Careers

What is Child Endangerment?

Child Endangerment is defined by the law as the act or inaction of a guardian of a child that leads to an imminent physical, mental or developmental harm. In some states, child endangerment is a qualification for a child abuse case while other states have a separate child endangerment charge. A child endangerment charge does not necessarily have to be a result from a child being injured. In fact, for someone to be charged with child endangerment, all the state has to prove is that the child has been put in harm’s way because of the action or inaction of the care giver.

Who can you sue for child endangerment?

A person has to be the caregiver of the child who was endangered for him to be the defendant of the lawsuit. So it is usually the parents but if a grandparent, an aunt, or an uncle has accepted the responsibility in caring for the child and they have shown the inability to properly care and protect the child from any harm, then they can also be sued for child endangerment. A teacher or daycare worker in which the child goes to can also be sued if proven that they were not performing their responsibility in keeping the child safe by their actions or inaction.

What actions can qualify as child endangerment?

Again, it is worth repeating that actions and in actions can be basis for a child endangerment cases. For example, a child left alone in a car on a very hot summer day qualifies as child endangerment since this action is proven to cause danger on a child’s health as it can result to heat stroke. Another example is not bringing your child to a hospital when the child is clearly sick. This can be a basis for a case as well since a “reasonable person” knows that when a child is not feeling well or is obviously sick, medical attention must be provided in order to prevent fatality or further harm. Thus, not bringing the child to the hospital for medical attention is putting your child to imminent harm.

The courts also endorsed the use of presumptions in cases of child endangerment. For example, parents who use illegal or controlled drugs with children in premises are presumed to have put the child in danger. In which case, it is the defendants responsibility that the child is in fact not in harm’s way. The state does not have to prove it because it is considered a given. To obtain a conviction, the prosecution must prove beyond a reasonable doubt that the accused committed one of these following acts as per definition of child endangerment.

What is the punishment for a child endangerment crime?

Child endangerment can be a felony or misdemeanor. The charge will depend on how much danger you have put the child in. If the child was actually injured and had been at risk for death, then the charge can immediately be a felony charge. Prison time can range from 6 months to 20 years. You can also be slapped with a hefty fine that can range from $1,000 to $10,000, maybe even more. Again it will depend on the severity of the crime. In cases where there is no prison time involved, just a probation time the defendant is asked to get parental education lessons and they are usually referred to child protection service agencies to monitor the situation and they will take actions when or if necessary.

Pedestrian Collision Deaths: It is More Common Than You Know

An accident involving a pedestrian being hit by a car or other form of vehicle is the most fatal kind of accident, yet it is also the most common. According to a statistic released by NHTSA or the National Highway Traffic Safety Administration in 2013, a pedestrian dies every hour and injured every 8 minutes because of accidents involving a vehicle. Fatality of a pedestrian is very high because as you can imagine, there is form of protection on pedestrians. Their only hope of not getting injured while walking in the sidewalk or crossing the street is the faith that motorists will follow the traffic laws and not drive recklessly.

According to Timothy J. Ryan & Associates, pedestrian collision accidents are more common in cities or urban areas. It usually happens at night and in most of these accidents, alcohol is involved. Usually, either or both the driver and pedestrian has ingested alcohol based on their blood alcohol content or BAC. It is has also been found that 9 in every 10 pedestrians hit by a car dies. 20 percent of pedestrian collision cases are hit and run because the drivers at fault do not stop to help the victim. These statistics are a sad reflection on our society. However, the laws are on the side of pedestrians and you have every right to sue if you or a member of your family is a victim of pedestrian collisions.

Issue of Liability

According to the law, a driver of a vehicle is held more accountable compared to a pedestrian in any circumstance since vehicles being driven in a highway have the ability to inflict fatal bodily harm. Therefore, even if the pedestrian was at fault, the driver must exercise an action that will protect the pedestrian. For example, a pedestrian was jaywalking or crossing the street on a non-designated pedestrian lane illegally, so in this case, the car has the right of way. However this does not mean that if the pedestrian got hit, the vehicle has no responsibility at all. Even if the vehicle has the right of way, he must stop or do everything possible to protect the life of the pedestrian. This point is always given to the jury and the court in every case.

