Posted on November 08, 2016 in Personal Injury

When it comes to road users, pedestrians are the most vulnerable in automobile crashes. Unable to move quickly and completely unprotected, pedestrians are also at higher risk for injury.

The types of injuries pedestrians experience typically depend upon the speed of the driver, age of the victim, and other factors. However, one recent study determined that pedestrians are most at risk for fracture, fatality, and head injuries. What does this mean for victims and their families? The following explains.

Serious Injuries Often Experienced by Pedestrians

The recent study examined the injury patterns of pedestrians in automobile accidents. Lower extremities (knees, legs, etc.) were injured in half of all the victims while 38 percent suffered an injury to the face, neck, or head. A total of 27 percent of victims sustained injuries to their upper extremities. It should also be noted that many victims suffered more than one of these injuries. More specifically, fractures, head injury, and fatality were the most frequently experienced diagnosis among pedestrians. Men were also more likely to suffer from serious injuries to their internal organs while women were more likely to experience injuries to the pelvis and upper extremities.

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 Posted on November 08, 2016 in Immigration

Our world is more interconnected than it ever used to be, and as such, people are forming relationships far outside their usual sphere. If you are one of these people, you may want to bring a spouse or fiancé to live with you in the United States. There is a visa process by which you are able to do so without having to spend months or years apart.

The K Visa Process

If you marry your fiancé(e) outside the United States, you do not need to file for a K-visa; you would simply complete an I-130, Petition for Alien Relative, as spouses fall under this category for processing purposes. However, if you plan to marry once in the country, you would have to apply for a K visa for your fiancé(e)—he or she does not apply, but merely contributes any relevant documents to your application on his or her behalf.

Your application is completed on the form I-129F, Petition for Alien Fiancé(e), and you must be able to show four specific criteria before the petition may be granted. These include (1) proof of your U.S. citizenship; (2) proof that you and your fiancé(e) are both free to marry (not still married, in other words); (3) you intend to marry within 90 days of your fiancé(e)’s entry to the United States; and (4) you have met face-to-face at least once within two years of filing your petition. (There are waivers available for this requirement if you are part of a religion where this would be contrary to custom, or if meeting would constitute extreme hardship to you and you can prove this.)

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 Posted on November 01, 2016 in Personal Injury

Property owners have a legal responsibility to keep their premises safe and free from hazards. Many factors can contribute to a certain condition posing a threat to a pedestrian, and it is therefore up to the owner to make regular sweeps of the property to prevent injuries from occurring.

Slips and falls account for over 1 million emergency room visits. In the event that someone is injured, a property owner could face a personal injury lawsuit and be held liable for the injured party’s injuries, pain and suffering, and lost wages if the injured party is unable to work.

The Top 5 Reasons Slips and Falls Occur

There are several reasons why someone may slip and fall. However, the top five reasons are somewhat obvious. Unfortunately, safety often takes a backseat to business and profits. The top five reasons why slips and falls occur include the following:

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 Posted on November 01, 2016 in Immigration

Many people speak casually of getting a “family-based green card” or a “family visa” to the United States. However, not everyone understands what that actually entails. In order to obtain lawful permanent resident status due to family ties, you cannot simply say you are related to a U.S. citizen and receive your visa; you must also meet several other requirements designed to show that you are not a danger and you can support yourself, or you have someone to support you. The process can become complex.

Who is Eligible?

Most people are aware that spouses, parents, and unmarried children of citizens are eligible (if all the other criteria are met) to receive family-based permanent resident status. However, there are actually several categories whose members may be eligible if a petition is completed. There is no distinction between any of these; if the person is not inadmissible, and he or she is able to show the correct affidavit of support and other documents, then he or she may receive permanent resident status as long as the petition is in order.

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 Posted on October 25, 2016 in Family Law

Not every couple who separates does so in the same way. Economic situations, family situations, and personal preferences all come into play. For those that maybe cannot financially afford to separate in the traditional way, have children and do not want to be away from them, or want to try and use separation to repair their marriage, an in-house separation might serve better than an out-of-house one. What is this type of separation, exactly, and how can you make it work? The following provides some tips.

What is an In-House Separation?

At its core, in-house separation is pretty much what it sounds like: a couple “separates” while still living in the same home. Some have one living in the bedroom and the other in the attic. Others simply section off a part of the house. The point is that you each have your own space that is separate from one another. Of course, because you are still in the same home, there are many ways for this type of separation to go awry. Further, it can be a little confusing to children, if you have them. As such, it is important to have some strategies for making it work.

