Monday, June 11, 2012

Family Law - Paternity Testing


Determining the paternity of a child falls under the category of family law. On one side of the situation, a woman is asking the courts to determine whether or not a man is the father of her child. On the other hand, a father could be looking to establish his paternity and gain rights for visitation and in some cases, custody. These actions can be contested or non-contested.

Contested Paternity:
There are two different types of contested paternity cases under family law. A private action involves a mother seeking out child support payments or attempting to create a relationship between the child and the potential father. The mother and the potential father will each have their own attorney to make that their rights are protected. The state can also bring up a case to determine the paternity of a child that is going to be receiving some type of aid from the state.

In both cases, the man has the option to contest the paternity test. In the same way, if a man is bringing a case against a woman to allow him access or visitation of a child that he believes is his, the woman can contest the paternity test and refuse to name the man as the father.

Non-Contested Paternity:
In some cases, both people want to know that a man is the biological father or a child. Once paternity is established, the man gains not only the rights that come along with being the father under family law, but also the responsibility including financial support. Typically these proceedings take less time, as both people want to know whom the father is.

A paternity test is often administered by using a swab on the side of the potential father's mouth. This person is often referred to as the putative father. (It means that the man is "generally regarded" as the child's father.) The lab that handles the test must have an American Association of Blood Bank accreditation.

Once paternity is established, family law lists out some of the parameters of the relationship. However, people still spend time working out the details and deciding how the relationship will continue. In some cases, the two parties can work things out, create a cordial relationship and share custody and financial responsibility of the child. On the other hand, once paternity is determined, often people continue to settle the matters in court, looking to draw out the boundaries of the relationship.

If you are going to be involved in a case that deals with family law and paternity, it is important to find an attorney with knowledge and experience in these types of situations. Even if you are a potential father that plans to comply with the request, it is worth having a lawyer on your side.

A Personal Injury Lawyer Can Answer Your Concerns


One of the best things a personal injury lawyer can do for you is to answer your questions. Most people do not seek out a lawsuit unless they feel as though they have been wronged in some way. It is not always possible to know if someone is responsible for the situation in which you are involved, however. If you are unsure of what to do, or whether or not you even have a case to begin with, make an appointment to discuss your situation with an attorney. In doing so, you will quickly find out if you can do anything to overcome the situation in a court of law. Many people can.

Do You Have a Case?

The first thing you need to learn from a personal injury lawyer is whether or not you have a case. To do this, the attorney will schedule a time to talk to you about your situation. He or she will then want to hear about what happened and, based on what you tell them, they can then tell you if you may have a case. This is also a good time to talk to the lawyers about the likely charges for their services. This way, you can determine if this is the right move for you to take. Keep in mind that it will take additional steps to find out if there is anything for which they can go after the other party, based on the information available and the evidence to back up any claim. Still, you can ultimately learn whether you may have a case or not.

What Will You Need to Do?

The next thing you can find out from these attorneys is what your options are for taking steps to get compensation or help. The goal here will be to determine what proof or other information must be obtained to file a case. The attorneys will work with you to tell you what to expect during the process, including how long it can take to process something like this. If insurance companies are involved, the legal professionals will help you to learn how to navigate that process as well.

Will You Get Help?

Finally, you can learn if you are likely to receive compensation. In addition, you may learn how much compensation you will get if your case is successful.

A personal injury lawyer will work with you to help you get the compensation you deserve if there is any indication that someone was negligent in his or her abilities or services. It is not always possible to move forward successfully with every situation, but there are many scenarios in which you can get the help you need and deserve to have if someone's actions or inactions caused you to suffer.

What to Know About Process Serving


The serving of legal documents is an important aspect of the legal process. Whilst in many circumstances delivery via the post or hand is fine, in some cases it may be necessary to hire a private process serving firm. This is often the need when a situation has become volatile. In other cases the party in question may be avoiding receipt as a delaying tactic.

An experienced private process serving firm will have the resources and knowledge to properly and quickly serve the papers in question. These firms have "seen it all" as it were, and are familiar with the tactics people use to avoid being served. Hiring a personal service will make quick work of the job so that the proceedings can move along quickly. No need to perpetually stretch things out.

When considering a private serving firm, there are a number of things to consider. As most people do not have to deal with this situation regularly, it is important to understand the factors that go into making the right choice of firm. Here are some of the common considerations and things to understand before hiring a document serving firm.

