Three Factors The Court Will Examine In A Nursing Home Injury Case

When one of your loved ones is injured in a nursing home, then it is likely that you will consult an attorney to help you seek legal redress. If the case ends up in court, then there are several factors that the court will examine. Here are three examples:

Responsibility

Many people assume that a nursing home is always responsible for injuries that occur on their premises. According to Nolo, this is not always the case. For example, consider the case where a resident falls and breaks her wrist. It is possible that:

  • An outside contractor failed to maintain the floor properly.
  • Contracted cleaners did not put up warning signs such as “Slippery Floor.”
  • The resident tried to run, but fell due to her known case of weak bones.

Therefore, the court will not assume that the nursing home is responsible for the injury. In fact, there are even cases where responsibility is shared between several parties such as a resident, the nursing home and an outside contractor.

Standard of Care

Another factor the courts will zero in on is whether the nursing home in question provided the minimum standard of care as required by the state. Most states have minimum requirements that nursing homes must meet to acquire and maintain their licenses. For example, according to Nursing Home Alert, all nursing homes are required to:

  • Carry out accurate assessments of their residents’ abilities and capacities
  • Provide services to assist with daily living activities such as bathing
  • Provide assistive devices to help with hearing and vision

Consider an example of a nursing home failing to provide vision assistance (for example, in the form of lenses) to a partially blind resident. If the resident then harms himself as a result of his poor vision, then the nursing home is culpable for his injuries.

Causation

Finally, the court will also seek to find out what actually caused the injuries. This is necessary because many nursing home residents already have some degree of health conditions. The important question here is this: was the injury inevitable due to preexisting conditions, or was it caused by the nursing home’s negligence?

As you can imagine, many nursing homes will use the excuse of preexisting conditions to defend themselves against negligence. For example, if a resident fell and broke her hip bone in a nursing home, then the management may argue that the defendant fell because of her frailty and advanced age. It is your legal team’s duty to prove that the fall was occasioned by the slippery floor or the lack of railings on the porch, as the case may be.

You can see just how complicated nursing home injuries can get. For example, just because the nursing home provided the minimum standard of care doesn’t absolve it from all the blame when an injury occurs. It is essential that you don’t make any decisions on your own; instead, you should consult a personal injury attorney for any situation you might have.

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How Are “Move-Away” Custody Cases Handled?

Move-away child custody cases occur when one of the custodial parents wants to relocate with the couple’s child to a new geographic location.  One parent may be relocating due to a new job, remarriage or a return to a home country.  Even moving to a nearby city can disrupt the child’s regular routine and cause stress to all parties involved. 

If one parent’s move affects the other parent’s custody of the child, then a court hearing may be needed to determine what is best for the child.  Child custody lawyers and judges handle these cases very carefully.  

There are several factors the court will take into consideration when determining a new custody agreement.

How is the child’s time with each parent currently divided?

Courts will first look at the current custody order and see how much time the child is spending with each parent and how long that arrangement has been in place.  Connections to friends, extended family and school are then examined.  If the current custody agreement is relatively new, some states won’t allow any changes for at least two years.

How far is the parent moving?

Moves that are a few hours away by car are not scrutinized as closely as moves to distant states or out of the country. Courts have very strict guidelines for overseas moves.  Among the considerations are risks and dangers to the child in the foreign country, the child’s ability to adapt to a different culture and whether the Court’s decision will be respected in the child’s new country.

Why is the parent moving?

Some states don’t require an explanation from the parent who is relocating.  However, if a child custody lawyer presents evidence and the court believes that one parent is using the move to reduce or stop the other parent’s involvement with the child, they will take it into strong consideration and rule against any move.  

What is the child’s age?

Very small children may have a strong bond with both parents and not understand what is happening.  This lack of understanding may cause anxiety, especially as relates to a dramatically changed visitation schedule.

Older children may be given permission to testify as to which custodial terms they prefer.  In California, children over the age of 14 can testify in court, unless the Court determines that it is not in the child’s best interest.

