What Type of Lawyer Handles Swimming Pool Accidents

Sadly, swimming pool injuries and drowning deaths occur at a very high rate. The Center for Disease Control (CDC) estimates that everyday there are at least 10 pool related injuries or deaths that occur. What is even more alarming is the fact that 20 percent of these incidents occur to children under the age of 14, and of that 20 percent, a majority of the events happen to children between the ages of one and four.

In most cases, a personal injury attorney would handle a case surrounding a pool injury or drowning death. However, some of these cases can become complicated and may be in the best interest of the injury victim or their family to consider using a personal injury attorney that is very familiar with, or only handles, pool injuries or drowning claims.

— Injuries Associated with Pool Injuries and Drowning —

There are many different types of injuries that can occur in a swimming area. However, head trauma from falling and brain damage from loss of oxygen while underwater are the most common injuries. People who are submerged under water and become oxygen starved can suffer with one or more of the following issues:

Learning disabilities
Limited brain functions
Loss of use of one or more limbs
Speech problems
Hearing problems
Blindness
Personality changes usually resulting in quick temperedness
Organ damage
Permanent serious brain damage
Death

Additional issues may arise from these types of injuries that are less common based on the individual that suffered the injury.

Many of these injuries require life-long therapy and care. Individuals that have been injured in a swimming pool or hot tub area accident and their families should seek competent legal representation to seek compensation to cover the costs of care.

— Factors That Contribute to Drowning Deaths and Pool Injuries —

Pool areas can be dangerous, especially for children. There are many reasons that a pool injury or drowning can occur. Some of the more common reasons include;

Failure to place a safety cover or fence off the pool area
Failure to keep pool area fence locked
Lack of adult supervision around to pool at all times
Lack of warning signs around the pool area
Failure to provide lifeguards for public swimming areas
Failure to mark the depths correctly in the pool

It should be note that accidents and drownings involving children under four years old occur most often in their own home.

— Pool Safety Tips —

The effects of injuries associated with pool injuries are often suffered for a life time. Taking a few simple precautions may allow you to avoid the tragedy of pool related injuries or accidental drownings.

-If you own a pool, make sure that everyone in your home can swim. You can begin with lessons for children as young as six months.

-Establish pool rules. These rules should include:
oNever swimming without an adult present
oNever swimming alone
oNo diving, even in the deep end of the pool
oNo running around the outside of the pool
oStay away from the pool cover always
oAlways keep pool chemicals locked away

-If your pool is located outside, you will want to have a four foot fence with a gate that can be locked installed around the pool. You may also wish to lock the gate to your backyard. You must take precautions against neighborhood children entering your pool without your knowledge.

-Take a pool safety class and know how to properly perform CPR. This will be very helpful if an accident should occur. In fact, everyone who is old enough in your household should have CPR training.

— The Statute of Limitations —

When you have been injured in a pool related accident, or if your loved one lost their life to an accidental drowning, you must understand that there is a limited amount of time for you to seek compensation.

The Statue of Limitations are laws that are in place that limit the amount of time a person has to seek compensation for a personal injury. These limitations vary from state to state and can be as little as six months from the time of the injury. On average, the Statute of Limitations for seeking compensation for a personal injury is two years.

If you do not file a claim for compensation before the Statute of Limitation expires, you will not be able to seek compensation for your injury and losses. It is important to speak with a personal injury law firm about your rights as soon as possible after an accident occurs so that your rights as a victim are protected.

— Speak to a Lawyer Immediately About Your Rights —

If you or your loved one has been injured in a pool or spa related incident, you may have specific rights to seek compensation for your injuries and losses. You will want to talk to a lawyer who is knowledgeable about these types of cases and their respective injuries. During your initial consultation, it will be explained what rights you have as an injury victim and what types of compensation you are entitled to under your state laws.

Custody of Children after a Divorce

Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)

Traditional Games that are Played in an Indian Wedding

Indian weddings are full of zest and joy and to make them all the more enjoyable a lot of games are played during the different ceremonies. This way the seriousness of an Indian matrimony ceremony gets lightened. These games are meant to elevate the mood and to raise affection and understanding between members of the two families.