Experience is the number one criteria. With the Internet now as a major means of finding firms and organizations, it is important to do one's due diligence. Almost anyone can put up a decent looking website. Carefully review the firm's experience and time in business. Whilst there is nothing inherently wrong with using a new firm it is important to determine the background and experience of the personnel.

Also check the cities and regions that the firm covers. One should consider this in respect to where the documents shall be served. If the party to be served is in a different location or is frequently out of the area be sure the firm has suitable resources.

Once you have established a short list of potential firms it is time to make inquiries. Contact each firm and relay the situation and any other relevant facts. This initial contact may be via email or telephone, but in any case the firm should set up a real-time discussion to get all the details.

When discussing specifics one of the first questions should be regarding fees. Do not feel awkward about this - just like any other service firm, it is important for you to know the structure of charges and what is involved. Mostly they will charge a fixed fee based on a standard set of services and attempts. If the situation is more complex and involves travel, this fee structure should be discussed as well.

The other thing to enquire about is the confirmation of document serving. This is typically a sworn affidavit from the server or a certificate of service from the firm. This is important as the document has to be valid to be used in legal proceedings.

Lastly, one should discuss the experience of the firm. If you have a list of questions, make sure they are all answered and you feel comfortable with the personnel and potential tactics. All firms must serve in accordance with Civil Procedure Rule (CPRs). Any deviation from these procedures could invalidate the serving, leading to problems in court or proceedings.

Hiring a process server doesn't have to be a laborious task, but it is important to use an experienced and reputable firm. Doing your own due diligence is important so that things go smoothly and the proper proof of service is acquired.

The Facts About Process Serving Firms


There may come a time where it is necessary to seek a private process serving firm to deliver important legal documents. In most cases serving papers is a straightforward process and can be accomplished through the post or via messenger. In some cases however the person being served may attempt to avoid being served, slowing down the legal process and delaying actions and judgments. It is at this time an experienced process serving organization can be invaluable.

Private processing firms have the experience and knowledge of tactics that help them effectively serve those who seek to avoid the action. Whilst we may have seen comical situations on TV where people are tricked into accepting documents, serving documents to someone who is actively evading the process is best left to professionals. Involving an experienced firm will get the deed done quickly and efficiently so the legal process can continue.

Finding the right firm for one's particular situation is not difficult, but it does require some forethought and effort. Like hiring any other services firm, it is important to understand the process as well as do some research to ensure the right company is chosen. Some of the key considerations are as follows.

If faced with the situation where someone is actively avoiding being served, it is imperative one chooses a firm with experience. The Internet is a great resource for finding potential firms, however one must be careful. One must be sure to look beyond the simple gloss of a good looking website to determine the firm's suitability.

Check carefully the years the company has been in operation and if available, find out about the experience of the principals and key associates at the firm. If you anticipate the need to serve out of the local area, make sure the firm has resources and covers the region(s) in question. This is something to discuss in more detail later on in the process.

Next, contact each firm. One can call or many firms encourage contact via email or their websites contact page. In either case a personal meeting, either in person or phone will be required to relay details. Be prepared to provide information on the type of documents, an overview of the situation and the outcomes of previous serving attempts.

Be sure to discuss fees early in the process. You'll find the majority charge a fixed rate. This is based on an industry standard of a certain amount of attempts at serving, the processing of documents and the cost of providing the confirmation paperwork. If the situation is more complex other fees may be in play.

Also find out what type of confirmation the firm provides. This is an important part of the service as it verifies the legal documents have been served and in a proper manner. This is used to counter any claims the recipient may have about not receiving, or improperly receiving documents, which could further delay the process.

The associate should be able to explain their process, tactics and experience. There are specific rules regarding serving legal documents set forth in Civil Procedure Rule. If the firm does not adhere to these procedures the serving and certificate can be called into question.

Based on one's inquiry the best firm for the job can be chosen. Choosing a private process server can be done quickly, but it is imperative it is done right. Endeavour to hire a reputable firm with the proper experience and personnel to do the job.