Lawsuits and Claims

Lawsuits almost always follow when pedestrians are involved in collisions with vehicles. When injuries are sustained, a personal injury claim is a suitable claim to pursue. This will compensate the victim for the damages and loss of ability to work in the future, the cost of medical care and other future medical help needed and other damages. The partner or spouse of the victim can also file for loss of consortium claim if the injuries of the victim have affected his ability to comfort and care for his/her partner or spouse. Wrongful death claim may also be filed in cases where in the victim died because of the accident. In cases when the driver did not stop to help the pedestrian, is automatically sued for a hit and run case.

Different Types of Child Abuse and their Signs

Child abuse is basically defined as “an act or failure to act by a parent or caregiver that resulted to a child’s endangerment in the form of injury, emotional harm or death”. Child abuse can take many forms and it is important that everyone knows the signs when a child is being abused to be able to report such incidents. It has been reported that every year, an estimated 3 million children are reported to have been abused in one way or another. The numbers may be higher but any cases are not reported due to citizens’ inability to recognize the signs and symptoms of when a child abused. This has to change and child abuse has to stop.

There are many forms of child abuse and it is important to know them and know the signs when a child is experiencing abuse. If you recognize these signs it is best to contact the proper authorities. Below are the types of child abuse and their signs.

  1. Physical abuse. It is one of the most common forms of child abuse. It is when a parent or caregiver uses brute force to cause a physical injury to a child. For example, kicking, slapping, punching, pushing, hair pulling among other acts are used to “punish” a child for wrongdoing. Signs like unexplainable and constant bruises and injury is always present in a child. He can hide bruises by using long-sleeved clothing even during hot season. The child can also show an aggressive behavior towards classmates and playmates, fearfulness towards the parents or caregiver, violent acts towards unsuspecting subjects like pets, withdrawal, anxiety and depression.
  2. Sexual abuse. It is when an adult is using a child to satisfy a sexual act or for any sexual purposes at all. It can be non-contact like showing of a sex organ or sex act to child and inappropriate sex talk towards a child. Sex abuse can also be as grave as making a child perform a sex act on an adult. Child pornography and prostituting a child are also forms of sexual abuse. A child may show physical signs like difficulty in walking and bruises in unlikely places, kiss marks and bowel problems. She may also show some depression, rebellious attitude, lack of confidence, and show poor performance in school.
  3. Emotional abuse. It is when the parent or caregiver is harming a child’s emotional and mental development by doing acts that impedes the child’s social development. This can be done by shaming and humiliating a child, isolation, rejection and corrupting a child’s values. Signs would include low self-esteem, anti-social and destructive attitude, delayed mental and social development and extreme emotions.
  4. Child Neglect. This is when the parents or caregivers is not doing their part in supervising the child’s growth and development, does not provide sufficient care, support and love to nurture the child’s health, safety and over all well-being. This can come in a form of physical, medical and educational neglect. Signs can include frequent absences in school and/or truancy, using of dirty clothes to school or unkempt appearance, frequently hungry, appearance of injury with no sign of medical treatment.

Reporting child abuse when you see one is very important as it can lead to saving a child from danger. Various NGOs and local police are one of the many agencies you can contact to report child abuse. Getting the attention of a school’s guidance office can also be a way to alert the authorities of possible child abuse. Everyone and anyone can report child abuse cases. Let’s do our part to end this problem.

How To Find The Best Wrongful Death Lawyer

the bestAs troublesome as losing a friend or family member can be, such a misfortune resulting from the negligent acts of another can make things far more difficult. It is essential to know about your compensation rights particularly since you have a limited amount of time to file a claim.

With this in mind, it is important to start searching at the earliest opportunity to find a lawyer experienced in the field of taking care of wrongful death claims. Obviously, contracting a lawyer to explore and document such a case won’t fix the damage brought about, however it will determine the responsible individual or company liable and help you cope with your loved one’s death.