Heres a brief description of different games played during an Indian wedding:

1. Fish the Ring
Fish the ring signifies who will rule the roost in the home front. This game is played when the couple appears as man and wife before the family gathering for the first time. In this game, the bride and groom are supposed to take off their rings and put them in a pot of clear water with rose petals in it. As both the rings settle, the newly-weds are asked to churn the water as enthusiastically as possible. After they take out their hands out of the water, everyone looks at the water. If the bride lags behind in the game, it determines that she will be obedient wife. If the grooms ring remains in the water, he will be wrapped around her finger.

At times, the rings are placed in a pot of milk and the couples are asked to `fish`. Whosoever is able to find the ring first will always have the upper hand in the marriage!

2. Hiding the Shoes
This game is played when the couple reaches the mandap for the `pheras` and the groom removes his shoes. The friends and sisters / brothers of the bride hide his shoes. After the Pheras, when the groom gets up to leave the mandap, the bridesmaids surround him and demand an shocking sum of money in exchange for his shoes. Then the friends and brothers of the groom beg and plead to give the shoes back and to reduce the sum of the money asked. After the stupid arguments, the groom pays the ransom and is allowed to put on his shoes.

3. Going Home
This game is played at the grooms house. The entrance of the house is blocked by the sisters of the groom to welcome the bride. The sisters pretending to be helpful point out a covered heap to the bride. They ask their sister-in-law to bow her head to it before entering. The bride, who is already nervous and anxious, obliges and dutifully bows her head. After befooling the bride, the cover is pulled off to expose a pile of old footwear cleverly arranged in a mound.

This ceremony does have a purpose – with this laughter, the ice is broken and the new bride feels more comfortable and finds a roomful of friends.

4. You Touch My Heart
Another game that is played during a wedding is You touch my heart. This game is mainly enjoyed by the women on the brides side. In this game, several round slots are made with a saree, which is wide enough for a hand to pass through. The saree is held lengthwise and bride and bridesmaid stand behind it stand. All the girls in the room thrust their hand upto the wrist out of the holes. On the other side stands the groom and from there he is only able to see an array of hands. The main challenge for him in this game is to search for his bride`s hands and he gets three chances for it. If he fails in the game, he has to pay a `fine`.

While, the celebrations have been constantly changing through out the institution of marriage and society, there are certain ceremonies and rituals that had been constant in marriage mantras. And such games make the ceremonies all the more pleasurable. They not only add fun to a marriage ceremony but each game aims at bringing the bride and the groom and their families closer. Not only this, they also make it easier for the bride and the groom to get comfortable with each others family and friends. Thought these days, many new games are coming for the bride and the groom to play together but some of the traditional games are still played religiously in many Indian weddings.

Signing A Non-Disclosure Agreement With A Patent Attorney

Clients mostly persuade their patent attorney to sign a non disclosure agreement. Patent attorney appointed for the purpose of patenting is not required to sign the non disclosure agreement on request of the inventor. But various lawyers obtain money from the inventors in order to sign a non disclosure agreement (NDA). This practice is followed so that the inventor questions about the procedure of the invention patenting from the patent attorney. These types of agreements are beneficial to the inventors however the patent attorney acts as a signing authority and has to pay for this process. Therefore, considering the ethical rights this practice has been excluded. If the non disclosure agreement (NDA) is being decided and signed in any case, it is advised for both the patent attorney and the inventor to consult a counsel for the same. This is a little unusual as the patent attorney who represents his/her client has to further consult his/her attorney in order to get advised whether to sign the non-disclosure agreement or not. This is why such an option is not considered by various inventors and patent attorneys who work for patenting the innovation.

Until and unless the idea and information regarding the innovation are discussed with the patent attorney by the inventor, the non disclosure agreement (NDA) cannot be signed as the patent attorney is liable to provide confidentiality to the information given by the inventor. A patent attorney has to abide by various federal rules which are imposed so that the information of the inventor or the client is always kept confidential. In such scenarios an inventor gets confused as in how to get a non disclosure agreement (NDA) signed without disclosing his/her original idea to the lawyer. What best could be done here is that inventor gets the non disclosure agreement (NDA) drafted by a lawyer first and then submit it to the patent attorney for signature and then get started with the client-attorney involvement.

But, this could prove difficult as a lot of money from the inventors end would be spent. There shouldn’t be any discrepancy of interests of the current or past clients while the patent attorney represents the current inventor. This can also create some issues for the patent attorney until the patent attorney is well versed with the client needs and requirements. Disclosing fundamental information pertaining to the invention with the patent attorney which might not necessarily include all the information about the invention can ensure inventors about the faster and successful patenting process and signing of the non disclosure agreement (NDA). However, for some patent attorneys such basic information could not be sufficient enough.