What to Know About Hiring a Private Investigating Firm


If there is a personal or business matter that needs to be discreetly investigated, a private investigative firm could be the right choice. But it is imperative the right firm or individual be chosen. Not only can a poor choice waste time and money, but it can jeopardize the situation if future work is undertaken. Unfortunately the UK does not require any specific training, qualification or licensing for individuals who provide investigation services. One must do their own investigation to find an experienced and reputable resource.

An online search for "private investigations London" provides a staggering number of entries. It is not easy to tell if the firm simply has a good web designer or the real goods to carry out an investigation. It is useful to have some criteria to use for wading through the entries and finding the best possible resource for one's job.

One of the first things to check is the experience of the agency or individual. This should be referenced on the website and if not, one should be wary about including the firm on one's short list for consideration. It is also worthwhile checking if the firm is a member of any of the larger investigation associations like the ABI or WAPI. The ABI (Association of British Investigators) and WAPI (World Association of Private Investigators) are reputable bodies that regulate and monitor their member's work and practices. To be admitted an agency must provide background on experience, training and procedures. Whilst these associations do protect the integrity of the industry and so membership is a good indication of reputation. One can also use the association's website as a resource for finding firms and checking on their Code of Ethics.

Another online resource that is helpful is ratings and feedback forums. Just about every product and services category has a forum where businesses or individuals can relay experience with various firms. Take the time to read through entries to see if any of the agencies you are considering pops up. It may confirm (positively or negatively) your decision to include them further in your search.

After this initial research you'll need to make contact with each agency to discuss specifics and further research the firm's suitability for your needs. This is an important conversation, so be sure to take notes and be prepared. Find out how long the agency has been in business and the experience, training and education of the associates. A firm that has not been in business for decades is not necessarily reason to disqualify them, but the personnel should have the right training and experience.

During this conversation one should provide a brief overview of their needs. At this point too much detail is not needed - just enough so the agency can provide relevant information on their experience and approach to similar situations. With the basic facts of the case the agency should be able to broadly explain their methods, tactics and technology applications to get the job done.

During this initial discussion one should also find out about fee structure. An hourly rate is the standard, but in some cases like performing a background check, a fixed charge could be applied. Also inquire about how expenses, such as travel, meals or other resources, are billed. A private investigation can be quite expensive so it is important to understand all the possible charges and fees in advance.

It does take some work to find the right private investigator, but the effort will be well worth it. If one is going to the expense to hire a firm, be sure they can do the job correctly.

Why Health Care Companies Are in Need of Health Care Law Firms


There are several reasons why health care companies utilize health care law firms. Due to the nature of the industry, agencies must secure legal representation to defend against certain claims and lawsuits. This can be in the form of class action suits, along with individual and even corporate claims. These specialized lawyers represent the providers in these cases. They also represent health professionals and organizations in regulatory and business matters. The latter helps ensure that all companies strictly comply with industry regulations and rules. In the event a particular product, service, or company offering is challenged, an attorney must step in to protect his or her clients.

At times, medical companies may even face investigations by governing bodies and law enforcement. While state and federal regulatory agencies are always present, these companies cannot rely on these bodies to come to their rescue. This is especially true if a particular provider has unknowingly overstepped certain boundaries. Even for companies that have intentionally committed a questionable act; they still have access to timely and effective legal representation services. These law firms also assist agencies involved in medical malpractice suits. This includes nursing facilities, and especially home care and hospice providers.

When an elderly family member is under hospice care, emotions are running at an all-time high. There are times when family members accuse the nurses of foul play, especially when the family member passes away. While their grief and anger is understandable, families that file lawsuits against caretakers is very common in the industry. As a result, home care and nursing agencies reach out to these law firms to protect their rights. This helps counter lawsuits from families and individuals, while ensuring the integrity of the company in question. The health care industry is incredibly intricate and complicated. To effectively preserve the company's rights, legal representation is essential to tackle all legalities and compliances.

Whether you need hospital or Medicare lawyers, health care law firms are always available to assist you. These specialized firms also stay abreast on all the latest health related laws, which help protect health care companies and their cases. These highly dedicated and skilled attorneys can also prevent costly legal problems before they impact client businesses. These firms simply possess years of extensive industry experience, and know how to neutralize threats within time and budget. They are also trained in crisis response, which may include customer lawsuits, threats, or industry investigations. Without proper legal representation and defense, health care companies would face a litany of charges and fines. This, however, is if they were found guilty of wrongdoing in a court of law. Still, why take a chance when proper legal representatives are available to defend your company's rights?

