January 27, 2019 / admin / 0 Comments
Divorce in NJ – Lessening its Impact
Divorce in New Jersey has consistently remained as one of the lowest divorce rates in the US. Despite the increasing rate of divorce in the US at 4.95 per 1,000 people in 2009, New Jersey has the second lowest rate. Nevertheless, the constant reality is that divorce does happen regardless of where you are, what you believe in, or in whatever income bracket you come from.
Since its institutionalization in our society, marriage is a covenant that is meant to be forever. This has been the context and content, legally and spiritually, of marital relationships that the state and even religious groups have established and upheld. It is founded on the tenet that the two shall become one and just like a fairy tale, the married couple shall lived happily ever after. These underlying principles of marriage are seen to make the impact of divorce hard on both parties.
The best divorce lawyers in New Jersey realize that couples who were married for a very long time, regardless of the reason for the breakup, there is always some degree of difficulty in the annulment process. A mixed feeling of loneliness, hatred, indifference, and regret becomes evident. It is even worse, when there are little children caught between the dissociating parents.
Thus, there is a need to know how the impact of the marriage split will be lessened so that the legal process will move smoothly in legal and psychological aspects. The divorce lawyers of both parties may proceed with the legal procedures and will not give attention to the prevailing sentiments and emotions among the spouses. However, the rate and manner of the proceedings will be affected when emotions are not kept at bay.
The competence of the lawyer who is dealing with the divorce process must not only cover the legal aspect of the work. He must be able to confront his client on the rationality of every action or reaction that he or she makes. By rationality, it means not only identifying the presenting emotions but also determining what is causing them. It would be very hard for the estranging couple to agree on divorce matters like child custody, partitioning of properties and assets, debts, and many more, when the situation is overwhelmed by raging and rejecting feelings.
When couples discuss the prospect of divorce as an option for a better way of life between them, it provides a sense of anticipation of the forthcoming split up and its possible impact on them. Of course, this must be done in a very sober atmosphere and both need to be conscious where the discussion would lead.
When couples have finally decided to go on separate ways and they are resolved to file divorce proceedings, knowing the marriage and divorce law in the state of their residence would come in handy. Gaining information about provisions on property division, estate evaluation, custody, prenuptial agreements, and other divorce-related issues, purports to better understanding of what they are getting into. It also prevents any speculation and unnecessary argument between the spouses on these subject matters because the law has specific provisions on these.
Divorce will always leave hurt and resentment to the parties involved. Taking steps to lessen it would help diminish its effect, preparing emotionally the husband and wife until they are legally divorced.
December 2, 2018 / admin / 0 Comments
A recent lawsuit by Horizon Blue Cross/Blue Shield of New Jersey has the potential to cripple point of care testing arrangements often employed by drug and alcohol treatment centers. At risk is not only the roughly $36 Million sought to be recouped by BC/BS, but also perhaps the many millions more which may be claimed by other payers as well.
BC/BS is making serious allegations against Avee Laboratories, Alere, Inc., and a number of recovery centers. The factual allegations include: 1.Avee used false and deceptive marketing materials to get recovery centers to order medically unnecessary tests.
2.They offered unlawful inducements to encourage healthcare providers to order POCT.
3.They provided medically unnecessary POCT.
4.They referred their patients to Avee for unnecessary confirmatory testing.
The drug and alcohol treatment community is watching the case closely to see how it may impact (1) their involvement with POCT, and (2) their relationships with tox labs. Activities like the provision of free or reduced fee POCT cups and routine copay or deductible waivers are also mentioned in the suit as being suspect and illegal.
The drug and alcohol treatment community is not the only link in the chain for whom the suit is relevant. Many medical providers perform POCT, including physicians specializing in treating pain. And many of those providers have had communications with tox labs that sound remarkably similar to the ones described in the lawsuit.
The case is very instructive because embedded in it are compliance related suggestions, some of which may not be apparent to many healthcare service providers, like:
1.Confirmatory testing of negative POCT results requires the healthcare provider has documented clinical reasons to believe the negative POCT was inaccurate or inconclusive.
2.Clinical labs must have a compliance program to detect and prevent healthcare providers from performing unnecessary POCT and ordering unnecessary confirmatory testing.
3.A clinical lab may not offer below market value POCT tests and consulting agreements in order to induce healthcare providers to refer tests.
4.Labs may not waive patient financial responsibility to induce healthcare providers to refer urine specimens to the lab.
It is probably common sense to expect that, with claims that amount to this dollar volume, payers are going to pay particular attention to toxicology labs. The suit is a -shot across the bow- of the POCT and tox lab industry. Compliance is king in these arrangements, and all healthcare providers need to look closely at regulatory compliance.