Therefore, clients and inventors do trust some patent attorneys and reply upon them in such scenarios as they would not use the innovative idea for illegal and unlawful use as the patent attorney is not into such competition as is the client himself.

K1 visa Vs Form I 130

Most people who wish to help their fiance(e) immigrate to US have a doubt on what form to file, whether K1 visa or Form I 130. It depends on the the length of the relationship, the supporting evidence, the number of times the sponsor or the petitioner has physically met their fiance(e), are few of the considerations to file the appropriate form.

Only the citizens of the US may file a K1 visa for a fiance(e). If you are a legal permanent resident you may then have to file Form I 130 to petition your spouse. A K1 visa is issued to the fiance(e) of a United States citizen to enter the US and marry the United Citizen within 90 days after the entry of the fiance(e) into US. A K3 visa is used by a US citizen to bring his or her spouse to the US. Form I 130 is used by a US Citizen or a legal permanent resident to petition his or her spouse for a green card.

The average waiting time for K1 visa is approximately 7-9 months, K-3 petitions take approximately 8-10 months and Form I 130 petitions take approximately 8-12 months to be processed.

What Form Must I File?

If you are a US Citizen and you wish to bring your fiance(e) to US to get married you must file K1 visa application. On approval of the petition by the US Citizen, the fiance(e) may travel to United States for a period of 90 days. A K-1 visa requires a fiance(e) to marry his or her US citizen sponsor within 90 days of entry into the United States. The fiance(e) may then obtain work permit to work in the United States. It is mandatory that the US Citizen and the fiance(e) must be married within the 90 days period , so that the fiance(e) will be eligible to apply to adjust status to a lawful permanent resident.

If you are a US Citizen and you wish to bring your spouse to US then you must file K3 visa application. You can apply for a K-3 visa for your spouse only after you have filed the I-130 petition. Your spouse can enter the US on a K3 visa while the I-130 is pending and must apply to adjust status to a permanent resident with the USCIS upon approval of the petition.

Form I 130 is used by either by a US Citizen or a Legal Permanent Resident to petition their spouse to immigrate to United States. This process is a lengthy process when compared to that of K1 and other processes.

A K1 visa holder will not be able work or leave the country until they apply for adjustment of status. When they file for adjustment of status, applications for employment and travel will also have to be filed. After 90 days of filing the petition, the spouse may be able to travel and work.

A K-3 visa is a multiple-entry visa and the spouse may travel out of the country. The K 3 visa holder must apply for an EAD/work permit and it has to be filed along with the adjustment of status application.

Once the adjustment of status application is approved, the applicant acquires legal permanent resident status. They may then obtain employment immediately and also travel outside the country.

Managing Pressure at Home

Working women have extra responsibilities and stresses to deal with. Not only do the stress and responsibility of the workplace need to be dealt with, the pressures of home must be dealt with as well. This often creates a lot of stress to those who feel they are unable to cope.

For women who have careers and families to take care of, unfortunately anxiety and stress becomes an integral part of their lives. This sometimes makes life difficult, as balancing things is a tough job. Balancing the responsibilities of work and home is quite challenging and women feel they need to do both perfectly.

In order to manage the pressures which are found in the home, the first thing required is for the family to be an understanding one. If the family understands they all need to pitch in and help, particularly during stressful times, the burden on the woman automatically. In order to manage, a woman should sit her family down and talk to them about the responsibilities which she has to undertake. Giving each member of the family their own tasks to complete is a good idea. When everyone contributes, the burden is minimized. Family are teams, and when everyone does their little bit to help, it helps keep the woman sane and the stress levels down to a minimum – physically or mentally.

Another way in which you can manage stress at home is to believe that you have the ability to do so! Believing in oneself helps a great deal and increases motivation. By believing you have the skills and capabilities of performing the tasks required of you, there is no force which can prevent you from doing the things you want to achieve. Sometimes its worth taking a step backwards, assessing where you may need to learn something to help you move through your life a little easier. Courses on time management, decision making (learning when to say no!) and getting organized can be invaluable in alleviating stress.

