4 Ways an Employment Lawyer Can Help Your Business to Avoid Legal Issues

Your team of skilled workers is essential to your company’s profitability and long-term success, but some employees may create problems for you in different ways. Everything from a complaint about an unfair dismissal to issues related to family or medical leave could develop, and these issues could become a liability expense that your company must face. Hiring an employment lawyer is a great option to consider when you are dealing with these four issues or if you have other related concerns.

1. Determining When You Can Legally Terminate Someone

One of the most common issues that companies face related to employment law in Canada and other areas of the world relates to unfair dismissal or wrongful termination. Discrimination in the workplace is a serious issue, and it could potentially lead to tremendous expenses for your company to endure. You may be able to consult with an employment lawyer before terminating an employee to determine if this type of workplace issue will affect you based on the specific factors related to your company. You may need to take specific steps to remove an employee in a legal manner, and your attorney can provide you with more information about the steps you need to take.

2. Understanding Your Rights with a Discrimination Lawsuit

Discrimination complaints are also common workplace issues. These may involve discrimination based on age, gender, race or other factors. Such issues could create huge public relations issues for your company as well as liability expenses. This could affect sales and profits for years to come, so you must handle these issues carefully. If you have received a discrimination complaint from an employee or a customer, consider hiring an employment lawyer to handle the legal aspects of this case.

3. Dealing with Family and Medical Leave Issues

Many companies must comply with federal laws regarding family and medical leave requests, and this includes pregnancy-related leave with new parents. Your employees may be aware of their work rights, but some of your workers may be confused about their rights in unique situations. You may be having trouble getting employees to work because of these types of issues, or you may even want to terminate someone for not following your rules in this area. Consulting with a lawyer before you act can help you to stay out of hot water while also protecting your own rights as an employer.

4. Handling Serious Complaints or Developing Issues

There are many other types of serious issues and complaints that your business may run into over the years. For example, other workplace issues include on-the-job injuries, dealing with labor unions, complaints about unfair or unpaid wages and more. If your company is dealing with these or other serious issues, you may face legal challenges and burdensome expenses. Because of this, you need proper legal representation so that you understand your rights and minimize the financial impact of this matter on your business. A lawyer may consult with you about your options, and he or she may also fight for your rights under the law if the matter escalates.

Work rights and workplace issues are serious matters for any business, and you need all of the help that you can get to understand your options and to defend your position in these cases. Consulting with an attorney who specializes in the area of employment law before a matter develops is a great way to potentially avoid stressful and expensive issues, but you can also consult with a reputable attorney after an issue develops to explore possible legal options to get out of a sticky situation gracefully. For those of you interested in learning more, there are more resources to be found on the Whitten & Lublin website.

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How to Prepare for Your DUI Court Date

If you have an upcoming court date for driving under the influence, you are probably feeling incredibly nervous about what is going to happen. This is definitely an understandable feeling, but you should know that there are steps that you can take and things that you can do to help you ensure that you are ready for court, such as hiring a DUI lawyer. These are some of the things that you can do to help prepare yourself for your upcoming court date.

Hire a DUI Lawyer

First and foremost, you should know that this is not the type of thing that you should try to handle on your own. It’s not a simple traffic ticket that will be easy to take care of by yourself, and even if you are thinking about not hiring a lawyer because you want to cut costs, you should know that it’s usually not a good idea. Working with a good DUI attorney can help you determine how to handle your case in the best way possible. Additionally, it can provide you with a little bit of support and peace of mind during this difficult time in your life.

Save Up Your Money

You should know that DUI cases are not cheap. Along with having to pay fees for an attorney, you’re also going to have to worry about other related costs, such as the fees and fines that you might have to pay when you go to court. It’s usually best if you have this money on hand so that you can cover these costs as soon as possible, so it’s always smart to save up your money for a while so that you are financially prepared. Talking to your attorney can provide you with a basic idea of how much you are going to need.

Attend Programs or Meetings

Depending on your situation, your attorney might recommend that you go to meetings or rehab before your court date. Not only can this help you look better when you go to court, but it can also help you in your personal life if you have a drinking problem. Your attorney should be able to provide you with a list of local resources that you can look into.