Factors to Consider When Hiring an Attorney

The choice to hire a lawyer experienced in taking care of wrongful death cases ought to be made at the earliest opportunity. Such a choice can be confusing amid a period in your life when relatives are sincerely upset and need genuine and dependable assistance. While picking the right lawyer can be a complex procedure, all things considered, the choice must be made.

The following are some important components that ought to be considered while picking a lawyer experienced in taking care of such cases:

  • tips_to_keep_in_mind_on_match_dayChoose a lawyer who focuses his/her practice solely in the field of wrongful death law and has effectively taken care of wrongful death cases with a lot of success in your area. If this happened in LA, hire a wrongful death attorney in Los Angeles who has a history of results. That will help ensure they have experience in the courts you’ll be filing at.

 

  • Choose a lawyer who has a decent notoriety among different attorneys, judges and the groups you hold dear. A lawyer’s notoriety is for the most part a decent impression of how he/she will handle your case.
  • Successful reputation. You require a lawyer who has great results. Since achievement is by and large measured by a lawyer’s reputation, it might be justified regardless of your opportunity to take a close look at the potential lawyer’s history of securing great results.
  • It is essential to accept and assume that your lawyer will consider your needs as being a top priority. Without the “trust” calculated, you won’t feel certain that you are getting the compensation you deserve.
  • Good staff. A lawyer’s staff does a surprising amount of legal work. All things considered, it is critical to trust and like the potential lawyer’s staff and realize that they are going to be a big part of your case.

At last, you have to settle on the choice that is a good fit for your family and you. You have to assemble the best options and pick the lawyer that will help you get the full compensation to which you are entitled. With the right lawyer on your side, you can be certain that your lawful undertakings are dealt with while your family and you focus on managing the inauspicious loss of your cherished one.

What To Expect As an Excessive Fee Lawyer

Institute for Legal ReformDid you catch wind of the class action where consumers destroyed the banks and went on a 5 million dollars shopping spree? Neither did I. What’s more, a study dispatched by the Institute for Legal Reform hints that as far as acquiring much-needed compensation and satisfaction for consumers, most class action legal professions are a joke.

Indeed, even in situations where legal advisors really do arrange a significant settlement for the benefit of their class members, rarely do the class members receive the money they so deserve. In many cases, the attorneys are the ones benefitting. Although some attorneys are happy with this situation, many are not.

How bad is the situation? Analysts at Mayer Brown turned upward every consumer class action in government court in 2009 reported by two noteworthy class action firms. They found that in five of six situations where settlement dispersion information was accessible, the rate of class individuals who really got cash went from a high of 12% down to a low of 0.000006%.

For reasonable purposes, the attorneys handling the case are often the ones who receive the bulk amount of profit from the ordeal.

I can hear the complaints on a regular basis. The ILR is financed by the U.S. Chamber, whose corporate individuals detest class activities. Mayer Brown by and large works for the defense. The research was done on a huge number of class activities that are recorded every year. In any case, that doesn’t change the truths, which Mayer Brown specialists put it all on the line for people to decipher on their own.

They picked the year 2009 on the grounds that it was four years after the Class Action Fairness Act of 2005, which cut back on the absolute most unfortunate practices of the class-activity bar. Those incorporated arranging “coupon” settlements where customers win the benefit of purchasing marked down items from similar organizations that as far as anyone knows scammed them, while the legal advisors are paid in real money. (Presently they must be paid an expense in view of the coupons really traded out.) And the law expels most national customer class activities to government courts, where legal oversight is by and large thought to be more thorough.

In view of this study, CAFA didn’t help buyers much. The analysts recognized 148 class activities from the 2009 vintage, subsequent to killing work and securities-related cases, which work under various and more thorough legitimate standards. They likewise dispensed cases by legal counselors who ordinarily pick on organizations seeking expenses from any settlement. Out of the 148 residual cases, 28% were settled, 27% were expelled on the benefits, 30% were deliberately rejected by the legal counselors or settled on an individual premise, and 14% were all the while pending.