Its these skills, which will help you live in the present moment. They will help you focus on home when youre there and leave work at work. Constantly thinking about work while you are at home, is not only stressful, its exhausting. Everyone needs down time! Relaxation time is when the mind and body regenerate to give you the energy to continue.

If you have faith in yourself and in your abilities, there is no need to think about the outcome which may the result of your actions. Everyone does their best, where they are in that moment. There will be some difficult decisions you will have to take within the family environment have confidence you are making the right decision and move on.

Another way stress can be managed is to deal with everything with an open mind. Look at things from other peoples perspectives. If you are having a problem, ask someone who has already been through the same thing.

Either way, accept that outcomes are not within your control. Live in the moment, do your best and manage whatever happens from your and other peoples decision.

Dallas Child Support Attorneys

Divorce in Texas – taking care of the kids.

Divorce is never easy. It is an admission on one or both spouse’s parts that they did not manage to sustain a marital relationship. Often there is a lot of bitterness with one or both parties invoking blame and retribution on the other. This is particularly exacerbated where there are children involved. It is important for one’s interests to be represented by a skilled attorney well versed in Texas family law in divorce cases where there are minor children.

The whole area of family law to do with Child support, custody, visitation rights is a major area of practice for Dallas Family Law Attorneys.

In Texas “conservatorship” is the name given to define what rights and duties the parents have after the finalization of divorce. Despite what bitterness there may exist between the spouses the interests of the children are actually paramount. Thus in the vast majority of divorce settlements there will be parental rights and duties awarded to both parties. This is known as “Joint managing conservatorship”.

The actual residence of the children is also usually awarded to one parent and usually the mother. Nevertheless the other spouse will still have visiting rights and the right to be regarded as the parent. It is only in cases where the one parent is shown to be irresponsible or impaired as a parent, such as being an abuser of alcohol, drugs or being physically violent that this is overturned.

This visitation and parenting is an area of great potential conflict. Bitterness and anger plus fear and insecurity are some of the emotions that have to be dealt with. Nevertheless it is in the children’s interest that these matters be agreed and adhered to as amicably and as fairly as possible. Family Law attorneys will all deal with issues such as this often. It is strongly advisable that their counsel be followed to help the children cope with the trauma of their parents separation.

Conservatorship is but one aspect of family law, the next of course is the financial support. It should be emphasized that support may equally be sought for a child born out of wedlock. There are many cases of mothers pursuing, and winning child support from fathers of children resulting from extra marital encounters. In these cases paternity must be shown in Texas law.

There is a set “Tariff” or rate for child support laid down in Texas law. If the party has children from one marriage that has ended child support will be determined as a percentage of their “Net resources” in other words everything they might have which has value as an income. 20% for 1 child up to 40% for 5 or more. If there are children from other relationships the calculation is more difficult.

Child support ends when the child reaches the end of secondary education or the 18th birthday whichever is the latter. In all matter of child support knowledge of both parents rights and the amount due for the care and upbringing of the children is crucial. For this reason it is advisable that a firm of Family Law attorneys be appointed to represent the client and look after their interests.

Who Needs A Family Solicitor

Numerous men and women will require the services of the family law court system at some place in their lives. Many could never foresee that they would discover themselves in the court room having employed the services of a family solicitor.

Here are a few examples of positive reasons why a person or family may require the services of a Family Law Solicitor. Adoption of a child or baby is an exciting life-choice however there are many legal aspects that have to be dealt with. A family solicitor could be helping a couple complete their family, or drawing up the papers that helps a single parent feed and cloth their children.

However, it is an unfortunate reality that many end up in the family law court for less pleasant reasons. The possibilities are endless however, they could be going through the process of divorce, fighting someone over child custody, they could be in the process of getting sued for child support, or being taken to court for alimony. There are sad cases of family members being accused of abuse or paternity cases where one is fighting to prove or disprove that they are the paternal father. In these types of cases there are no exclusions due to age, gender race or religion; all are expected to attend court. The impact of a courts decision in all these matters is likely to be significant in terms of the future of the family.

Those who have been married, divorced, living as domestic partners, or even those involved in a civil union may appear in family law and court if there is not a ‘happily ever after’ solution. The courts will decide who gets what in terms of property and persons. So who gets which visitation periods of the children, who keeps the family home, who owes for the debt the couple accrued while together will all be decided and more. It is often very difficult, upsetting and complicated to work out all the details of who gets what. However the process is there to settle disputes and allow people and families to rebuild their lives.