Even though it can definitely be scary if you are facing a criminal charge for driving after consuming more than the legal alcohol driving limit, there are things that you can do to be as prepared as possible. If you follow these tips, you can help ensure that you are properly prepared for your impaired driving court date, which can help you ensure that things go as well as they can when you go to court. For additional insights, please visit DV. Pledge.

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Common Types of Personal Injury Cases

Thousands of people are harmed in personal injury accidents each year in Canada, according to Statistics Canada, a government data collection agency. A considerable percentage of these accidents, and associated injuries, are the result of the negligence of another party. In addition, in many cases, the injuries sustained in these accidents are serious. There are some common types of injuries that occur with surprising regularity each year in Canada, as a personal injury lawyer will explain.

Automobile Accidents

Among the most common types of accidents annually in Canada are those associated with automobiles. Every year, thousands of people are injured and even killed in automobile accidents, according to Transport Canada. Automobile accidents have a variety of relatively common causes that include distracted driving and driving under the influence of alcohol or another mind-altering substance.

Slip and Fall Accidents

Another category of accidents that top the list of personal injury incidents in Canada are slip and fall cases. Slip and fall cases typically are based upon the legal concept of premises liability.

Under the doctrine of premises liability, a person or business has to maintain a property in a reasonably safe condition. Failing to do so can result in a property owner, or other party that controls a certain property, in being responsible for injuries sustained in an accident at the premises.

Defective Product Accidents

Rounding out the list of the most common types of accidents in Canada are those associated with defective products. A number of different parties potentially can be responsible for a defective product that results in an injury. These include the manufacturer of the product, the manufacturer of a product component part, or a retailer.

Compensation in a Personal Injury Case

The compensation awarded in a personal injury case arising out of a commonly occurring accident scenario, depends on the specific facts and circumstances of an accident. With that said, common types of compensation in an injury-causing accident case include financial recovery for medical expenses, pain and suffering, mental anguish, and lost income.

A personal injury lawyer can also work to ensure that an injured person obtains compensation for future losses as well. For example, medical care and treatment may need to continue for an extended period of time following an accident. As a result, a victim of someone else’s negligence in a commonly occurring accident may be entitled to this type of future loss, as well as others.

A personal injury lawyer will schedule an initial consultation with an injured person to provide a case evaluation. A personal injury lawyer will also respond to any questions an injured person may have after an accident. Typically, no legal fee is charged for an initial consultation. More valuable information can be found on the Preszler Law Firm website.

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Criminal Defence: Preparing for a Criminal Trial

Although a majority of criminal cases end up in plea agreements negotiated by a criminal lawyer on behalf of a client, some cases do end up being tried. When it comes to criminal defence, a primary decision in the proceedings involves the decision to settle or a try a case.

If a criminal case is to be tried, a defendant needs to properly prepare for the courtroom proceedings. A criminal lawyer will devote a considerable amount of time working with a client to ensure t hat he or she is prepared for trial proceedings.

The Decision to Testify

A major decision faced by a criminal lawyer and a client is whether or not the defendant in a criminal case should testify on his or her own behalf. A defendant in a criminal case has an absolute right to testify at his or her trial. The decision is the defendant’s alone and cannot be made on his or her behalf by a lawyer of anyone else.

With that understood, a defendant must take heed to a criminal lawyer’s advice when it comes to the issue of testifying during a trial. An experienced attorney is well aware of the pros and cons of a criminal defendant taking the stand in a trial.

In courts in Commonwealth nations, including Canada, nothing negative can be inferred against a defendant that choses not to testify in a criminal trial. This stems from a tradition that ultimately took root in justice systems in the majority of Western nations, including those that trace their history to the British Empire.

In the final analysis, a criminal lawyer may advise a client not to testify at trial. Oftentimes, the primary reason for the recommendation is the fact that if a defendant testifies, he or she is subject to thorough cross examination by the prosecutor. Oftentimes, cross examination of a defendant can have devastating consequences to a case, even to a case that previously was believed to be strongly favorable to the defendant.

Preparing to Testify

If the decision is made for a defendant to testify, he or she needs to engage in significant preparation with legal counsel. This process likely includes a defendant actually submitting to a mock cross examination. If a criminal case goes of the rails, it oftentimes is during the course of the cross examination of the defendant.