Not a solitary case went to trial, delineating the reason offended party legal counselors cherish the class action framework to such an extent. Once a judge guarantees a case as an action in the interest of thousands or a large number of customers, the stakes are generally too high for organizations to consider something besides settling. While legal counselors deliberately reject some feeble cases and judges expel others, chances are legal counselors get paid something for each of them. Click here to learn more about excessive fees. Like a union supervisor giving a break to keep his individuals off of an occupation site, the class-activity legal counselor is not above dropping his case in return for an expense.

overdraft-fees-cfpbMost willful expulsions are classified, so class individuals never discover how much their onetime legal advisors and named offended parties were paid to drop what once appeared like such a promising case. They do pay, obviously, as higher costs on the merchandise and enterprises they purchase later on.

As a consequence of the legal and intentional rejections, the creators close, shoppers get zero in more than half of the proposed class activities documented. The class action settlement rate of 33% is far lower than the normal of 67% in government courts. Indeed, even the trickiest government cases including inquiries settled at a higher rate.

Judges, shockingly, don’t approach the situation with a comparative level of budgetary intuition. They as often as possible honor offended party legal counselors with implied estimation of the settlement, regardless of the possibility that the general population who arranged it knows that the payout will be much smaller.

Pros and Cons of being an Employment Attorney

employment lawThere are many different areas of law in which an attorney can practice. Why choose employment law? There is a lot more than meets the eye when it comes to employment law. Each case has it’s own set of challenges, and you will be helping those who desperately need your expertise.

Educating the public on their rights as workers can be a very fulfilling job. There are also some negatives that come along with this position, but if you are interested, keep reading to learn more about what makes this particular field of law great, and what makes it torture some.

Areas of employment law include:

* Contracts and discrimination

* Employment Workplace privacy

* Whistleblowers

* Wages and benefits

* Family and medical leave

* Workplace safety

* Unemployment compensation

* Workers’ compensation

The pros of being an employment attorney

Pros of being an employment lawyerThere are very few areas out there that are more interesting. It is exciting no matter which side of the case you are on, employer or employee. Depending on the case, you will be able to discover a lot.

* You can help those dealing with emotional pain from traumatic circumstances be compensated for the wrong done to them, giving them the ability to live their lives in peace.

* Shutting down an employer who is discriminatory can be very satisfying.

* Ensuring the rights of employees or employers can have a larger scale impact in the long run.

The cons of being an employment attorney

cons of being an employment lawyer* If you work with discrimination clients, it can get very messy. The reasons behind discrimination suits can be very sensitive, and can cut you to the core.

* Workers’ compensation is much more difficult to obtain than many realize. There can be many hearings, and your client who is in pain still may not recover what they need.

* You may come across a client who is just trying to milk the system. That is when you say no to a client. It can be difficult to determine who these individuals are up front, and you can waste a lot of money finding out.

Financial considerations

Employment attorneys make a great deal of money, if they can successfully take cases to completion and find clients willing to hire them. I’ve practiced in Orange County for my entire career and have watched young lawyers get very rich, very quick. One employment lawyer in Orange County (Scott Cooper of the Cooper Law Firm) has obtained $170 million on behalf of his employment clients since 2007 alone.

If you love to fight for the little guy, and don’t want to become a personal injury lawyer or criminal defense attorney, becoming a plaintiff employment lawyer may very well be for you.

Job Review: Real Estate Attorney

2015-09-15-1442341152-1958479-RealEstateLoansThe exact path of becoming an attorney is determined by the rules and regulations of each state’s bar associations. In general, attorneys are required to have a bachelor’s degree, and to finish from a law school that has been accredited by the American Bar association.

Gaining entrance to a quality law school can be very competitive. Scoring high on the Law School Admission Test could prove to be very helpful. Topics of study will include legal writing, contracts, civil procedures, and constitutional law. Some law schools have real estate law as a special area of study.

A real estate attorney will find that much of their work will deal with preparing documents, or researching current laws, and reviewing past rulings related to a current case. Real estate lawyers will have to work long hours tackling issues related to title transfers, mortgage lending, zoning, and construction.

Companies will consult real estate lawyers when they require expert advice concerning laws and regulations that could have an impact on how they purchase or sell real estate.

There are times when real estate attorneys have to make appearances in court. It could be related to representing a company or individual when there is fraud involved, or if there is some type of breach of contract.