So with all of this to worry about you should seek the advice and services of a family law solicitor. Professional legal advice will make certain that you interests are suitably protected.

Relationship agreements (sometimes called nuptial agreements) can give you peace of mind. So if you plan to get married, start cohabiting or are about to enter into a civil partnership then some form of formal relationship agreement can protect you both.

California State Divorce How to Start Yours

California state divorce laws are not that difficult to understand if you have good information. With the right advice, instructions, and explanations, you can get your own divorce started without hiring an attorney, and save a lot of money on legal fees.

This article will provide an overview of California state divorce laws in the context of how you can start your own divorce. You will learn what California law says about the roles of the Petitioner and the Respondent and implications of each role in the divorce.

The Petitioner and the Respondent. According to California Family Law Code Section 2330, every California state divorce starts with a Petition. The legal term for divorce in the code is “dissolution of marriage”.

The Petitioner is the person who first files papers and gets the case started. The Respondent is the other party. A Response need not be filed, but it is a good idea, otherwise the inactive person has little say about when or how the divorce is completed, unless there is already a written agreement. In order to become officially involved in the divorce, the Respondent will need to fill out and file California Family Law Form FL-120 (the Response).

In general, the more both parties participate, the better. After a Response is filed, the divorce can be completed only by written agreement or court trial. Agreement is better.

Equality. Once a Response is filed, the Respondent has equal standing and there is no legal difference between the parties or their rights, and either party can take any available legal step.

The Petition. So if you are the one who will start your divorce, you will be the Petitioner, and you will need to fill out California Family Law Forms FL-100 (the Petition) and FL-110 (the Summons) and file them with the Clerk at the appropriate courthouse. According to California state divorce law (as described in Family Law Code Section 2331), you will then need to serve your divorce papers on your spouse.

The only thing you need to know before you do this is that you want a divorce. The issues can all be sorted out and resolved later. However, it would be smart to learn the basics about California state divorce law before you start.

Advantages to serving the Petition:
Starts the clock ticking on waiting periods. California state divorce law states that the Respondent has 30 days to respond.
Causes automatic restraining orders to take effect, as per the instructions on the back of Family Law Form FL-110 (the Summons).
Has psychological value for Petitioner and tells Respondent a divorce is really going to happen.
Helps establish the date of separation. According to California state divorce law, the date of separation is whenever you can prove that one spouse intended to make a complete, final break (not just a temporary separation), with simultaneous conduct furthering that intent.

Possible downside. Serving papers can upset your spouse and stir up conflict if you dont properly prepare him or her ahead of time.

Getting a smooth start. Unless your soon-to-be Ex is an abuser/controller, you will probably want to start things off as nicely as possible. An abrupt start will probably increase conflict as an upset spouse is more likely to run to an attorney who will probably make your case more complicated.

So take some time to prepare your Ex and let him/her get used to the idea that a divorce is about to start. If you arent comfortable discussing things in person, write a nice letter. Let your spouse know you are committed to working out a settlement that you can both agree to and live with. Unless you are under time pressure, dont serve your Summons and Petition until your partner seems ready to receive the papers calmly.

The Response. A Response should be filed within 30 days of receiving the Summons and Petition, but can be filed any time before Petitioner declares the Respondents default.

Filing a Response is not an aggressive act. In fact, it is usually a good idea for the Respondent to take part in the action, especially if you have kids or property or debts to be divided. It is easy to do.

The only disadvantages are Respondents filing fee of about $320 for a California divorce, and the possibility that you might have to file a questionnaire about your case in order to avoid a case conference hearing.

There are numerous advantages to filing a Response. If theres no Response, Respondent has little control over when and how the divorce is completed, so the Respondent feels insecure. By filing, Respondent joins the case on an equal standing with Petitioner, so Respondent feels more a part of the process, more in the loop, more confident. Experience and studies show that the more Respondent participates, and understands the California state divorce process, the better the outcome is likely to be.

Mediation in Divorce and Family Law Cases

WHAT IS MEDIATION?

In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.

Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.

By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.

The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.

Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.

Mediation may resolve:

disputes between divorcing parties including custody issues, spousal maintenance and property issues;

paternity issues;

restraining order issues.

WHY SHOULD I MEDIATE?

1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;

2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;