How is the current relationship between the parents?

Finally, the Court will evaluate how well the parents get along.  Are they on speaking terms?  Have they discussed the move?  Most importantly, can they put their own interests aside and do what’s best for their child?

Child custody lawyers are seeing more move-away cases in today’s increasingly mobile world.  While these cases can be difficult, everyone working together to make sure the parent-child relationship remains loving and stable is by far the best strategy. Contact a law office like Knochel Law Offices, PC if you find yourself in a similar situation.

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Remodeling Your Office Building? Learn How To Prevent A Mechanic’s Lien

If you are about to embark on the journey of hiring a contractor to remodel your office building, you might be very excited, and only thinking about the finished product. However, a little underlying issue could arise after the job is finished if the contractor doesn’t pay the suppliers. That issue is called a mechanic’s lien, and if one is placed on your building, you will have a short amount of time to clear it up. This guide explains how a mechanic’s lien works, and how you can prevent it.

How a Mechanic’s Lien Works

When you pay a contractor for services, they hire the sub-contractors who will do the work, inspect the job they perform and then pay them. In a perfect world, this all goes down with no problem. But there are some situations where the contractor doesn’t pay the sub-contractors.

Whatever the reason for the sub-contractors not getting paid, those workers have the right, by law, to come after you for the money. Even if you gave your contractor every last dime owed, you’ll typically have only a few months to come up with what’s owed to the sub-contractor, or you may watch your office building go on the auction block.

Preventing a Mechanic’s Lien

As scary as this situation might sound, most contractors are honest and reputable. But if you feel uneasy about writing a check to someone in hopes that they will pay the workers, here are some things you can do to prevent a mechanic’s lien.

Prevention Tip #1: Write the checks out to both the contractor and the sub-contractors performing the work. This ensures that both signatures are required to cash the check, which makes the odds of the workers getting paid a lot greater.

Prevention Tip #2: Ask the contractor to obtain mechanic’s lien waivers from all the sub-contractors they use. This document will protect you should the unthinkable happen, and the workers don’t get paid.

Prevention Tip #3: Write the checks to the workers yourself. This is drastic and you’ll need to be around the work site more than what you hoped, but it will prevent any issue that might come along.

Consideration

Keep in mind that part of your contractor’s job is to ensure that the workers complete the job properly. Ultimately, it is their decision as to whether or not they did the job according to specifications and whether they earned their pay. Should a mechanic’s lien be placed on your property, the contractor will likely need to appear in court to tell the judge why they didn’t make the payment.

The law is typically on the side of the worker in these situations because you have the option of suing the contractor.

If you receive notification that a sub-contractor placed a mechanic’s lien on your property, call an attorney like Strauss Troy right away to learn what your rights are, and what you must do to clear it. Act as soon as possible to prevent the sale of your building to satisfy the lien. 

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Three Types Of Lawyers You May Wonder About

You hear about many different types of lawyers on television, radio, and billboards. Do you ever wonder, if they’re real lawyers, why do they have to advertise? Are they not reputable enough to not get clients without these dramatic ads? Majority of those lawyers are, in fact, very real lawyers who just happen to specialize in a field of law that the general population isn’t familiar with. The definition of what lawyers do can be so broad that no one lawyer can be a specialist in every field. Here are three types of lawyers that aren’t well-known in most parts of the country.

1. Personal Injury Lawyers: Personal injury lawyers primarily specialize in cases regarding accidents, physician misdiagnosis and malpractice, prescription side effects, and you guessed it, personal injuries. Many times cases involving personal injury lawyers involve lawsuits against insurance companies who represented a person at fault. Personal injury attorneys work for different fees than most lawyers—they only make money if there’s a settlement. Called a contingency fee, personal injury lawyers, such as Law Office of John Lozano, receive a percentage of the amount won in settlement.

This type of lawyer gets a bad rap because of their advertising methods. While some of their commercials may seem cheesy and over-the-top dramatic, some of their clients may not even know they have a case until they see the ad.

