Month: April 2021

Guide To Finding The Right Mesothelioma Lawyer For Your Case

Knowing the qualities of the lawyer you work with when filing for an asbestos injury claim puts you closer to your grand price. While the benefits of having a mesothelioma lawyer by your side are many, finding the right one can prove a challenge. So, how do you find the right mesothelioma lawyer for your case?

Work with Referrals and Recommendations

Unlike other lawsuits people deal with in the court of law, you have to be thorough when dealing with asbestos injury claims. Several lawyers in the market offer legal services, but not all of them can serve your interest. Finding the right one can prove hectic when you lack guidance. This is why you need to work with referrals and recommendations. It is easier to find the best lawyer for your mesothelioma lawsuit when referred by people you trust, such as family members or friends.

Research

Mesothelioma is a form of cancer caused by extreme exposure to asbestos. When you research, you not only get information on the impact of mesothelioma but also how the legal process is handled. It is easier to access services from a reliable law firm such as Sokolove Law for your case. Through research, you also get to understand the qualities a lawyer should have and the roles played in your case. The more information you have, the faster it will be to find a reputable lawyer.

Consider Track Record of Success

It will only serve your interests when you get a favorable verdict in your mesothelioma lawsuit. The help you get from the lawyer determines how far the case will go after filing for mesothelioma compensation. When looking for a lawyer to work with, consider the track record of success. If the track record of the mesothelioma lawyer is impressive, there is confidence in getting better results in your case. However, if the track record of success of the lawyer is questionable, you should consider other options.

Consider Knowledge On Asbestos Injury Claims

It is vital to work with a professional who can confidently explain the possible scenarios in your mesothelioma lawsuit. The lawyer you seek to work with should have knowledge on evidence needed to make your case viable, the legal steps to follow, types of compensation, inclusive of mesothelioma settlement and asbestos trust fund, and the possible verdicts.

Experience and Reputation

Finding the right lawyer for your case means cross-checking your list and weighing the potential legal practitioners available before deciding. It is, however, easier to find the right mesothelioma lawyer when you focus on the experience possessed and the reputation. You should consider a lawyer who has been practicing and handling asbestos injury claims for years. The lawyer’s reputation is determined by the number of mesothelioma patients and families represented successfully in the past. An experienced lawyer is well versed with asbestos laws and other federal legislation.

Handling asbestos injury claims calls for effective preparation. Navigating the legal and justice system can be overwhelming. This is why you need …

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How Best to Split Custody of a Child: What’s Fair and Right?

When you are going through a divorce, one of the most difficult things you have to deal with is trying to figure out child custody with someone you are most likely not getting along with. In this situation, it is important that both you and your ex-partner put your feelings aside and simply decide what is the best parenting arrangement for your child. If you are unsure how to proceed, and don’t know what the fair and correct decisions are, then this article should help you to understand things more clearly. 

What Is Child Custody?

Child custody is a legal term used to describe which parent receives guardianship of the child/ren after the parents go through a divorce. It is a complicated and stressful process, especially when the parents did not split amiably, as they will have differing opinions about what is best for the child. According to Australian family law, children have a right to a meaningful relationship with both of their parents, and they also have a right to be protected from harm. If they are in a dangerous situation, then the right to be protected from harm comes before having a relationship with the parents.

The court will always make decisions about child custody based on what is in the best interest of the child – not what the parents think is right. When your child is under the age of 18, then both parents have equal shared parental responsibility, unless the court decides it is best to stop one parent from having parental responsibility for the safety of the child. It is important to note that ‘equal shared parental responsibility’ is not the same as equal time with the child. There is no rule that says a child has to spend half the time with one parent and half with the other. Normally, it is the parents who decide themselves what is the right amount of time for the child to spend between them. 

Things to Consider When Deciding on Parenting Arrangements:

During the process of a divorce, it is always a relief when you can avoid going to court for something – and if you can decide on parenting arrangements between yourselves, then you don’t have to go to court. A parenting arrangement can be a verbal agreement, a written parenting plan, or an agreement that has formal consent orders. The first two options are obviously what you would choose if you want to avoid visiting court. Sometimes, if you want to figure out a dispute around parenting arrangements, you can go to a community support service to seek advice. 

There are some important factors that you should consider when you are figuring out your parenting arrangements, such as:

  • How old your child is, as this will affect the logistics of your arrangements
  • Making sure your plan follows a regular routine, but incorporates flexibility
  • Who is in the best situation to provide everyday care
  • Whether it is practical for the child to spend equal

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What are the Drink Driving Penalties in Australia

What are the Drink Driving Penalties in Australia

Getting caught drink driving can turn out to be a serious offence – depending on a couple of factors, you could be facing disqualification from driving, potentially heavy fines, and in some cases even jail time. But what are the drink driving penalties in Australia and when do they apply?

