My Civil Advocate

The stretch between memorial Day and Labor Day has been called the "100 Deadliest Days" by AAA, as the number of fatal car crashes involving teen drivers spikes during this time. Over 5,000 deaths have been reported over the summer for the past five years, a rate that is 16 percent high than other times of the year. Teens drive more over the summer than other times of the year since school is out. They frequently drive greater distances as well, traveling to summer jobs or heading to the beach or other vacation destinations. In addition, teen drivers are generally the least experienced drivers out there and are the age group that's most likely to drive while distracted. All these circumstances make for a violate combination. The AAA Foundation for Traffic Safety found that a whopping 60 percent of crashes involving teen drivers were due to distracted driving. The organization conducted a study from 2007- 2015 in which teen drivers' cars were equipped with a camera...

Adoption can be a long and emotional undertaking. Familiarity with adoption rules and procedures can benefit would-be adoptive parents. For an adoption to be legal, the birth parents must consent to the adoption - unless they have been legally stripped of their parental rights (e.g., unfitness). Most states do not permit the parents to sign a consent form until the child is born. In some states, birth parents need to wait three or four days. Even after a child has been placed in their adoptive home, in many states the birth parents still have a window of time during which they can change their mind- a period of angst for the adoptive parents. Understandably, some states require counseling for birth parents before they sign a consent form. Prospective adoptive parents will undergo a "home study" to make sure they are fit to raise a child. A state agency or licensed social worker will investigate issues such as marital stability, lifestyle, financial situation, physical a...

Starting a family can be exciting, stressful, joyful, and daunting - all rolled into one. As with most endeavors, a little foresight and planning can go a long way. Prior to a newborn's arrival, know the facts about what and how much your health insurance will cover. Give some thought as to whether you want a doctor or midwife to provide prenatal care and deliver the baby. Choose a pediatrician before a baby's birth. In the workplace, find out how much maternity leave can be taken and how much of it will be paid. Inquire as to your employer's policies on taking time off for doctor's appointments or to prepare for adoption. Consider the steps you must take to get health insurance coverage for your bundle-of-joy-to-be. Research the safest baby products available and which ones to avoid. Is your home free of hazards? Do your homework on child safety seats. Know your legal rights to nurse in public. When returning to work after the birth, be informed on what your righ...

The values of stocks and bonds change from one business day to the next. Actually, from second to second when the market is open for business. When someone who owns stocks and/or bonds passes away, one of the first tasks an executor or personal representative will undertake is to prepare a schedule of assets. Each security should be listed and identified, as well as the nature and type of ownership. Stocks and bonds are valued based on the date of the decedent's death. The price will be calculated by taking the average of the highest and lowest quote during the day of trading. If the decedent died on the weekend or other time that the market was closed, the high and low quotes from the trading day immediately before and immediately after the date of death will be averaged. Sometimes the average is weighted. Stock dividends may have been declared before the date of death, to be paid sometime in the future. Those values should be added to the schedule of assets. Determining...

If you are ever arrested for a DUI, the last thing you may be thinking about is whether the police officer who arrested you was unlawful in making the arrest. If the officer was unlawful, though, it may be enough to get your charges dismissed. Unless you commit a traffic violation, such as speeding or running a red light, a police officer can only pull you over if he or she has reasonable cause to believe you are driving under the influence. Reasonable cause is a very broad term, but some of the things that police officers look for can include: Swerving Weaving in between lanes Endangering other vehicles Following other vehicles too closely Driving well under the speed limit Erratic braking By exhibiting any of these actions, you can give a police officer reasonable cause to assume you're driving under the influence. If you are pulled over or are stopped at a sobriety checkpoint stop, remember that a police officer cannot search your vehicle without your consent. ...

Teetering on the edge of foreclosure can be an unsettling experience, to say the least, but you have options to avoid it: Loan modification: Most lending institutions are open to changing the terms of your loan to make it more manageable. Foreclosure doesn't benefit either party. Repayment plan: If you are behind on mortgage payments, many lenders are willing to offer a repayment plan that enables you to make up missed payments gradually, not in one fell swoop. Forbearance arrangement:  If you financial difficulties are temporary in nature, a lender may agree to this process. The mortgage payer is granted a 3-6 month reprieve from payments. After this period, the payer resumes payments, plus some extra to make up for the skipped payments. Refinancing:  If the current mortgage rate is below what you're paying, your rate can be readjusted through financing to lower your payments. Short sale: If you owe more money than what your home is currently worth, short selling ma...

One of the realities of life is that it throws us curves sometimes. Usually we're able to adapt and move on, but in some cases that's easier said than done... especially if that curve involves a major change such as a job loss or an unexpected medical emergency for one of your children. If you are falling behind on child support payments or having trouble caring for your child on your current support level because of a change in your life's circumstances, you may need to look into changing your current child support order. This can be done in a couple of ways. The easiest way is to simply check with the other parent to see if she or he is amenable to changing the support terms. If so, you can typically ask a judge to approve the new terms. If you and the other parent are unable to come to an agreement on modified support terms, you'll need to request a court hearing. At that hearing each of you will make your case for the amount you feel is fair. To get a modifica...

