protect horse professionals from liability in the unfortunate event that someone is hurt or killed engaging in horse activities. As defined by the Utah Equine Activity Statute, “equine activity” includes the following:

  • Equine shows, fairs, competitions, performances, racing, sales, or parades that involve any breeds of equines and any equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, multiple-day events, combined training, roads, driving, pulling, cutting, polo, steeple chasing, hunting, endurance trail riding, and western games;
  • Boarding or training equines;
  • Teaching persons equestrian skills;
  • Riding, inspecting, or evaluating an equine owned by another person regardless of whether the owner receives monetary or other valuable consideration;
  • Riding, inspecting, or evaluating an equine by a prospective purchaser; or
  • Other equine activities or any type including rides, trips, hunts, or informal or spontaneous activities sponsored by an equine activity sponsor.

There is an estimate of 4.3 million people who participate in horse-related activities on an annual basis. By sheer numbers alone, there really is a need for Equine Law. People need to be aware of these laws just in case an accident occurs.

Take the Equine Activity Liability Act for example, as it basically means, “Ride at your own risk.” Without a waiver or a signed document of agreement, the law won’t be able to protect you. These acts differ from state to state, but in Utah, horse professionals must first assess a participant’s horse riding abilities before the activity proper.