Special skills a real estate lawyer should have is the ability to be an analytical thinker He will need this to define whatever legal problem that may arise, and then come up with the correct solution. Good judgment and a strong sense of ethics are required. Communication skills are at a premium, especially when it comes to dealing with clients, judges, and other legal professionals. Creating an air of confidence when dealing with situations and people will go a long way in securing your position in your profession.

In the area of career prospects, real estate attorneys may face competition from paralegals and accountants when it comes to performing real estate related duties, But on the other hand, the U.SA Bureau of Statistics predicts a growth rate of 10 percent for lawyers in general in the years coming up to 2022. A median income for real estate attorneys is $134,744.

Every profession has its downside. In the case of real estate lawyers, the length of study is an issue. Seven total years of study is required. Costs could run high if it comes out of pocket. If you use student loans you’ll be faced with a high pay back bill. In 45 states you have to become involved in continuing education, To make a good salary long hours of work are necessary.

What It Is Like to Be a Criminal Defense Attorney

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Being a criminal defense attorney can be a wide variety of things, from rewarding to controversial, these specific attorneys often have widely varied perceptions among their peers and society.  However, criminal defense attorneys are one of the most important types of attorney.  Every citizen is presumed innocent until proven guilty, and criminal defense attorneys carry this burden for their clients.  Whether an attorney is a private criminal defense attorney or a public defender, they are expected to use their skills and knowledge to prove their clients are not guilty.

 

These particular attorneys defend clients from charges ranging from minor misdemeanors through serious felonies, which carry sentences from fines and community service to hefty jail time and in some case death penalty punishments.

 

One of the most important things to keep in mind when hearing criminal defense attorney, is that not every crime is a horrendous murder and not every person charged in a crime is a horribly evil monster.  Defendants charged with crimes are mostly normal people, living normal lives who made a bad decision, got caught up in the wrong place at the wrong time, or just simply let a situation get out of hand.  Of course, there are murderers, kidnappers, rapists, who do have criminal defense attorneys,  but a majority of the people who are charged with criminal offenses are just regular people who are in need of help and guidance.

 

 

The most important role a criminal defense attorney plays is counselor.  These lawyers are responsible for listening to their clients stories and guiding them towards a resolution to their case that will afford them the best possible outcome.  Criminal defense attorneys spend a great deal of their time interviewing witnesses, performing extensive research and preparing documents and presentations for trials.  Defense attorneys are also responsible for examining the crime scene and securing and preparing expert witnesses to appear on the defendants’ behalf.  Their responsibilities extend to being able to explain complex state and federal laws to clients and their families, so that defendants will understand the charges that they are facing and what the potential repercussions will be for each.

 

Defense attorneys will look at all the facts and evidence of their client’s case and advise them on how they should proceed, whether it is pleading guilty or not guilty, accepting lesser charges, a plea bargain, or taking their case in front of a trial of their peers.

 

Being able to provide a competent and vigorous defense for a client regardless of their guilt or innocence is the most important function that every defense attorney serves.  In the most basic sense, defendants must have confidence that their attorney will fight for their constitutional rights, and defense attorneys must value upholding the constitution as the most important and rewarding component of a profession that is often misunderstood or misrepresented.

Job Review: Personal Injury Attorney

Personal-Injury-Claim

 

When most people picture an attorney, their image is of the personal injury attorney, the litigator standing in front of a court making a case to a jury that their client should be awarded a massive sum of money. Many lawyers who work in the personal injury field rarely see the inside of a courtroom. It’s often their skills in investigating, analysis and negotiation that keeps them out of court.

 

The personal injury lawyer is the person one calls when one feels they’ve been injured in some form by another person or entity. The lawyer handles tort cases, instances when a person or institution has breached a duty of appropriate behavior, and that breach of duty causes a tangible harm to another. The tort litigator will attempt to prove that their client deserves to be compensated by, or even protected from, the person whose action or inaction caused the harm.