There are times when a person passes away and leaves behind a will that may surprise (or even shock) the survivors because of who is chosen to receive the assets. If you've been left out of a will or feel the terms of a will are unfair, there are certain instances when it may be worth challenging the validity of the will in court, such as when: Your loved one didn't seem mentally fit shortly before death but signed or made changes to his or her will during that time frame A lawyer didn't assist in drafting or executing the will (this can increase the chances that the will doesn't conform with state laws).  The will wasn't signed by your loved one or the signature on the document does not appear to be that of your loved one. Undue influence led to changes in the will. This is sometimes seen when caregivers push for changes that benefit them.  There are inconsistencies between beneficiary designations of the will and other aspects of your loved one's esta...

It's a scenario we see all too often: Let's say you're involved in a wreck that wasn't your fault, suffered some pretty serious injuries, and are filing a personal injury claim to receive compensation for those injuries. Now, let's also say that you were in an accident years ago or have some old, pre-existing injuries or conditions that you feel hurt your claim, so you're thinking about withholding that information from your lawyer. We've got some absolutely critical advice for you: DON'T DO IT! The reason why is that you can be sure that the insurance company will be digging into your past to discover any old accidents or injuries, and trust us, their investigators will find out that information and they will use it against you to minimize or deny your claim altogether. The good news is that if you share that information with your lawyer right from the start, he or she can be completely prepared to deal with those kinds of issues and can build ...

Rollover accidents are among the worst for occupants of a vehicle. Although rollovers account for only 3 percent of all serious crashes, they are responsible for roughly 30 percent of fatalities. Any vehicle can roll over, but taller, narrower vehicles (e.g., SUVs, pickups, and vans) are more susceptible since they have a higher center of gravity and tend to be more top heavy. In addition, rounding a curve or a sudden turn at the wrong speed- or overcorrecting for a sudden turn- renders these vehicles more vulnerable to weight shifts that, when combined with gravity, can lead to rollovers. Steering maneuvers aren't the primary cause of single-vehicle rollovers, however. Bumping into a curb at significant speed, striking a pothole, or two wheels countering a soft roadside shoulder can cause a vehicle to "trip." The government estimates that 95 percent of rollovers are due to "trips". Drivers have a say in minimizing rollover danger. Avoid placing heavy load...

For some people, the excitement of driving a new vehicle quickly dissipates with the emergence of a significant malfunction, defect, or other problem that wasn't part of the deal. To meet the criteria of "lemon," a vehicle must have a substantial defect that presents itself within the warranty limits, or continue to have the defect after a reasonable number of attempts to fix it. Generally speaking, when a defect occurs that is not caused by the owner after purchase- unlike, say, someone driving their car into a lake - and it impairs the use, value, or safety of the vehicle, then it's considered "substantial". If your car meets the terms of substantial defect, the dealer and/or manufacturer get a "reasonable" number of cracks at repairing it. Up to four repair attempts is commonly considered reasonable, but serious safety defects may qualify after just one attempt. A car may also be deemed a lemon if it has exceeded "x" number of days...

In post-divorce situations, there is sometimes tension between two premises: 1) It is generally best for ex-spouses' children to maintain ongoing relationships with both parents; 2) welfare of the children must not be compromised. If the custodial parent believes that their children will be harmed in some ways with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. Generally, dislike and bitterness toward an ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves. Reasons a court may order supervised visits include the noncustodial parent having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and child have been separated for a long time and or have never spent time together; or the noncustodial...

A deposition is the oral testimony of a party or witness in a civil or a criminal proceeding that is taken before trial and it takes place most often at an attorney's office. An attorney asks the questions and the deponent, the person being asked questions, responds to those questions. These questions and answers are recorded by a court reporter/ and or videographer and become testimony. Deposition testimony is generally taken under oath so the court reporter and deponent sign affidavits that state the testimony is accurate. The testimony is then transcribed into a written transcript and used as a discovery tool by attorneys to prepare for trial ------------------ To act "pro se" in a legal claim means that you are representing yourself without the help of an attorney. For those people who do file cases on their own behalf, it is important to understand that the court still expects pro se filer to follow all the rules and procedures that an attorney would follow. ...

Identity theft is a personal violation with potentially severe consequences for the victim. Immediate action can make a difficult situation more bearable: Contact the "big 3" credit bureaus: Equifax, Experian, and the TransUnion. Get a copy of your credit report from each agency; review them thoroughly for accuracy and suspicious activity. Ask the agencies to a fraud alert and to attach it to your report. Call the police. Fill out a crime report at your local police department. Document who you talk to, phone numbers, dates, and time. Obtain copies of the police report; creditors will likely want to review it. Close out accounts that have been fraudulently accessed... or might soon be. Contact all creditors, banks, credit card companies, and other service providers with whom there has been fraudulent activity. Request that creditors report closed accounts as "closed at consumer's request." Stop payment on checks. If you've had checks stolen, contact o...

