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Things To Know About Child Custody In Arizona Divorce

According to Arizona laws, child custody in divorce cases takes the best interests of the child in consideration. Divorce is not an easy process and if you fight over issues like child custody, alimony, child support etc., it will only make matters worse. Going through a divorce with children can be one of the toughest experiences in life. You need all the strength, help and support in order to go through the process and finally put this phase of your life behind you. For that to happen, it is advised to get in touch with a qualified and experienced divorce attorney who understands the divorce process and can help you through it.

Understanding the Legal Process

When it comes to child custody in divorce cases, both parents need to come to an agreement as to who will be the primary custodial parent. They can use methods like mediation or collaboration, or simply come to a mutual decision. However, if they fail to resolve matters on their own or by getting help from dispute resolution methods, they can seek help from the Arizona state court. In most cases, it is advised to come to an understanding on your own without the court getting involved because you don’t know what the judge would do.

To help you through the process, get help from an experienced family law attorney in Arizona. The lawyer should be hired as early in the process as possible for proper guidance. The attorney will know how to protect your rights and will make sure that a fair agreement is reached between both spouses. A knowledgeable divorce attorney will fight for your rights and will take decisions that are in the best interests of your children.

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Steps You Need To Take To Begin An Arizona Divorce

The divorce process is initiated by filing a petition for dissolution of marriage in Arizona. The petition needs to be filed in Superior Court by paying a filing fee of $321. Those who cannot afford to pay the divorce petition fee can ask the court to waive or defer the payment by submitting a written application for deferral or waiver with the court. The purpose of the divorce petition is to allege certain facts about the property rights of the parties, and issues like child support, custody and spousal maintenance. Any other rights of both parties that are related to the marriage are also alleged in the petition.

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Injuries Involving the Government

Injuries more often occur between private citizens or involve businesses, than due to negligence by the government. Civilian and commercial negligence cases tend to be more straightforward than those involving government entities. When the government is a named defendant, the skill of an experienced personal injury lawyer is very important for positive outcome for this type of complex case.

Liability of the Government

Government-related accidents occur similarly to any other accident. As an example, someone walking on a poorly maintained park sidewalk is on government property and may be equally injured as someone who slips and falls inside a business. Government employees often have assigned vehicles and may be involved in an auto accident in their work vehicle. City-owned swimming pools are frequently the scene of accidents. Veterans’ hospitals may employ a doctor who committed medical malpractice on one of the veteran patients.

Such cases are different, in that individuals are not implicated as responsible for injuries suffered by victims. Instead, the government is responsible.

Immunity of the Government

In many cases involving the government, civil plaintiffs have to overcome the hurdle of government immunity. Some instances may restrict the majority of claims due to far-reaching immunity. This immunity is under the U.S. Constitution, state laws and other decisions made by higher courts. Some states have laws prohibiting victims from suing for accidents such as slip and fall injuries from residual snow or ice at public recreation facilities.

The government must agree to be sued when immunity is in place. For such cases, there is often no recourse for the plaintiff from the government defendant.

Special Relationship and State-Created Danger Doctrines

When immunity of a government entity exists but extenuating circumstances arise, the plaintiff may still be able to sue. There is a doctrine called the state-created danger doctrine which maintains a plaintiff’s right to sue the government if the entity’s action specifically placed the citizen in harm’s way and the government failed to protect that citizen despite placing him or her in this dangerous position. Another doctrine, the special relationship doctrine, holds the state responsible for taking steps to protect prisoners or others held by police while these individuals are in state custody.

Federal Tort Claims Act

When the federal government is involved in an injury through negligence by a federal employee, that employee can be sued through a federal tort. The Federal Tort Claims Act permits suits of tort against the government under specific guidelines. This provides the process for suing federal employees, but not independent contractors, who must be sued under their employer or individual names. Further, the Federal Tort Claims Act is only applicable when the employee being sued was on-the-job and performing his or her duty at the time of the injury or damages. Claims must be unintentional torts or negligence, not intentional torts. Finally, the claim must be permissible according to state laws where the incident occurred.

Statutes of Limitations in Government Claims

When suing the government, there are strict statutes of limitations that apply. A federal tort must be filed within two years following the incident of injury or damages. The federal government then has 180 days to respond to the claim and will either admit liability and offer a settlement, admit liability with no settlement or deny liability altogether. When liability is denied, the plaintiff can litigate the case in federal court with a personal injury attorney. When the government does not meet its own time restrictions of 180 days for response, the plaintiff can also proceed with a case.

