It’s critical that every motorcyclist knows what to do should they ever get into an injurious accident. Motorcyclists can be at an advantage with their maneuverability on the road. Unfortunately, they’re most definitely at a disadvantage if they’re involved in an accident. Motorcyclists have much less protection on the road than those operating cars or buses. Unfortunately, the New York State No-Fault law does not apply to operators or passengers of a motorcycle. Therefore, you’ll have to rely on your own private health insurance to cover any medical expenses or lost wages proceeding an accident-related injury, whether you believe you have a claim or not. If you are a motorcyclist and are involved in an accident at no fault of your own, take these steps to ensure you do have a claim against the at-fault driver: Your first concern should be your physical health. If anyone needs medical attention, seek it right away. Call an ambulance immediately for transport to a hospital. Call your own insurance company. Report the incident. If you believe you have a claim against the other driver, contact a motorcycle accident attorney who practices law in the area where your accident took place.
Viewpoint
Terrance Gwiriri
lawyer
2020-05-07 10:39:13
A signatory is a person (or sometimes an organization), who signs an agreement or contract. If an organization is a signatory, a representative signs their name on behalf of the organization. Signatories must be the age of majority and involved in the execution of a document. For instance, if you and your partner create and sign a Prenuptial Agreement, you are both signatories. A signatory can refer to a: 1.Human 2.Corporation 3.Limited liability corporation 4.Non-profit organization 5.Government body If a company is involved in a contract, such as a Purchase of Business Agreement, an individual who has legal authority would sign the document on the company’s behalf. A company signatory can be specified through a Directors’ Resolution, stating that the director or officer is able to sign documents for the corporation. You can create a Power of Attorney and appoint a representative to sign real estate, financial, business, or other legal documents on your behalf. As this is an important duty, you should plan ahead and assign someone this responsibility in advance. For example, having a Power of Attorney is helpful if you suddenly cannot handle your own affairs due to health complications. Each legal contract, state, and banking institution has its own requirements regarding whether a witness or notary public must sign to authenticate a document. Witnesses are neutral third parties who verify each signatory’s signature. They do not have to be familiar with the terms of the agreement. Their signatures simply prove a contract’s validity and authenticity in a court of law. A witness cannot be related to any of the signatories and cannot benefit from the contract. For example, a beneficiary of a Last Will and Testament cannot witness its execution. A notary public is a state-licensed official who authorizes the identity of each signatory and witnesses the execution of a document. A notary also administers oaths, certifies copies of documents, and provides acknowledgements. Whether or not a document requires notarization (the process of getting your document signed by a notary public) depends on state legislation and financial institution regulations. Generally, when a notary public verifies the execution of a document, it becomes a “self-authenticating” document, meaning it is not necessary to prove the validity of the signatures in court.
Viewpoint
Patrick Kowalskl
lawyer
2020-05-06 19:48:23
There are many reasons why you may need to lease property for residential or commercial reasons, such as signing a lease to rent a unit with roommates or renting a commercial space for your business. Often, signing a Lease Agreement means you’ve agreed to rent the property for a specific period of time. But what happens if you need to leave your rental before your agreement ends? Perhaps you need to relocate for work or school or you need to downsize your business; whatever the reason, a Lease Assignment Agreement can help you transfer your lease to someone else and vacate your rental property without breaching your original Lease Agreement. Assigning a lease is when a renter transfers their rights and obligations in a Lease Agreement (either commercial or residential) to another person. Generally, tenants decide to assign a lease when they need to vacate a rental property before their lease expires for whatever reason (for example, they need to reduce their living costs or transportation time or find a new space for a growing business). Regardless of why a person needs to end a lease early, assigning a lease to a new person using a Lease Assignment Agreement can be a great way to end your lease on good terms and without paying any sort of early termination fee (a fee that some landlords may require to end a lease before a Lease Agreement expires). However, there are a few important things you should know before you decide to transfer your lease to someone else.