A Defendant is a Full Participant

A criminal defendant must be mindful during all aspects of a criminal trial. He or she must remain focused and able to provide counsel with information as needed. He or she must be able to provide information based on observations of other witnesses during trial proceedings. The Donna V. Pledge website has more online resources available.

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Overview of Impaired Driving Laws in Canada

Impaired driving is the technical, legal term in Canada utilized to describe the crime of a person operating a motor vehicle while under the influence of alcohol or drugs. Obtaining a DUI lawyer is recommended when a person is charged with this type of crime in Canada.

Refusing to Submit to Field Sobriety Testing

If a person refuses to submit to field sobriety testing, or testing to determine blood alcohol concentration, that individual can be criminally prosecuted. Indeed, in convicted, a person who refuses in this manner faces the prospect of having the same penalties imposed if he or she was convicted of driving while impaired.

A DUI lawyer can sometimes make a case that a person had a reasonable justification for refusing to comply with the testing requests made by a law enforcement officer. Prevailing in this manner is very challenging and truly does require the skilled assistances of an experienced DUI lawyer.

Presumption of Accuracy

Although a DUI lawyer can attempt to make a defense that the blood level testing equipment was not functioning properly, the presumption is that this equipment did provide accurate results. An attorney can provide evidence to suggest that the equipment did not function correctly. The court will weigh evidence provided by legal counsel on behalf of a defendant to determine whether it is enough to overcome the presumption that the testing equipment provided accurate results.

Sentences in Impaired Driving Cases

When convicted of impaired driving, a motorist faces a country-wide prohibition on driving for a set period of time. A first-time conviction results in a 12-month driving prohibition, a second conviction results in a 24-month prohibition, and 36 months is imposed for a third-time conviction of impaired driving.

A first offence calls for a fine of up to $1,000. There is not mandatory jail time.

A second offence results in a possible fine and a minimum jail sentence of 30 days. A third conviction results in a possible fine and a minimum jail sentence of 120 days.

Interlock Device

Canadian law also calls for the use of an interlock device in certain cases. An interlock device requires a person to breath into a device and demonstrate that he or she is free of alcohol before the vehicle can be started. With an interlock device installed in a person’s automobile, he or she can shorten the driving prohibition period, at least to some degree.

In the case of a 12-month prohibition, the interlock device can be installed after three months. It can be installed after six months in the case of a 24-month prohibition and after one year in the case of a 36-month prohibition.

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How Statutes of Limitation Can Influence Your Personal Injury Case

If you have suffered a head injury in a car crash or gotten sick from eating tainted food, you may be entitled to compensation for your pain and suffering. With the help of a personal injury lawyer, it may be possible to hold whoever hurt you financially responsible for his or her negligence. However, this may only happen if you file your case before the statute of limitations expires.

What’s a Statue of Limitation?

In a personal injury case, you may be given a limited amount of time in which you can file your lawsuit. In some jurisdictions, you may have one year or less to take legal action. Depending on the circumstances in the case, you may be given a year or more from the point in which you determined that a particular event resulted in injuries or illness.

What Happens If You File Your Case After the Statue of Limitations Expires?

It can be extremely difficult to get a judge to hear your case if you waited too long to file. This is why many legal experts suggest that you contact an attorney and file your case as soon as possible. In addition to weakening your standing to sue, waiting to take action may be used against you in court or during settlement talks.

What Happens If Your Case Is Still Ongoing After the Statute of Limitations Expires?

It is important to note that you only have to file the lawsuit by the time any applicable statute of limitations expires. However, you should understand that your case may take many months or years to resolve. Therefore, you may want to make plans with creditors, medical professionals and your attorney to delay any payments until after your case has been resolved in your favor.

How Can a Personal Injury Lawyer Help?

Your attorney will review your case and determine the best way to proceed based on the available facts and information that you provide. Since your legal counsel will know and understand personal injury law, he or she will know how long you have to take legal action and how long it may take to file the appropriate paperwork. Therefore, you will most likely have taken legal action against the party that hurt you long before you run out of time to do so.