Legal Assistance

When citizens believe they have suffered injury due to city, state or federal government negligence, they should consult a personal injury lawyer to discuss potential for a claim. In Arizona, Cantor Injury Lawyers handles many such cases each year. If you have been injured due to negligence by the government, call Cantor Crane now for a free, no-obligation consultation at 602.254.2701.

Paralysis after Motorcycle Accident

Motorcycle accidents are among the most fatal traffic accidents because motorcyclists are so much more vulnerable than drivers protected inside a vehicle. While vehicles offer a protective cage of steel that is meant to minimize the impact to the occupants in the event of a crash, motorcyclists often face immediate contact.

 

Motorcyclists can suffer serious injuries such as paralysis, leaving them unable to work as they once did for the rest of their lives. Complications include:

  • General paralysis
  • Quadriplegia
  • Paraplegia
  • Numbness and tingling in limbs
  • Loss of sensation

Paralysis results from serious back and neck injuries. In some cases, you may become paralyzed after a serious head injury. Paralysis typically occurs after the spinal cord has been severely damaged, impeding the brain’s ability to control the limbs through electrical impulses. Paralysis is not always a permanent condition and it comes in multiple forms. Some may be paralyzed from the neck down while others are able to move their limbs but not walk. Others experience only partial loss of function and sensation. If you are paralyzed, your condition may vary depending on which vertebrae were damaged.

Paraplegia is a condition that causes paralysis of the lower half of the body. Quadriplegia affects the arms as well as the legs. It is common for both paraplegics and quadriplegics to require the use of a wheel chair or other assisted devices.

Diagnosing Injuries to the Spinal Cord

Motorcyclists who have been involved in an accident usually require immediate medical attention. If you are unable to move after an accident or have any sensations of weakness or numbness in the body, you may have spinal cord damage. Your medical team may order diagnostic tests to assess the damage (note: hold on to your medical records, your motorcycle accident lawyer can use them in working on your injury claim). MRIs and CT scans can determine where the damage has occurred and how severe it is.

In some cases, a myelography is used to assess subtle forms of damage. In this procedure, the doctor injects dye into your spinal cord nerves and uses x-rays or scans to examine the condition inside the spine. Electromyography measures electrical activity within the muscles to determine how much damage was done to the spinal cord and assess how badly your movement is impaired. This type of procedure is useful when it is not clear whether you will be able to walk or perform other crucial activities over time.

Treatment Complications

If you have lost sensation or movement, more than just your muscular development will suffer. Paralysis can result in the following problems:

  • Issues with Breathing
  • Bowel and bladder control problems
  • Sexual Dysfunction
  • Mobility issues
  • Loss of sensation

Paralysis can cause serious respiratory problems and paralyzed individuals often require the help of a ventilator to breathe properly. Other complications include bowel and bladder control issues. These problems may necessitate treatment through a catheter, surgery or bowel training programs. Sexual dysfunction is another common paralysis-related complication that may be treated through therapy and medication.

The type of treatment your complications require depends on the severity of the damage. Some people can function well with the help of braces and other stabilizing devices, while others require a wheelchair or scooter. Wheelchairs often require extensive modifications to the home and vehicle, which can be quite expensive.

Most paralysis victims require a combination of medical, technological, therapeutic and surgical treatment. You may also require external stabilization and transportation aides.

Personal Injury Claims After an Accident

If you have been injured in a motorcycle accident, you may be eligible for compensation. If the other driver acted negligently, he or she may be held responsible for at least part of the damages you sustained. Even if you were partially responsible for the accident, the other driver may be held responsible for a portion of your damages in most states. It is important to consider a variety of factors when filing a personal injury claim, from the extent of your injuries to whether your insurance policy will cover all of your expenses, such as:

  • Transportation costs and repair
  • Lost Wages
  • Lost earning potential
  • Legal fees
  • X-rays and lab fees
  • Physical therapy or rehab
  • Mobility aides

There are more expenses involved with paralysis than your initial hospital bills and transportation costs. Always consider the long-term damages and whether your ability to earn a living will be affected by your injuries. A lawsuit can provide you with compensation for your immediate injuries as well as the likelihood of additional expenses in the future. Many long-term therapy programs are expensive and some are not covered by health insurance policies. It is important to ensure that you are compensated for your pain and suffering, permanent disability, emotional damages and reduced quality of life as well as for tangible expenses such as medical bills.