Viewpoint
Kongove Mathis
lawyer
2020-04-30 14:32:37
No. the FMLA applies to employers with 50 or more employees within a 75-mile radius. However, similar state laws often apply to smaller workplaces not covered under the FMLA. State laws also may entitle employees to additional rights, such as the right to take unpaid leave to attend parent-teacher conferences or the right to care for an ill domestic partner. The FMLA applies to employees who have been employed in the same workplace for at least a year and to employees that have worked at least 1,250 hours during the previous year. The FMLA gives employees the right to take up to 12 weeks of unpaid leave under the following circumstances: 1.For the birth of a child during the first year 2.For the adoption of a child or the placement of a foster child in the employee's home during the first year 3.To care for an immediate family member with a serious mental or physical health condition (family members include spouses, parents, and children. The definition of children encompasses biological children, foster children, stepchildren, legal wards, and children that the employee cares for and supports) 4.The employee suffers from a serious mental or physical condition that prevents the employee from working Health problems covered by the Act do not include less severe conditions like the flu, a cold, or a minor ulcer.
Viewpoint
Ulysses
lawyer
2020-04-29 10:05:39
Companies are also free to adopt schedules for vacation accrual. For example, company policy might provide that an employee earns one vacation day per month or a certain number of hours per pay period. Some companies impose a waiting period before new employees may begin accruing vacation time. And some companies allow employees to accrue more vacation days when they have more tenure at the company. For example, a company may allow employees to accrue three weeks of vacation per year for their first five years, but allow employees who have passed the five-year mark to accrue four weeks per year. It is also legal for companies to cap how much vacation time employees can accrue, and many companies take advantage of this right to encourage employees to use their vacation time regularly. Once employees reach the limit set by the cap, they can't earn any more vacation time until they use some and fall below the cap. In some states, it is illegal for employers to impose "use it or lose it" policies, by which employees forfeit any accrued vacation that they haven't used by a certain time (for example, by the end of the year). In these states, vacation time is considered a form of earned wages, which must be cashed out when the employee quits or is fired (as explained below). A policy that takes vacation time away is therefore seen as illegal wage theft. Although the difference may seem fairly technical, these states usually allow employers to place a cap on vacation accrual, which stops the employee from accruing more vacation time—rather than taking away vacation time that has already accrued. Some states specify what ratio is acceptable, while others simply allow a "reasonable" cap. For example, a cap that is twice the annual accrual would likely be considered reasonable. To find out your state's rules, contact your state labor department.
Viewpoint
Gella Klausner
lawyer
2020-04-28 09:52:06
Subleasing is a great way to recoup rent costs when you don’t want to give up your rental, but you need to leave the area for an extended period of time. Generally, your landlord needs to give you permission to sublease. The original lease (the one you signed when you agreed to rent the residential property) typically indicates whether the landlord has given you permission to sublease, but not all leases include this information. If your lease doesn’t mention subleasing, it is usually still allowed, but it’s important to check with your landlord and consult your local jurisdiction’s tenancy laws. You and your landlord may also be required to fill out and sign a Landlord’s Consent to Sublease if the original lease didn’t contain any sublease terms and your local tenancy laws require further documentation. In addition, your landlord may be required to sign the sublease agreement. The original lease typically always applies to subleased property, so it’s your responsibility as a sublandlord (the person subleasing property to someone else) to attach a copy of the original lease to your Residential Sublease Agreement so your subtenant (the person subleasing from you) knows their rights and obligations. Another important thing to keep in mind is that you can’t sublease the property to someone else for longer than the original lease. In other words, if the original lease says that you’re renting the property for one year and you’ve already lived there for six months, you can only sublease the property for a maximum of six months to someone else.
Viewpoint
John Uebler
lawyer
2020-04-27 10:05:28
Sign your legal documents the same way you sign checks, government identification, or other documents. For instance, if you go by your middle name on paper and in person, sign that way unless otherwise stated. A notary public may ask to see your identification card to confirm your identity and compare signatures. When you sign a contract, best practices suggest you use a color other than the color of the agreement terms to reinforce authenticity and prevent anyone from creating fraudulent copies of the contract. Blue is the norm. Do not use a pencil because someone could tamper with it, and avoid red ink because it can be hard to read. During the official signing of the document, each party must be of sound mind, meaning they are capable of understanding the terms of the contract and not under the influence of drugs or alcohol. Furthermore, you should take your time to read the entire agreement before signing. Ensure you have a complete understanding of the terms and ask for clarification on anything that is unclear before putting your pen to paper.