Estate Planning Lawyer


Estate Planning Lawyers are those who assist others in creating the last will. Not only that, the estate planning lawyers also help to establish a trust in the event of death of an individual by protecting the assets of inheritance. When you are preparing a will, it is really important and necessary to take help from a probate law attorney as they will listen to your needs and preferences and will provide you with helpful advices so that you can develop strategies which will help you in estate planning accordingly and will benefit the selected beneficiaries.

An estate planning lawyer can assist those who need to create a will. For example, if you have an ailing parent or a relative, you can take help from the estate planning attorneys. Even though your family might not be super wealthy and might not have a mansion, the attorneys can help you and the individual making the will in so many ways. They can help an individual by looking at all kinds of assets you have, your house, your auto mobiles, your financial portfolios, life insurance policies and so forth. According to the wish of the individual taking the service, the attorney can help the individual to disinherit one of the heirs by taking all kinds of strategies so that the certain asset or assets cannot be passed on to that certain person. Also, when individuals are mentioned in a will to inherit the assets, the attorneys work their best so that the mentioned individuals get what they have inherited through the will without much problem. However, when you are taking help from estate planning lawyers, make sure that you talk with them about everything. It is often seen then when the will creator passes away, chaos is born due to all the misunderstandings and stuffs. Therefore you should take precautionary steps even before the will is created and convey every detail to the lawyer and discuss about it thoroughly.

When the planning of estate is done in final stages, it should be initiated when the individual is in good health or the disinherited individuals might contest for their share of inheritance. If you really want to make sure that your final wishes are followed through and through, take help from lawyers who are well adept in planning of estates. It is because they will help you to ensure that your final wishes about who will inherit what will be followed as your wish when you pass away.

They can help you create your will without any mistake. Precision has to be maintained as one missing initial, name or a word that has been misconstrued can change the complete document of the inheritance of your estate. As the laws maintaining the passing of assets and estates are technical, you will have to take help from the lawyers who specialize in planning of estates. Be sure to check what you state requires as these laws vary from one state to another. One minuscule mistake can make the documents that you have created to be void and null and therefore you have to make thorough arrangements with your estate lawyer to make sure that everything is right.

Tire Blowouts


Blame shifting may be the easy way out when it comes to an accident. One person always wants to blame the next guy for not fixing the problem, and so the story goes. The truth is, if everyone takes proper responsibility instead of shifting the burden onto someone else, many accidents could be avoided. Tire blowouts are one of the most common causes of truck accidents, and they are also one of the easiest to prevent. Everyone in the trucking industry plays a role in preventing these types of accidents. There are part manufacturers, maintenance workers and the drivers themselves.

One cause of tire blowouts is defective tires. The obvious way to prevent this kind of fault is to go to the source. Product manufacturers, especially of a part as essential to safety as vehicle tires, are responsible for assembling quality tires that meet all national highway standards. Even when product manufacturers produce good quality tires, the next tier of responsibility lies with the tire sellers. When tires sit in warehouses for extended periods of time, they become more brittle and prone to breaking. This is why accurate labeling of tires is so important.

Tire blowouts can also be caused by improper maintenance. Commercial trucks must undergo maintenance frequently so that any defects can be detected. Maintenance must not only be frequent, but it most also be thorough. Truck drivers are also responsible for checking their tires. If they notice that their tires are faulty, they must take the necessary steps to repair them before continuing to drive. When trucks have to stop at scales they may be ticketed if their tires are defective or underinflated. Trucks run the risk of being involved in serious collisions such as jackknife accidents when they travel for extended periods of time on underinflated tires.

One way that the trucking industry started repairing their tires on a budget was retreading. Retreading is simply making repairs to an already worn out tire. The old tread of the tire is smoothed away and a new rubber casing is applied to it. Obviously, this is not as safe as replacing a tire completely with a new one. If you were injured in a truck accident, it may have been because of faulty tires that caused a blowout. Even though trucks have many tires, it only takes one blowout to cause the entire truck to jackknife or rollover. A truck accident investigation will show accurately what the cause was.

Arnold & Itkin is a personal injury firm that focuses on defending the rights of those who have become injured in truck accidents. If you were injured in a truck accident and an investigation points to tire blowout as the cause, you can file a claim against the trucking company with the help of this firm. Visit the firm's website for more information on how they can help you get compensation.

