Conservatorships for Motorcycle Accident Victims

Posted by Adam R. Leighton on Nov 15, 2018 in Uncategorized | Comments Off on Conservatorships for Motorcycle Accident Victims Experienced Attorney Motorcycle accident victims and their families may experience devastating, life changing results. The repercussions of a serious accident can lead to a variety of outcomes. For the victim, the accident may result in incapacitation. They may, as a result, obtain a significant personal injury settlement if the person who caused the accident is found liable. As a result, family may have concern over the victim’s ability to care for themselves. Some may look to consider a conservatorship as a way of safeguarding assets and protecting the accident victim. Motorcycle Accidents Some survivors of motorcycle accidents may be able to walk away after sustaining minor injuries. However, motorcycle accidents can be deadly, for those lucky enough to survive one, the injuries sustained could be lifelong. Unfortunately, there are a number of reasons a motorcycle accident can result in more serious injuries: Motorcyclists take up less space on the road, a driver may have greater difficulty seeing them Motorcycles offer very little safeguards. If they have been in a collision there is no car surrounding them to offer protection. As a result, the motorcyclist may be hit directly by the car or thrown from the bike. Poor driving conditions such as road construction or bad weather can cause a victim to lose control of their motorcycle.   Sadly, motorcyclists may experience incapacitation from the accident they have suffered. Pursuing a conservatorship may be in the best interest of an adult who is unable to sustain their own care. Benefits of Conservatorship It’s not uncommon to consider a conservatorship for a motorcycle accident victim who has been incapacitated due to the injuries that were sustained. A conservatorship is a court driven process that appoints a person to manage an adult who is unable to do so themselves. This may be an especially viable option if the person in the accident sustained a substantial personal injury settlement from the motorcycle accident. An accident victim may not be able to do anything to manage these funds if they are in a coma and unable to care for themselves in any way. Other situations may include a victim who has a serious injury that impacts their cognitive functioning so severely that they are unable to care for themselves or make financial decisions on their own. A conservatorship can: Provide court oversight, offering an additional layer of protection Give peace of mind to all...
read more

How an Attorney Can Help: Wage Garnishment

Posted by Adam R. Leighton on Nov 15, 2018 in Uncategorized | Comments Off on How an Attorney Can Help: Wage Garnishment Experienced Attorney Wage garnishment can have a huge impact on a person’s life. Taking away a chunk of someone’s earnings can be the difference between whether they are able to pay for a roof over their head, groceries or afford medical care. An attorney understands that seizure of your money from paychecks or other means, can be detrimental to your finances. If you are struggling due to wage garnishment, please contact a law firm so we can help protect your earnings and rights. How Wage Garnishment Starts In order for wage garnishment to happen, a creditor, agency or other party must file a request to the courts to approve the forced collection. When approved, the garnishment may occur within 5-30 days afterwards. Then, the individual receives notice via mail about the upcoming garnishment. As soon as you get this notice, it is crucial that you consult with an attorney promptly. Depending on your situation, we may be able to halt or lessen the wage garnishment. Protecting Your Rights If stopping the wage garnishment is not possible, then we will do what we can to protect your rights. For example, do let us know if you did not receive notice of the wage garnishment in the first place, or feel like the amount being taken is way more than necessary. We can see that the amount being garnished does not break any state laws, as there may be regulations for how much can be taken out at once. Employer Responsibility Once your employer is informed about the wage garnishment, they must abide by these court orders. It can be embarrassing for the employee to have their boss find out about such a delicate financial matter. An employee may even secretly worry about losing his or her job. If you have only one wage garnishment impacting your paychecks, you may be protected legally from being let go. However, if you accumulate more than that, you may not be as protected. An attorney can talk with you further about this, in case you are worried about your employer’s response. Wage and Non Wage Garnishment There are a couple types of garnishment, that includes both wage and non wages. Wage garnishment happens when a portion of the worker’s paycheck is withheld due to a court order, in which the employer cannot refuse. Non wage garnishment is when a person’s income is seized through...
read more

FAQs: Sexual Harassment in the Workplace

Posted by Adam R. Leighton on Nov 14, 2018 in Uncategorized | Comments Off on FAQs: Sexual Harassment in the Workplace Unwanted sexual advances and comments are something no one should ever have to deal with, especially in the workplace, but sexual harassment, as a lawyer can tell you, is all too often an unfortunate reality. If you’re coping with the effects of someone else’s unprofessional conduct, please don’t hesitate to consult with a legal professional before reporting what you’ve experienced. Criminal Defense attorneys work with clients to seek justice for them after they’ve experienced sexual harassment in the workplace, and can help you, too. Before calling us for your initial consultation, be sure to read through the following frequently asked questions we often receive from first-time clients. Sexual Harassment in the Workplace: Client FAQs Can an employer retaliate against someone who reports sexual harassment? No; your lawyer will tell you that federal law makes it unlawful for anyone to retaliate against a person who reports sexual harassment, whether it is the victim or another individual. If you were the victim of sexual harassment, know that you are legally protected from retaliation; if you appear as a witness in a coworker’s sexual harassment lawsuit, you are also protected. Is asking a coworker for a date considered sexual harassment? Not necessarily, but you should be aware of your workplace’s policies surrounding such behavior, particularly while at work. That said, if someone has asked you for a date and you’ve expressed disinterest, his or her repeated attempts could possibly constitute harassment, depending on how frequent and pervasive they are, and how the requests made you feel. Such behavior, if part of a larger series of actions, could also be something you add to your sexual harassment lawsuit. Be sure to ask your lawyer about its inclusion. How should an employer proceed with a sexual harassment complaint? Investigating and correcting are the steps your employer should take if you have filed a complaint of or reported sexual harassment. The investigation should be immediate, impartial, and thorough; your harasser should not have any control of the process. Rather, he or she should be one of the individuals interviewed, as should you or the person who reported the harassment, as well as other witnesses to the behavior. Your employer should also take steps to make sure the harassment does not go on, such as separation or other disciplinary measures, as well as seeking to prevent retaliation. Working with an attorney is a good way to...
read more