It is critical that you talk to a personal injury attorney as soon as you have been hurt or have fallen ill. He or she may be able to review your case to determine the likelihood that negligence played a role in your injury or illness. If the answer is most likely yes, your attorney will then work as hard as possible to win compensation in a timely manner. You can find more information at Futerman Partners LLP.

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Should You Settle out of Court for a Personal Injury Case?

The natural process of litigation for a personal injury case could take months or years to conclude. In the meantime, you may lose your job, your home and your loved ones while you are waiting for the judge to decide who is right or wrong. Personal injury law firms Toronto lawyers can negotiate for an out-of-court settlement if you hire one to work your case.

Why Settle out of Court?

The most beneficial reason to settle out of court is to save yourself time. Time is something that you may not have when it comes to paying your household bills, medical bills and other expenses. An out-of-court settlement can put the money that you need directly into your hands so that you can pick up the shattered pieces of your life and move on. You can receive your settlement in one lump sum instead of possibly having to deal with a structured settlement. Furthermore, the settlement will give you peace of mind and a sense of accomplishment.

The Downside to Settling out of Court

The downside to settling out of court is that you may miss out on some extra funds like the punitive damages. Punitive damages are monies that the judge orders offenders to pay when their negligence is super heinous. A drunken driving incident would warrant punitive damages, for example. Aside from lacking the additional compensation, out-of-court settlements are awesome happenings.

The Average Turnaround Time

It is difficult to tell how quickly an out-of-court settlement will wrap up, but it is certainly much faster than an in-court ruling will. The offender may agree to get the settlement check out to you rather quickly so that you can pay all of the items that you have to pay. You could have a settlement check in your hand in a matter of weeks if your attorney is good. Many offenders agree to settle out of court because they know they are wrong and they accept responsibility. Others are willing to take the case all the way to the end because they believe that they are innocent of being neglectful. The right attorney will know just how to persuade the other side.

Contact a Toronto Personal Injury Firm Today

The first step in getting your case on the ball is to contact a personal injury firm. You can use a number of resources to find the best personal injury firm in Toronto. A comparison tool, a network, a friend or an online search could lead you to where you need to be. Once you find three to five law firms, you will need to check client reviews and ensure that you are getting an amazing personal injury law firms Toronto provider.

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How To Prove A Standard Of Care Was Breached

Practicing medicine is unfortunately not an exact science, and things sometimes go wrong even when working with dedicated, experienced physicians. However, sometimes avoidable mistakes occur that may lead patients or their families to seek compensation. When proving malpractice, a medical expert witness must explain how a standard of care was breached. Here are some necessary points when showing a breach of care.

What Must Experts Show?

Medical malpractice experts help plaintiffs show that harm was caused because the care exhibited in given circumstances falls short of the general standards of medical care. Physicians, nurses, administrators and others in a health setting could be responsible when doing or not doing something that causes a patient to receive a lesser standard of care than normal.

Importance Of Medical Malpractice Experts

In medical malpractice cases, the standard of care is the behavior that similar medical health professionals would provide in a comparable situation. This makes an expert’s testimony valuable as he or she should be someone in the same field as the defendant. An attorney uses a medical expert’s testimony to show that a health care provider with similar experience would have acted differently in a similar case. The medical expert would explain why he or she and others in the same field would not make the same decisions that the defendant made.

Points To Cover

An expert would be used to establish the standard of care, show how the care given breached the standard and explain how the treatment given harmed the patient. One type of malpractice might involve giving a patient the wrong medication. In this example, the patient could be allergic to the medication or have a bad reaction because of his or her condition and the other drugs being taken. Here are some points a medical expert witness might make in a hypothetical situation like this.

Establishing a standard of care: The witness could explain what normally occurs when giving medications like checking a patient’s history for known allergies, double checking that the medication is the correct one and making sure that the dosage is right.

Breaching the standard: If it is documented that a patient cannot receive a certain medication, an expert could point to this as a breach in care if the medication is administered anyway. If a staff member had looked at patient’s history or chart, it could have prevented an error.

How harm occurred: The expert would list injuries, illnesses or side effects resulting from being given the wrong medication. This could include pain, a worsened condition or a severe reaction to the wrong medication.