Working with a motorcycle injury attorney is the best way to ensure that your interests are represented. A motorcycle accident attorney has the experience it takes to deal with insurance companies, opposing legal counsel and court deadlines. To maximize your chances at winning a lawsuit, work with an attorney who understands the various complications that arise after paralysis and is willing to help you build a strong case for compensation.

7 Tips for Any Parent This School Year

The school year is almost here again, and you know what that means: hectic trips to get folders and calculators, reorganizing your schedule to ensure the children get where they need to be every day, and cranky kids complaining at length about the moderate amount of schoolwork they’ll be dealing with over the next nine months.

Sounds stressful, sure, but lucky for you, thousands of parents go through this process year after year, and they’ve been doing so for a long, long time. Here are seven time-tested tips to prepare your family for the upcoming school year.

Pick Up the Essentials

Pencils, pens, folders, and notebooks. Make sure you get everything you need ahead of time. You won’t want to rush to Target at midnight for a graphing calculator the night before classes begin. Grab your school’s supply list, and get everything ahead of time.

Schedule Business

Make plans with your young scholars. Set aside time each evening for homework. A schedule will keep everyone on track, and if you’ve put a plan in place, your kids will know what to expect. Organizing business will demonstrate the importance of hard work to your kids and keep things predictable.

Schedule Fun

School is serious, but too much work makes people lose their footing. Don’t be overbearing. Make sure your schedule has time set aside every night for the family to have some fun. Nightly dinner, video game sessions, leisure reading routines, and outdoor activities will keep minds loose, happy, and sharp.

Take a Look at the Workload

If your children’s teachers are proactive enough to send out syllabuses ahead of time, take a look at them. If you know what the kids will be working on, you’ll be better equipped to help them out once they need you.

Talk to Your Kids About Drugs and Alcohol

Drugs and alcohol are a major danger on school campuses these days. Speak with your kids and warn them of the hazards associated with drugs and alcohol. Children may act too cool to hear their folks’ take on substance abuse, but deep down, they’ll be listening. Education makes a big impact.

Communicate With Your Spouse or Co-Parent

When it comes to parenting, communication is crucial. Both parents need to be on the same page. A coherent vision of your child’s well being will provide stability and focus.

For divorced or separated parents, this tip will be a little trickier. Nonetheless, parents will be more effective if they put aside their differences for the sake of the child. Charles R. Ullman & Associates reminds us good communication is the key to letting children see a healthy amount of both parents in the case of divorce.

Explore Extracurricular Activities

There are more things to a young person’s life than school. Some of those other things are better than others. If you and your children work together to put those extracurricular things together, your children are more likely to do good things. What would you prefer your kids to do: work, theater class, and sports? Or late nights at the movies with seedy older kids? Get involved.

The Merits and Demerits of Legal Practice

Pursuing a career as a lawyer has its own merits and demerits. It not only requires a huge financial investment, but it also requires a lot of time and commitment. To be able to embark on this path, one needs to be aware of all the merits and demerits of this field. Read on to know more about the top reasons why one should pursue education and career in the legal field, as well some of the drawbacks of a career in this profession.

Earning potential is Huge! – Lawyers are among the highest paid professionals, with salaries falling in the millions sometimes. Although not all lawyers will fall in that category, they do have a very high earning potential. Lawyers working with large law firms are particularly experienced as they gain years and years of knowledge in diverse areas of law over time.

Lawyers fall in the Elite circle of professionals – Being a lawyer is considered prestigious and carries a unique and glamorous image with it. Lawyers fall in the elite circle of professionals and gain respect from others, based on their success.

They are in a position to help others – Law is a profession which gives individuals the ability to help other individuals, or groups and even organizations. Just guiding someone in the right direction is enough sometimes for most clients. Some lawyers will perform pro-bono work to help low-income individuals or clients as well as help those who may have been a target of abuse, such as a child, an elderly, or a spouse.

Diverse practice areas – The legal profession has a range of niches, such as employment law, family law, real estate law, criminal law, civil litigation and more. Based on the interests and background of the individual pursuing legal studies, they can choose from any of the sub-specialties.

Apart from all these pros, lawyers also get a competitive and professional work environment which gives them even more opportunities to excel in their field. Moreover, the skills they gain in their professional career are transferable and can be applied in other walks of life as well. Lastly, the legal profession provides flexibility as well as a global influence to the individual, along with other perks.