Opioids are drugs that act on the nervous system to alleviate pain. Some can be legally prescribed by medical doctors; others are illegal, such as heroin. Since the year 2000, the number of heroin users in the United States has nearly tripled, to over 1 million. Deaths attributed to heroin have increased five-fold. All social and economic statuses are affected by this highly addictive and deadly drug, and it has springboarded from once-narrow belt across the Northeast to Midwest to infiltrate every area of the country. In its wake lies shattered families, child abuse and neglect, the heartbreak of infants born into addiction, and the spread of affiliated diseases (e.g., hepatitis and HIV). In the late 1990s, many pharmaceutical companies promoted a wider use of opioids, such as OxyContin, claiming the risk of addiction was extremely low- which wasn't true. Doctors overprescribed opioids on a grand scale for well over a decade. Many patients became hooked. In recent years, the...

If you are arrested for DUI, you will likely want to see the police version of events. You may have to wait a bit, however, as the police report won't be available in most states until your arraignment. And upon review, you may not believe it's referring to you. The police report is a crucial document that possesses the crux of the case against you- namely the account of the incident and all the evidence piled high or low- and can determine if fighting the charge is worthwhile. It will typically contain a checklist for the field sobriety test which consists of three standard tests- a printout of the pas test (a handheld device used to measure blood-alcohol concentration), a print out of the breath machine result, a lab report showing the blood or urine test results- and a written version of events from the police officer(s) at the scene. This written narrative is sometimes a bone of contention. Some police officers fail to treat each DUI as a separate event. They may ...

If you have applied for Social Security Disability (SSD) benefits, be forewarned that roughly 65 percent of applicants are denied initially. Here are some key reasons why: The limit for monthly work income for a disabled person is currently $1,090 ($1,820 if you are blind). If you exceed this limit, you're not eligible.  Your impairment must cause severe limitation to your ability to work and be expected to last at least 12 months or result in your death.  The Social Security Administration (SSA) must be able to contact you regarding your application over the matters. Make sure you are accessible  If you fail to release your medical records, or the SSA asks you to undergo a "consultative examination" conducted by an SSA doctor - e.g., you don't have a regular physician or your medical records may be incomplete - and you refuse, your application will be dismissed. Failing to carry out prescribed therapies ordered by your doctor can cost you, although there are a...

If you are suffering from a debilitating skin condition that is preventing you from working, you may be eligible to receive disability benefits through the Social Security Administration (SSA). The SSA evaluates skin disorders that may result from hereditary, congenital, or acquired pathological processes. The kinds of impairments covered by these listings include: Ichthyosis: genetic skin disorders that produce extremely dry, scaly, flaky, or thickened skin that may painfully crack, bleed, and deteriorate. Bullous diseases: autoimmune diseases that cause painfully large blisters or lesions to form on the skin. Chronic infections of the skin or mucous membranes. Severe dermatitis: any type of disorder that causes severe flaking, itching, swelling, or redness of the skin, including psoriasis, dyshidrosis, atopic dermatitis, exfoliative dermatitis,  and allergic contact dermatitis. Hidradenitis suppurativa: a chronic skin condition that features painful pea sized to marb...

According to a North Carolina Department of Insurance study, over 3.5 million child injuries occur on school grounds or during school-related activities each year in the United States. Sometimes an accident is just that - an accident. Other times an injury may be caused by an intentional act, or the negligence of the school or one of its employees. Bullying is an example of an intentional act. In some instances the school may be held responsible if it knew the bullying may tak place but did not respond appropriately to prevent it. Teacher abuse of a student may leave a school district vulnerable to liability for failing to conduct thorough background checks, offer proper training, or implement acceptable oversight. Schools are obligated to provide shelter, food, transportation, and a safe environment for its students. Generally speaking, if a school fails to follow accepted standards of care in providing these services, and it causes harm to a child, then the school is negligent. ...

A payday loan is a short-term loan that is due to be paid back by the borrower's next payday, generally two weeks. The interest rates (or fees) or payday loans can reach staggering levels - 400 percent or higher. Typically, a person will wind up paying $10 for every $100 borrowed. Payday loans are made by some banks, loan stores, check cashers, and pawn shops. Payday-loan arrangements can also be made through various toll-free number and internet sites. The business through which a loan is arranged often requires your savings and checking account information, and that transactions be made by direct deposit- the money you lend and the money you automatically pay. Others accept postdated checks; if the check bounces, your fees continue to pile up. The lure of a payday loan is that no questions are asked and no credit checks are required. When a personal loan at a bank is difficult to qualify for, a payday loan seems like a harmless option- until the borrower falls behind on payme...