 

A personal injury lawyer takes cases that aren’t limited to situations where there is a physical injury to someone. Injuries can arise whenever:

 

  • There is an assault
  • A medical professional doesn’t do their job up to a reasonable standard (malpractice)
  • Insurance companies refuse to pay complete recompense for injuries
  • When someone lies about another person and causes damage to another’s reputation (slander or libel)
  • A company sells substandard goods that cause some harm (product liability)

 

The personal injury lawyer may specialize in one or more of these kinds of cases. For example, some lawyers take on cases involving car accidents. Some lawyers specialize in medical malpractice cases. By specializing, lawyers gain experience in one field and may often make a better living than if they had a more diverse practice.

 

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Some lawyers may specialize in taking cases to court; however, most attorneys settle cases through negotiation without going to trial. A trial is a lengthy, time-consuming process, expensive to both parties. A personal injury lawyer will excel in investigating the facts around a case. They will make an analysis of the facts and determine the strength of their case. They will decide whether they can win a large sum via trial by jury, or whether their client is better served by settling the case out of court.

 

Personal injury attorneys must have a commitment to their clients above all else. They must be willing to work with people from all walks of life, be great listeners as well as great communicators. They must be able to understand complex issues from a variety of disciplines, especially if they plan to excel at litigating different kinds of tort cases. They must also be able to translate these complex issues into language a layperson can easily understand.

 

The American Bar Association certifies personal injury attorneys. A lawyer seeking certification must take and pass a certification program. The certificate indicates that a lawyer is interested in and competent as a personal injury lawyer, assuring clients that they are obtaining proficient representation in their case.

Job Review: Bankruptcy Attorney

bankruptcy-documentAbout their basic duties, bankruptcy lawyers are there to navigate their clients through the process of business or consumer bankruptcy. Lawyers will need to understand all the legal intricacies of the cases they handle for their clients. They will be charged with filing legal documents, advising their clients about what actions and directions their cases should take, and or course, presenting their cases in court.

 

Prospective law students must first earn a four year bachelor’s degree. There isn’t a specific subject major required, but many future lawyers earn degrees in History, Philosophy, or Psychology. Aspiring bankruptcy lawyers might want to major in Economics or Business,

 

Grade point average can play a larger role in who gets selected for law school than the area of a major. Having an A or B grade point average is highly regarded

 

To carry through and obtain a law degree, known as Juris Doctor, law students have to complete a three year course of study. The types of required courses include Contracts, Property. Civil Procedures, and Torts, These are all required first year courses. During the remaining two years of classes students are advised to zone in on an area of expertise.  Those wishing to become a bankruptcy attorney, of course, should focus on bankruptcy law classes and related areas.

 

An option for second and third year law students is to enroll in a bankruptcy clinic. The clinics give students hands on legal experience under the guidance of a supervising attorney. The type of tasks the students typically perform include interviewing clients, searching for the proper documentation, and drafting bankruptcy petitions. In some cases law students will get the chance to gain practical experience working for a law firm.

 

Chapter 7 bankruptcy is categorized as debt liquidation. It does away with all of the person’s debts the law permits to be dismissed. In chapter 7 bankruptcy a trustee collects the assets of the debtor, reduces them to cash, and then distributes them to the debtor’s creditors.

 

In most Chapter 7 bankruptcies there is little or no nonexempt property.  There will be no liquidation of the debtor’s assets. They are called “no asset cases.”

 

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When a bankruptcy attorney is hired they accept collection calls from creditors. The attorney then puts together a bankruptcy petition. When the petition is filed it creates a stay in regards to collection activity. The attorney prepares the debtor for a 341 meeting of the case’s creditors. In the case of chapter 7, a bankruptcy lawyer will negotiate a reaffirmation agreement on property the debtor wants to keep. Typically, debtors will want to keep their house and car, and continue to make payments by agreement.

 

Chapter 13 bankruptcy allows individuals with regular income to put together a repayment plan to creditors over a period of three to five years, A person can qualify for chapter 13 if their unsecured debts  are less than 383,175 dollars, or secured debts are less 1,149,525 dollars.

 

In the case of chapter 13 a bankruptcy attorney may appear in court on their client’s behalf. They file the necessary paperwork. There is a required confirmation hearing. The lawyer will also file motions on their client’s behalf as needed.