Despite all these pros, the legal profession also has its cons. One of the biggest drawback of being a lawyer is that they have to be under huge stress most of the time. Lawyers often have to work long hours, which may give them job dissatisfaction, especially if they are not able to maintain a balance between their personal and professional life.

Moreover, since getting admitted into law school has a huge financial cost associated with it, most graduates have a soaring law school debt by the time they finish schooling. The competitive job market and peer pressure adds to the troubles. Staying up to date with the changing legal paradigms can be challenging in itself as well.

If you are considering a career in law, you must consider the above mentioned pros and cons as well as many others that are associated with them. Be sure to consult with your advisor, friends and family when making decisions related to your education and profession.


Author Bio:

Thanks to guest writer, Robert L. Bogen, the principal and owner of The Law Offices of Robert L. Bogen, P.A. The firm is a Florida based “boutique” law firm with a heavy emphasis on all matters relating to family and divorce law, criminal defense, and appellate law.

Fixed Term Employment Contracts in the Legal Arena

When employers are hiring candidates for a new position, they often have to decide whether the person will be hired for a short or fixed period of time. The person may be hired on a contract basis, for a new project, or to take care of a new task at hand. Whatever the terms of employment, they have to be clearly highlighted in the employment contract, based on the employee’s employment arrangement. Read on to find out about fixed-term employment contracts and maximum-term contracts.

Fixed-term Contract

In case of a fixed-term contract, the employment will continue to an agreed date. A start and end date of the term is fixed beforehand and is mentioned in the employment contract. Despite the length of the contract, the employer still has the right to terminate the contract on certain grounds, such as if the employee fails to perform as expected. This is perhaps the main characteristic of a fixed-term contract.

Terminating a Fixed-term Employment Contract

Both the employer and the employee have the right to terminate the contract as long as there is proper cause or grounds to do so. Both parties have to continue the employment arrangement for the entire term of the agreement, unless any of the grounds of termination are met.

Employees that are employed under contracts with fixed terms are typically excluded from the National Employment Standards entitlements. In case an employer wishes to terminate an employee or employees before the fixed date, they will have to do so in accordance with the early termination provisions. This will ensure that they do not breach the employment contract.

Maximum-term Contract

Although the name may sound different, a maximum-term contract is similar to a fixed-term employment contract. This contract also has an end-date when the employment will end. The only distinction between the two is that both parties in a maximum-term contract can terminate the agreement with proper notice, so the full employment term may not have to be endured by both parties.

Exceptions to Employment Contracts

Based on past experiences with the employer, if an employee has reason to believe that the employer may not extend the fixed-term contract, then that may initiate termination.

Permanent Employees Should Avoid Fixed Term Contracts

Many employees may attempt to employ fixed-term employees instead of permanent employees for positions that actually require a long term, permanent employee. They do this to save costs as fixed term employees do not have the same entitlements that permanent employees have. The employer will staff a series of consecutive fixed term contracts instead of signing one permanent contract. If this happens quite often, the Fair Work Commission may deem the relationship permanent instead of a temporary or short-term one.

Whatever the case, you must seek help and guidance from an experienced attorney or litigator to work out a realistic solution for any legal problems that may arise at the workplace. The attorney will help go over the commercial contract with you in order to make sure that your rights as an employee are not violated.


Author Bio:

Compassionate attorneys at Priale & Racine PLLC VA provide strong legal representation for immigration and criminal defense cases.

Can Third Parties Sue Hospitals In The US?

Based on recent court rulings, third parties can now sue hospitals for any negligence that may have occurred because of their carelessness. The ruling was passed based on an incident that took place on March 4th, 2009, when a woman drove to the emergency room complaining of severe abdominal pain. She was prescribed “Dilaudid”, which was administered intravenously, along with Ativan, as she was allergic to morphine. She was shortly discharged from the emergency room as her condition became stable. Dilaudid is an extremely potent opiate painkiller, and Ativan is a muscle relaxer. As the woman drove back home, she was not informed by the hospital staff that her ability to drive will be impaired by the use of these powerful medications.

While driving, she crossed over a double yellow line, into oncoming traffic, striking a school bus driver. The driver suffered severe injuries as a result of the crash, including multiple skull fractures and permanent brain injury. He was confined to a wheelchair as a result of the injuries, and his wife soon divorced him due to his disability. The bus driver is now being taken care of by his family and he is collecting Social Security disability benefits and Workers’ Compensation for a living.