Here is your quick guide to navigating limits around Australia.

What is a Drink Driving offence?

Drink driving is when someone is driving while:

  • With a blood alcohol concentration over the legal limit;
  • Under the influence of alcohol or any drug where the driver is, therefore, unable to exercise proper control over the vehicle

Drink driving laws in Australia

Depending on where you are, you might face a slightly different penalty for the same offence. That’s because States and Territories have their own road laws when it comes to drunk driving and the penalties that occur as a result.

For example, in Victoria, it’s the Road Safety Act 1986 that applies, whereas, in Western Australia, it’s the Road Traffic Act 1974, sections 63, 64AA that counts. If you’re new to town, it’s worth knowing the exact limits, even if they’re largely similar from state to state.

What is the limit across Australia?

Even though states have different laws, Across Australia a 0.05% Blood Alcohol Concentration (BAC) or higher is an offence. Differences between states come into play when someone’s BAC is higher than 0.05.

Where are these laws applicable?

Across Australia, police are allowed to stop any car and ask for a breath test. If you are caught drink driving in any vehicle (car, truck bus, even jet skis, and boats, etc.) on a public road (or waters), you are subject to the relevant law and likewise punishment. Most states also include private property in these laws; however, this isn’t the case everywhere.

If you weren’t behind the wheel of a moving vehicle, and the vehicle was turned off, you cannot be charged, and should immediately consult a lawyer if you are.

What is the drink driving limit in Western Australia?

So what does the law say about drink driving in WA? Essentially if you’re over the limit you face consequences such as a loss of demerit points, or a notice to appear in the Perth Magistrates Court to determine the penalty. Here’s what you need to know:

  • In Western Australia, if you’re on a normal licence and you’re caught with a BAC of between 0.05 and 0.079 you will face penalties.
  • If your BAC is higher than 0.08, you will receive an automatic disqualification until the issue is resolved in court.
  • You must have a 0 BAC if you’re one of the following: novice driver, extraordinary licence holders, taxi drivers, bus drivers, and anyone driving a heavy vehicle like a truck.

What are the drink driving penalties?

There are multiple possible penalties for a drink driving offence. Depending on where you are, the circumstances, and your BAC, there is a range …

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How to prevent elder abuse during the coronavirus?

Elder abuse is a heinous offense that can attract criminal, civil, and moral charges. Victims of elder abuse vary by status, gender, background, and age. While institutional elder abuse is commonly heard of, domestic elder abuse is also rising over the past few decades. If you suspect your elderly neighbor or relative is going through abuse, it’s the best time to look for an elder abuse attorney near me.

Elder abuse can manifest itself in a multitude of ways. While some stringent laws and rules safeguard an elder’s rights and interests, most elder abuse cases go unreported.

According to a report by the National Institute of Health, only one in fourteen cases of elder abuse is reported. The NCA (National Council of Aging) report suggests that over five million older adults are subjected to elder abuse every year. The looming uncertainty created by the Coronavirus pandemic has given rise to elder abuse cases.  

Elder abuse can range from financial, psychological, emotional, physical, or sexual offenses. Negligence and abandonment are also considered elder abuse and punishable by elder law. Elder abuse can physically, emotionally, financially, or psychologically impact an elderly victim.

Older people are already vulnerable to abuse and financial fraud. 

The current situation of the Covid-19 pandemic and various social distancing and isolation norms have disproportionately affected elders. This has made it easier for abusers to escape unnoticed.

Some signs that indicate elder abuse by a caregiver or family member:

  1. Substance abuse by the family member or caregiver
  2. Keeping the elder in isolation or restricting their interaction with others
  3. Conflict in stories or incidents told by the caregiver/family member and elderly person
  4. Speaking on behalf of the older adult even when they are capable of representing themselves

Laws that overlook elder abuse cases

Local and state health departments run Adult Protection Services for victims of elder abuse. These agencies are formed to investigate elder abuse cases and protect the rights of older adults. Besides this, federal laws that address elder abuse cases are the Elder Justice Act and Older Americans Act. Unfortunately, due to lack of funding, the effectiveness of these acts has decreased over time. Since EJA allocates funds to Adult Protection Services, they experience challenges in enforcing existing elder abuse laws.

Identifying elder abuse is crucial in preventing it from turning catastrophic. If you are an elder or someone caring for elder parents, you must be aware of various ways to prevent abuse. 

There are various ways to prevent you from being an elder abuse victim.

  • Know your rights as an elder in America
  • If you are an aging individual, practice a healthy lifestyle to decrease your chances of becoming a vulnerable target
  • Keep tab of all your financial accounts and documents
  • Consult an estate planning lawyer to draft a living will to prevent unauthorized changes to your estate plan
  • Keep your estate plan and will updated or review it periodically
  • Keep your personal information safe from suspicious individuals
  • Avoid sharing your personal details on social
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