The Roles of a Social Security Lawyer


It might seem unnecessary to most people to hire a social security lawyer because they believe that everyone gets their fair share amount when they retire. However, the truth hurts and it is ugly. Only a very small part is covered by social funds. The hard ones to get are the unemployment benefit, disability claim and the temporary assistance as they are fall under the social security policy and thus it makes it harder to obtain. There are stories of people fighting in the courts for their right and in most cases they lose the battle as they do not prepare for this from the very start. This is where the social security lawyers come in the picture. They help their clients to get what is rightfully theirs and help them ti lead a comfortable life.

To many, winning a social security disability claim looks as easy as pie. However, it is not as easy as it seems. It is not easy as you do not only need a physician?s note and win a case by presenting it to the judge in the court. There are people who have battled for their social security disability claim in the court for years and they have lost the cases as they did not have a lawyer. A social security lawyer can help a client build a strong case. Not only that, they can aid their clients in getting evidence and approval from specialized and qualified professionals. To normal people like you and me, the process is complex and confusing. If your social security disability claim gets denied, the lawyer can help you get an appeal and get your claim from other government program as well.

Not all of us have the privilege of leading a comfortable life. For those who have financial problems and lead under the poverty line, these social lawyers can help you to get government aid in temporary basis. However, these funds come for short time but can help those families who really are in need of financial aid and are struggling to make the ends meet. This means a lot to the struggling families as it might save them from having to live in the streets. The lawyers help the family to collect enough evidence to get the temporary aids from different government programs. They also help people in getting unemployment benefits. These expert and skilled lawyers will help you to win your case with their skill and experience. They will help to ensure you that you are not going to end up being homeless and having no medical care. Apart from the aforementioned roles, these lawyers also help the survivors to get death benefit claims, due salaries from employers according to the situation. They also help minors get their claims and benefits. It is because these lawyers believe in good. They believe that everyone should get what they deserve and therefore they try to help the people in need through their profession. This is why if you are in need of their help, do not hesitate or feel shy to ask for their help as they will help you with all the power that they have.

The Relevance of Pre Pack Administration


The whole issue of pre pack administration is drawn from the intention of the company's top management to salvage the company from collapse. The company can be struggling with business liabilities and manage to rise on its feet and start moving again if the process of pre pack can be undertaken accordingly. This is where the company directors opt to form another company as a new separate entity. The old company transfers all its useful assets to the new company as a way of disposing them. When this process is completed, the directors file the notice of dissolution. Through this way, the company is wound up.

There are several reasons why the option of pre pack is taken. These includes the fact that the company is strained by business debts that it cannot meet. In this case, the business is faced with serious threat of collapsing. This is as a way of giving the business the new beginning and the new face in terms of liquidity. All the assets are acquired by the new company while the liability remains with the old company. This gives the new company the strength to operate in the market without hassle from previous creditors.

Pre pack administration can be conducted if the directors can prove the following conditions. The company must be under threat of being wound up by way of notice, the bailiff must have issued the notice of auctioning the properties of the company in question due to huge debts, the landlord of the premise must issued the warning of interrupting the business due to unpaid bills, the three quarter majority of the shareholder must have consented on liquidation, appointment of an administrator by the debenture holder and the company must be time barred. These conditions should be fulfilled to facilitate the administration of pre pack process.

Pre packing is the process which requires to be done in sequential manner. When the company meets the above conditions and directors are convinced that this is the only option, they may start by forming the new entity. The administrator is appointed after the new limited company is fully registered. The process of disposing the assets of the old company to the new entity begins. The administrator then calls for the meeting of all creditors to inform them about the disposal. The administrator introduces the agenda of winding up the company and proceeds of transaction are shared among them.

The law requires that the directors of the old company to pay all taxes to the customs authority to become the directors of the new company. Also, the administrator must be qualified and licensed insolvency practitioner. The transfer of assets from the old company to the new one is done through legal sales agreements which are drawn by the administrator. The liquidation of the old company takes effect upon the consent of the creditors.

Pre pack administration has a number of merits. The company is able to retain its workforce, suppliers and customers. This makes the company to sustain itself in the market. This is far much better even to the country's economy than the business collapsing and workers losing their employment.