Being the plaintiff in the personal injury case, the driver soon filed a case against the hospital and the woman’s physician who failed to warn her of the fact that Dilaudid might impair her ability to drive. The medical malpractice lawsuit alleged that both the physician and the hospital were negligent in informing Ms. Walsh that she should not drive after taking these drugs.

The trial court granted a motion to dismiss filed by the medical providers, who argued that the claim Davis made against them lacked legal merit. The case was dismissed but the injured plaintiff appealed. The dismissal was upheld on the grounds that medical providers do not owe any duty of care to third parties. However, Davis took the case up to the highest court and appealed, where the court ruled that any third party injured by an impaired person can sue medical providers for their negligence. If drugs have been administered, the medical provider has a duty to inform the patient that their ability to drive could be impaired. The ruling was passed based on the fact that public safety has an overriding concern when compared to the existing duty of care.

Justice Eugene Fahey explained that the doctor in this case “took the affirmative step of administering the medication, without warning Walsh about the disorienting effect of those drugs created a peril affecting every motorist in Walsh’s vicinity.” Justice Fahey went on to explain that the doctor and hospital were the only ones in a position to warn Walsh.

The New York Court of Appeals passed the ruling, stating that these types of third party claims are admissible. However, the ruling was opposed by the American Medical Association, who argued that the ruling would open the floodgates and expose medical providers to a practically limitless number of lawsuits.

Author Bio:

This guest article is from California litigation lawyers at McFarlin LLP serveing Los Angeles & Orange County. Helping clients with matters of: foreclosure, mortgage litigation, bankruptcy, real estate and business litigation.

What you should know about a Deposition in Family Law?

In any family law case, clients are advised by their attorneys not to talk to the other attorney, insurance companies, or investigators. That’s because the client can give out information that could make their side of the case weaker. However, in case of a deposition, your lawyer will actually give you permission to talk to the opposing attorney and answer any questions that they have to ask you related to your case. The purpose of a deposition is to allow communication that would likely lead to the discovery of admissible evidence.

In most cases, deposition has to be done because the court requires it. It allows the court to know each side and to learn as much as possible about the other side before going to trial. This process is known as ‘discovery.’ The discovery process allows attorneys to analyze the settlement value of the case and it makes the settlement of the case more likely. Since there are thousands of cases that overload the court system, reaching a settlement before trial is usually favored.

What happens at a Deposition?

A deposition gives the other party’s attorney an opportunity to ask questions not only about the incident, but also ask the individual about their education, their work history, any previous injuries they may have sustained, and so on. All these questions and their answers allow the opposing attorney to learn about the person and it gives them an opportunity to talk to them before a trial. The opposing attorney will also look to see if the person is lying during the deposition and then use that against the person during the jury trial.

What should you do during the deposition?

During the deposition, you want to answer all questions asked by the opposing attorney truthfully. Never give away extra information voluntarily. Only answer what is asked. You also want to remain calm during the deposition at all times. A deposition should be treated as an interrogation by a police officer where your interests are not important. The other party’s attorney would be looking for information that can be used to harm or damage your case. The attorney of the opposing party can get you upset during the deposition and they can very well do it at trial as well. Therefore, it is important for you to stay calm and be normal during the deposition.

How to Answer Questions

Pay close attention to each question asked and make sure you understand the question. If you do not understand the question, mention that to the attorney and ask them to explain it to you before you answer it.

  • Answer all questions truthfully. If you know the answer, state it, otherwise, you can say “I don’t know.” Be firm in answering, do not give a confused answer.
  • Wait until the attorney finishes asking the question before answering.
  • Do not attempt to anticipate the question. Never try to answer an unfinished question as it will only lead to confusion.
  • Don’t let the other attorney put words in your mouth. Attorneys have a habit to mention facts and statements in a manner which may not actually be true or correct. Do not be confused by these tactics and don’t be mislead.

If during the deposition you realize that you have given an incorrect answer, stop and correct your previous answer. It is better to correct the deposition at the time it is being taken rather than later.

Deciding What is Best For Your Child During Divorce

Going Through a Divorce? How to Decide What’s Best for Your Child

It goes without saying that divorce can be really difficult. It can be even more difficult when kids are thrown into the equation. As if things weren’t already complicated enough, you and your spouse are now having to figure out what the best situation for your child will be. Who will they live with the majority of the time? Where will their holidays be spent? How will decisions be made about medical care or schooling? The list of questions can feel infinite, so how do you and your spouse decide what the best possible scenario will be for your child as the two of you part ways? (more…)

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