2. Entertainment Lawyers: You’ll occasionally read about an entertainment lawyer in a tabloid or celebrity magazine. For those of us from small towns where little goes on, we wonder if that’s a real kind of lawyer. While mostly seen in towns like New York City, Las Vegas, or Hollywood, entertainment lawyers are not only a real type of lawyer, but practice a field of law that is quite competitive and costly. Entertainment attorneys specialize in the legalities of entertainment contracts. They help entertainers understand contracts regarding management, royalties, and basically anything that has to deal with the entertainment world. Most of us will never require the assistance of an entertainment lawyer.

3. Intellectual Property Lawyers: This type of lawyer represents clients in cases that deal with protecting individual ideas. It almost seems silly, but there are many times that two people (or businesses) will claim to have the same idea that was stolen by the other. In these cases, intellectual property attorneys will step in and handle the issue with it sometimes going through litigation. This type of law involves copyrights, patents, and trademarks. If a company feels that their trademark was misused by an individual, they would employ the services of an intellectual property lawyer. That’s why if you ever have an exceptional idea, it’s important to get it patented so you have a leg to stand on if someone else ever comes up with the same idea.

The range of lawyers is vast. The next time you see something about a type of lawyer you’ve never heard about, read up on it. You never know when you may require the services of some of these specialty lawyers.

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Alternate Law Profession: Oil And Gas Attorney

For many law students, the prospect of finding a job in the exceedingly over-saturated legal job market has been a grim thought for many years now. Economic Modeling wrote an article about this very topic in the beginning of the year that indicated that back in 2012 there were roughly twice as many law graduate students as there were jobs available in the market at the time. That’s, of course, not counting any unemployed lawyers also looking for employment during that time. This has led many law graduates to pursuing alternative legal work and additional work on the side, much in the same way writers often freelance in addition to writing for their main publications. The amount of job opportunities a law graduate might consider extends beyond the scope of this article, instead this will focus on one: oil and gas title attorneys

Requirements

For many young professionals, they will start this lucrative career path as a landman. The formal requirements of a landman position are usually pretty lax in comparison to being a full fledged attorney. Most companies will require a bachelor’s degree and some experience in the field. If you don’t already meet these minimum requirements, then there are a few other ways to get your foot in the door. One way, like with many other positions, is to simply work your way up from an entry level position. Though most landman positions will require a bachelor’s degree, your experience can be gained working in the field while pursuing your degree. 

You might also try getting enrolled in some landman classes if you’ve already got the experience. Additionally, many accredited colleges have land management programs that can be completed while pursuing your bachelor’s degree. Finally, don’t be afraid to do some volunteer work as a last resort. This will help you make some great connections while also gaining valuable experience. 

Many gas and oil title attorney jobs specifically require you to have experience as a landman since the job responsibilities are functionally the same. Some companies might require you to have your doctorate, but at a minimum you should have successfully completed your state’s bar and be a licensed attorney before applying.

Basic Job Description

The underlying responsibilities of an oil and gas title attorney sounds simple on paper. The two biggest transactions you will be responsible for are:

  • Determining Ownership – This applies to many things, such as surface rights, royalty, minerals, and leases for properties that are under assessment. This task revolves around researching the history of the title. Examining the title is the first step in determining whether or not there will be any conflicts with the terms. 
  • Identifying Potential Conflicts – Being able to think ahead of the curve is what makes a title attorney successful. You want to make sure you’re prepared in the case of a claim, but ultimately you want to make sure one doesn’t occur to begin with. 
  • Consult in Agreements – This revolves around presenting the information you’ve accumulated to reach an agreement, as a producer, with a mineral owner. There are many types of agreements, and your task is to help define the terms of the agreement in a way that is beneficial to your company both monetarily and legally. 

The Future

Even though many companies are searching for alternative sources of energy, regular fossil fuels remain king. Currently, the USA sits at the top as the world’s largest oil producer and uses new technology, such as fracking, to keep the production of oil and gas rolling strong into the future. 

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