Proving breach of care is why medical malpractice experts are needed, and selecting a capable witness could help a plaintiff recover damages. Visit JD.MD, Inc. for additional information.

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Choosing The Experienced Personal Injury Lawyers

The sad fact of the matter is that at one point in your working life, the chances of being injured while on the job are quite significant. Today’s technology is ever-changing, but it is also incredibly dangerous and unpredictable. The role you take today, and each day after that, could be familiar and part of a routine, but the slightest change or alteration could set something off and end with someone being sent to the hospital. Upon arriving at the hospital, the medical bills begin piling up. Medication, rehabilitation, the ambulance ride to get there, they all cost thousands, if not tens of thousands. This can devastate a family.

Experienced Attorneys

Thankfully, there are personal injury lawyers who have practiced law for years, some for decades, who are experienced in dealing with such claims. Your cast will have barely dried before the first bills come piling in from the doctors and insurance companies. This is a confusing time for most people, all of whom will have significant questions and little guidance. An experienced personal injury lawyer is fully capable and prepared to handle all such questions. These individuals will guide you step-by-step through the entire claims process, helping you to achieve the end goal of receiving a damages award. A damages award is a payment from the liable party of the injury to cover your medical costs, emotional damages, and loss of hours from being unable to work your day job. All of these combined together can be an incredibly costly, significant event in your life.

One of the greatest benefits of personal injury lawyers these days is that they do not charge you if you do not recover during the case. Most attorneys work on a contingency fee, which simply means that if you do not win the personal injury case, then you won’t pay a single dime to the lawyer. Most, however, are quite good at their jobs and win court cases for their clients quite often.

Red Tape

Believe it or not, there is a lot of red tape involved with legal procedures, confusing medical jargon, and more than a bit of paperwork to complete before you ever see a court. An experienced attorney can navigate through all of this and teach you the necessary items required of you. They basically hold your hand through the entire process.

Investigations

An attorney generally has an investigative team on-hand who specialize in various areas, especially medical. This team will investigate your injury and discover who is really at fault from the incident. They provide highly important information for your case, which could mean winning or losing.

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How Assets Are Split During a Divorce

Divorce can be a very emotional time for families as the proceedings tend to get very emotional. Especially when there is a long term marriage, it can be quite difficult to ascertain which spouse is legally entitled to what in Canada. Within Canada, the assets are divided according to the rules of the province that you were married, thus, it is best to consult a divorce lawyer in order to figure out which rules apply to your divorce.

General Division of Property in Canada

The Constitution of Canada stipulates that each province is individually responsible for the laws pertaining to division of assets or the equalization of marital property. It is for this reason that the laws tend to vary on a province by province basis. That being said, the general rule of thumb with property division in Canada is that the value of any property acquired during that marriage that is still in possession when the spouses separate is divided equally between the spouses. If the spouses brought in their own property from before the marriage, it is not to be divided, but if this property increased in value throughout the duration of the marriage, then the increases will be divided between the two spouses during the dissolution of the marriage.

There are some exceptions to these property division laws and one of these exceptions relates to the matrimonial home where both spouses resided at the time of divorce. If one spouse owned the matrimonial home before the date of the marriage, then they do not get any credit for it when the marriage terminates. Regardless of which spouse has their names on the deed of the house, both spouses have an equal opportunity to remain living in the marital home.

How Obtaining a Divorce Lawyer Can Help

A Divorce lawyer is a worthwhile investment in any divorce proceeding; however, it is particularly beneficial if there is a business owned by both spouses to seek legal representation. The reason for this is that the change of ownership in a business can get quite difficult to litigate when the business was in one spouse’s family previously or the spouses started it together from scratch. Additionally, if there are children involved, having legal counsel allows for the potential to schedule a mediation session to arrange custody schedules if both spouses are unable to agree among themselves.

In order to find the right divorce lawyer for your upcoming case, it is usually best to interview several different attorneys in consultation appointments. This will give you an opportunity to discuss the individual details of your upcoming case and see which attorney is the best fit. The sooner that you start this process, the sooner, you will have your divorce behind you with a successful outcome. You can find more information at Matrimonial Home.

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