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 Posted on October 24, 2016 in Immigration

When a person decides to become a naturalized U.S. citizen, he or she must meet a number of requirements in order to be considered. Two of these requirements are that the person must have maintained continuous residence in the United States for either three or 5 years (depending on the situation), and he or she must have been physically present for a certain amount of time as well. This can be extremely confusing for many applicants—two concepts are similar, but not necessarily related. It is very important to have an accurate understanding of these ideas before sending in naturalization paperwork.

Physical Presence

While physical presence may seem fairly self-explanatory, in reality it can become quite complex. There are a multitude of technicalities that may render presence unlawful or otherwise unable to be counted. Additionally, even after factoring these possibilities, what many people miss is that they must be able to show they were physically present in the United States for at least half of the five-year statutory period before applying for naturalization. It is not uncommon, for example, for applicants to see that they must be able to show that they have been physically present for 30 months, without reading that the 30 months must be within that five-year (60 month) period.

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 Posted on October 24, 2016 in Personal Injury

Each year, approximately 4,000 people are killed in trucking accidents and another 100,000 are injured. That is approximately 11 deaths and 284 injuries per day. The only thing more concerning is how the numbers are rising, causing more and more deaths and injuries, each and every year. Yet there has not been a national outcry, and very few people are even discussing what is really happening here. It is time for that to change. If you or someone you love has been injured or killed in a trucking accident, learn how you can fight back and maybe even help make the roads safer for others.

Cost of Doing Business? We Think Not

Safety advocates have been pushing for tighter regulations for some time now, but trucking companies have been bucking them every step of the way. True, it is an industry where turnover rates are high. The pay is not great, especially when you consider the hours and extended tie away from family. Yet none of this really serves as an excuse for poor regulation, for keeping drivers behind the wheel that have racked up multiple infractions, or for trying to go around the system when the company itself is shut down for violations. The accidents are not the cost of doing business; they are the result of a too-loose system for an industry capable of doing tremendous damage.

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 Posted on October 18, 2016 in Family Law

While it has been said that “money is the root of all evil,” there is really nothing wrong with wanting or needing financial stability. In fact, in this day and age, financial stability is absolutely crucial when it comes to protecting your overall health and wellness. So how do you ensure you get your fair share in high asset divorce? The following explains further.

A Battlefield or a Place of Compromise?

Sadly, the fight over money in divorce can (and sometimes does) turn court into a battlefield. Couples who once loved each other wage war and sometimes even engage in sneaky and underhanded tactics in order to keep their fair share. In these situations, it is critical that you have a legal representative who is willing to protect your rights – preferably one who is also experienced in handling high asset divorces and high conflict litigation proceedings. Yet this is not always a requirement. In fact, if you instinctively pursue the kind of attorney that starts out swinging, you could turn what might have been an amicable divorce into a highly contentious one. As such, it is important that you also seek an attorney who knows how to protect your interests in peaceable negotiations.

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 Posted on October 18, 2016 in Personal Injury

Although dogs are seen as four-legged, happy companions to millions of families around the country, the beloved Fido can also be a feared enemy.

Dog bites occur every 75 seconds in the United States. Each day, over 1,000 citizens require emergency medical care to treat these injuries. Moreover, children are often the ones who suffer the most horrific injuries from dog attacks, including mauling which tears at the skin and can disfigure a little body for life. The emotional scarring runs deep and can involve lasting effects.

Fear and Apprehension

When bitten by a dog, both physical injury and mental anguish or emotional distress may occur. Therefore, it is possible for other manifestations to result and include the following:

• A fear of dogs in general;
• Stress and anxiety when thinking back to the event;
• Nightmares and/or insomnia;

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 Posted on October 18, 2016 in Immigration

United States immigration law is an extremely diverse and complex body of regulations that changes without warning. It is understandable that some visa or green card applicants might conceivably be left without options if their circumstances abruptly change. To help those that might be caught in this kind of situation, Congress passed the Legal Immigration Family Equity Act (LIFE Act) in 2000. While it may not fit the facts of your situation, it is worth investigating to see if it might.

Passage & Criteria

The LIFE Act was signed into law in December 2000, and its provisions allow some who might normally be ineligible to apply for a green card (referred to in official documents as lawful permanent resident or LPR status) to do so if the appropriate petition or labor certification has been filed for them before April 30, 2001. While this may seem outdated or irrelevant, in reality it still has quite a bit of relevance for potential immigrants from specific countries. For example, the priority date (the number that must come up before your visa may be granted) for certain categories of immigrants from India or Mexico is still listed as being in the 1990s—in other words, the queue to obtain a U.S. visa or green card is more than 20 years long.

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