Submit your questions at our Healthcare Legal Blog
November 28, 2018 / admin / 0 Comments
While consulting with your attorney about your immigration gives him every types of information required. Know what the types of information you should inform him are given below:
Provide basic information: Confirm that your attorney has precise, current basic information on you. This includes your email addresses, telephone numbers and mailing addresses. If you do not keep your information updated, you may miss-out important message from USCIS and your Immigration attorney.
Tell him your immigration history: Your immigration attorney should know if you have ever filed any appeals with USCIS in the past. Confirm that your attorney is acquainted with what your filed and when you did. For example, if you never make him or her aware that you previously filed for two k-1 visa, your Immigration attorney cannot accurately tell you about the waiver that you need or to file an I-130 as an alternative. And if you are an established citizen in New Jersey, your New Jersey immigration attorney should know the way you got your immigration like through marriage, family, work, etc. These answers might affect your aptitude to file for immigration benefits.
Let your attorney know your criminal history: Some type of visas requires waivers if the if you have any criminal history. This includes felonies and misdemeanors. You should disclose this information to make sure that it will not be a ground for refutation of your petition.
Disclose your annual earnings: Your Immigration attorney should know how much money you earn and how many person you intend to appeal for. These issues unswervingly have an effect on your capacity to sponsor immigrants.
Disclose the intending immigrant’s immigration history: You need to inform your immigration lawyer when, and how the recipient has ever gone into the US. You also must tell the attorney if the recipient has ever been deprived of a visa, sanctuary, or any other US immigration benefits. If you have been failure to reveal these items might result in a refutation because your attorney did not arranged the right waivers. Not only that you should inform about your beneficiary, who had severe illness, as a waiver may be available for this.
Well if you think that your attorney is not willing to listen all those and behaving unprofessionally you may also make complain against him or her. You may also check with your state’s attorney registration & disciplinary authorities to know about its procedures to register a complaint against an attorney. And also visit some trusted lawyer directory to find an attorney qualified.
September 19, 2018 / admin / 0 Comments
Many people today are undergoing different kinds of surgical treatments and hip replacement surgeries. Hip implant is a surgical procedure that assists in completely removing the diseased cartilage and bone of the hip joint. In addition, it also replaces all these by means of artificial implants. The main purpose of undergoing a hip recall surgery is to get absolutely rid of the serious hip joint’s arthritis. Osteoarthritis is the most common kind of arthritis and is most recurrent among the elderly. Besides osteoarthritis, trauma to the hip, kidney problems, congenital abnormalities, rheumatoid arthritis and necrosis of the hip bone are various other common causes that necessitate a hip recall surgery.
Stryker Corporation is one of the leading manufacturers of orthopedic implants. Over the past three years, there have been frequent patient complaints regarding defective hip and joint replacements from Stryker. Patients have complained about pain, difficulty in walking, uneven component wear, bone fractures, component breakage and discomfort.
Recurrent patient complaints resulted in FDA intervention in the matter and the FDA inspected the company’s facilities at New Jersey and Cork, Ireland. The inspections unearthed many problems, such as striking inconsistencies in manufacturing and quality control and instances of bacterial contamination. Despite the grave risk that these glaring inconsistencies can pose to patients’ health, Stryker failed to discover the source of the bacteria. In response to repeated FDA warnings, Stryker announced Hip Implant Recall of two of its parts used in the Trident line.
If you or your loved one has been injured as a result of defective Stryker implant and is experiencing pain at the site of the implant, broken bones, difficulty walking or Staph infection after the surgery, you must immediately seek the professional advice of a hip recall lawyer. A Stryker recall lawyer will help you in filing a hip replacement lawsuit or hip recall lawsuit and provide effective legal representation. You can sue the company for defective implants and also claim compensation for your suffering and various medical expenses.
August 8, 2018 / admin / 0 Comments
In order for NY personal injury attorneys to build a strong case, they need to know what common defense tactics their counter defense attorneys are using. Below is a list of some common tactics used by defense attorneys:
Provoking Plaintiff to Make Mistakes
A common tactic that is used by the defense is to provoke either the plaintiffs or their NY personal injury attorneys to make mistakes in anticipation of trial or during trial. The goal is to make them angry to cast a negative light in front of the jury. This tactic is effective because anger is generally viewed as a sign of weakness in the plaintiffs case.
Slogans Used By the Plaintiff Against the Plaintiff
Another defense tactic used against the plaintiffs case is for the defense team to use actual cliche or slogans used by the NY personal injury attorneys against them at trial. This tactic is also aimed at showing the weakness of the plaintiffs case in order to get a verdict for the defense.
Use of Creative and Effective Discovery
With the file of suit in a court of law, every piece of information is fair game for either the defense or the plaintiff to obtain from one another through discovery in preparation for trial. Defense will use discovery as a tool to creatively obtain information that would otherwise be unavailable and is generally detrimental to the plaintiffs case.