Viewpoint
John Uebler
lawyer
2020-04-27 10:02:25
However, a waiver of liability agreement does not necessarily prevent an injured party from pursuing legal action. If you have been injured at an event or activity that required you to sign a waiver of liability before participating, you may still have a legal case depending on the following circumstances: The language of a waiver of liability is critical to its effectiveness. As with any contract, liability waivers are enforced according to their plain language. A waiver that is unclear or ambiguous about the circumstances in which the organization is not responsible may not be effective. This is especially so since the law treats contracts which are negotiated between parties (that is, where they both have input) differently from ones where one party simply presents the agreement to the other side and tells them they have to sign it. When the contract was entirely drafted by one party, the law will resolve ambiguities or questions against that party—that is, the party which did not draft the agreement gets the “benefit of the doubt” about what the agreement means. However, not all waivers are ambiguous—some are very clear and definite about when the event’s sponsor or activity’s organizer is not liable. If the waiver agreement you sign clearly identifies when the other party is not responsible, it has a better chance of being enforced. Where the critical language that absolves an organization of responsibility is located within the waiver can be important. For example, if the language is tucked away in small font in a place where you would never see it, then a court may find that you did not intend to sign away your right to sue. Contracts generally require agreement or consent by all parties, and that goes doubly true where one party is giving up an important right (like the right to sue and seek compensation for injuries). If the critical language is hidden or unobvious, a court could conclude that the participant did not see it and therefore did not agree to give up the right to sue. The most important factor as to whether a waiver of liability form will be enforced is the law of your home state. Some states view waivers with a great deal of suspicion and even dislike, and are fast to reject or not enforce them; others are reluctant to reject the agreement and take away the parties’ right to contract (and apportion risk) however they like. Because the law of waivers can vary state-by-state, if a company downloaded a waiver of liability form from the Internet, the form’s language may or may not be enforceable in that state.
Viewpoint
Gella Klausner
lawyer
2020-04-25 11:42:13
The first thing that you should do if your workers’ compensation claim is denied is to hire an experienced workers’ compensation lawyer who can guide you through the process of appealing the denial. From there, you need to file a Form 33 – Request for Hearing. The first step is mediation with your employer. Mediations are required. In fact, if you submit a request for hearing, you will be sent an order for a “mediated settlement conference.” Mediation is often a successful way of resolving workers’ compensation disputes. The North Carolina Industrial Commission reports that settlement rates for mediation conferences are at or above 70-75 percent. Preparing for Your Hearing If mediation is unsuccessful, the next step is the hearing. A hearing is an opportunity for you to present your side of your workers’ compensation case. During the hearing, you will provide testimony, submit medical evidence that speaks to your injuries, and you may call witnesses to testify on your behalf. At the conclusion of the hearing, a written order will be issued. If the order is not in your favor and your benefits are denied, you can once again appeal. Appealing to the Full Commission If a hearing is not concluded in your favor, you may file an appeal before the full commission. If you are not already working with an attorney, it is essential that you hire one at this point in the process. As at the hearing, you will again present evidence, and must make a strong case for why your claim should be approved and why you deserve workers’ compensation benefits. If your claim is once again denied, you may file an appeal. Throughout the entire process, it is important that you follow your doctor’s orders, and refrain from engaging in activities or behaviors that could discredit your claim (for example, if you are claiming a broken leg, don’t post a picture of yourself going for a jog on social media).
Viewpoint
Kongove Mathis
lawyer
2020-04-24 10:32:04
No one wants a criminal record, but it can be easy to make bad decisions and find yourself caught up in the criminal justice system. Even a comparatively minor arrest or conviction can result in a criminal record which can follow you for the rest of your life. However, there are ways to wipe the slate clean and have your criminal records sealed or even expunged. But whether a criminal record can be sealed or expunged depends on the state in which the record exists, and that state's criteria for eligibility. The process of clearing an arrest or conviction from a person's criminal record is called expungement. While this is an attractive option, it isn't available for all arrests and convictions. Whether expungement is available mainly depends on the jurisdiction in which the arrest or conviction occurred. The process of clearing an arrest or conviction from a person's criminal record is called expungement. While this is an attractive option, it isn't available for all arrests and convictions. Whether expungement is available mainly depends on the jurisdiction in which the arrest or conviction occurred. It's important to compare expunged vs. sealed records when trying to determine what these two processes entail. While expungement clears a conviction or arrest off of a person's record, sealed records give the appearance that the conviction or arrest has been cleared. In essence, when a person's record is sealed, it means that it's not readily available to the public. However, sealed records can still be accessed or "re-opened" by way of a court order. Just like the process and criteria for sealing a record, how and when a record can be unsealed depends on a particular jurisdiction's laws.
Viewpoint
Silvln Crowley
lawyer
2020-04-23 10:29:02
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