An Expert Plaintiffs Attorney Will Fight Defense Tactics
Expert NY personal injury attorneys will use knowledge of defense tactics to build their case in such a way that these tactics will be useless and will not cast a negative light in front of the jury. As such, it is imperative that you hire only the best attorney to file your claim in order to get you the fair compensation to which you are entitled for the personal injuries that you have suffered.
Let Us Help
If you or a loved one has been injured in a scaffolding accident, the experienced NY Personal Injury Attorneys at the Law offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us 24 hours a day, 7 days a week at 1-800 WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone number for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800- LAS-LEYES
Please visit us at work4youlaw.com
June 26, 2018 / admin / 0 Comments
If you are in the process of receiving your driver license in the state of New Jersey, you must purchase auto insurance and provide proof of your insurance to the Department of Motor Vehicles if you have a vehicle registered in your name. Every state in the nation requires drivers to purchase some form of automobile insurance to protect third party drivers. Insurance laws in New Jersey differ from several other states. It is important to know what coverages state financial responsibility laws require. If you fail to carry sufficient auto insurance New Jersey you could face serious punishments and penalties including license suspension, registration suspension, fines, tickets, and jail time. Walk into the DMV prepared with the right type of insurance.
The state of New Jersey requires all drivers to carry liability insurance. Liability insurance will protect third parties and will not pay for injuries or damage that the insured suffers. Liability consists of two different coverage types: Bodily Injury and Property Damage. Each of these coverage types have specific limit requirements in the state of New Jersey.
Bodily Injury will pay for injuries suffered by a third party when you are deemed at fault for an accident up to the limits stated on the declarations page of your policy. Auto insurance New Jersey financial responsibility laws require that drivers carry no less than $15,000 per person and $30,000 per accident in Bodily Injury coverage. Property Damage will pay for damage to a third party vehicle. The limit stated on your policy is the maximum your policy will pay no matter how many vehicles are damaged in the accident. The state of New Jersey requires drivers to carry no less than $5000 per accident. Liability coverage can be written in a more simplified manner. The minimum liability limits are often written as follows: 15/30/5.
Unlike many states, New Jersey also requires drivers to protect themselves and their passengers with Personal Injury Protection coverage. This coverage also referred to as PIP, will pay for injuries to you and your passengers sustained in an accident up to the limits stated on the policy. The state requires policyholders to carry no less than $15,000 per person per accident in Personal Injury Protection coverage.
Although there are several other optional coverages available in an auto insurance New Jersey policy, these are the required coverage you must purchase to satisfy state mandated laws. Choosing not to carry insurance can cost you far more in the long run in fines and lawsuits. Protect yourself and abide by the law by purchasing New Jersey auto insurance right when you are licensed. With affordable coverage available from leading insurers, you do not have to break the bank to invest in protection.
February 14, 2018 / admin / 0 Comments
Getting immigration permission from the higher authorities of any country can be a hard task for those people who are planning to settle abroad. Therefore, it is necessary to seek an experienced immigration lawyer. Immigration is extremely critical so choosing the right qualified New Jersey immigration attorney will make the difference. One should always make sure to choose an attorney who is licensed to practice in the United States jurisdiction and is in good standing with the state bar of New Jersey.
If you are in New Jersey, USA then before hiring any Immigration Lawyer in New Jersey, you should make sure that the firm should be dedicated to protect your rights and should handle your case with the personal attention. Samuel D. Bornstein, P.A. gives full attention and support to their clients. Samuel D. Bornstein, P.A. provides the time to overcome the client’s requirement regarding the immigration case and their trained immigration lawyers quickly determine how to resolve your problems through the legal structure. From the very basic, family and business visas to the naturalization and deportation cases they provide the complete knowledge, information and experience to assist with all your immigration requirements.
The immigration lawyers of Samuel D. Bornstein, P.A. keenly recognizes the specified complications that can arise when involved with federal immigration regulations. In addition, as a New Jersey immigration lawyer, they know circumstances and confusion that can surround immigration, deportation, naturalization and other issues for you and your family members. Samuel D. Bornstein, P.A. helps individuals and businesses with all the manner of immigration, naturalization, deportation issues, including obtaining of temporary visas, etc. They offer the following services:
Family and Employment Based Cases Deportation & Removal All Visas and Consulate Processing Employment-Based Legal Permanent Residence Citizenship & Naturalization
Remember, with an experienced, focused, attentive, strategic and creative representation, you can resolve immigration issues efficiently. Proficient law firm and experts primarily concentrate on comprehensive details and gives personal attention to their clients. This approach provides an edge in obtaining a successful and an efficient resolution of both individual and business matters. Initial discussion of your immigration issue, to schedule a consultation or case evaluation could be extremely helpful. About The Author:
Author, Samuel D. Bornstein, is associated with the law firm () and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their “in house” lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.