"Bad faith" laws are state laws that seek to penalize insurance companies for denying, delaying or withholding payments or other benefits to policyholders that file legitimate claims covered by valid policies. Some industry observers argue that the reason there is no federal legislation in this area is because of the size and strength of the insurance industry, and its powerful lobbyists and political allies. Be that as it may, it is important to deal with the reality of bad faith law, and understanding what "bad faith" is, and how it is defined by the 50 states that establish its limits and liabilities, is crucial to dealing effectively with an intransigent insurer.
Many state laws are based, in whole or part, on legislation researched, argued over and passed in other states, so there really are not 50 "unique" state laws. Certainly they embody differences, even some major ones, yet they all still share more than a few important characteristics. Generally speaking, fiduciary relationships – which insurance policies create between people (and/or their companies) and insurers by dint of the premiums being paid and promises being made – require the parties to both act in good faith and uphold any obligations they have agreed to, and/or have been paid for. Some states get more specific in their bad faith legislation, in effect admonishing insurance companies to act, and be able prove that they are acting, in the best interest of policyholders.
Interests and duties
Some state bad faith laws list specific "duties" that an insurance company must fulfill. Insurers are instructed to "look for coverage" if policyholders make honest claims, instead of seeking ways to deny them. In accordance with other "good faith" and "fair dealings" principles and practices, bad faith law might also require insurance companies to settle claims one way or another in a specified time frame, in some states, or a "reasonable" amount of time, in others. The judicial systems of many states, of course, establish these time frames in a manner more de facto than de jure, but the parties to any particular state's procedures will know how the system works. The proceedings benefit greatly from their transparency, too.
Bad faith laws require insurers, in all dealings with policyholders, to cooperate fully, respond promptly answer questions completely. This means, in practice, that insurance companies must tell policyholders the precise reason(s) that a claim or benefit is being denied. In doing this, the companies are also required to cite the specific policy provisions on which its adjusters based their decisions. Bad faith law does much more than encourage or persuade insurance companies to act responsibly, fairly, honestly and in a timely manner in all policyholder affairs. It compels them to do so, quite simply, and has various ways to punish them when they do not.
Bad faith recourses
If they suffer damages at the hands of their insurance companies, policyholders are empowered under bad faith laws to seek relief with a personal injury (tort) lawsuit. If an insurance company is found to have acted in bad faith, it can be ordered to pay the policyholder the full amount of the original claim plus any losses resulting from that initial benefits denial. In fact, some bad faith laws have provisions whereby an insurer can be forced to pay punitive damages on top of the claim settlement. Like any other punitive judgment, this is supposed to send a strong message to other firms that may have unfair practices, as well as deter the wrongdoer from repeating the proscribed behavior. The aim of the law, of course, is to obtain justice for the wronged parties, in this case honest policyholders who have been, in point of fact, robbed of their benefits and claims payments.
It is helpful to think of bad faith laws as part of the enlightened consumer protection legislation that is a hallmark of advanced societies. However, so as not to be abused and manipulated, these laws are subject to the same kinds of limitations as other civil and criminal proceedings. The statute of limitations for these bad faith laws – the time period in which policyholders can file bad faith claims – varies from state to state. It may also vary within a state, due to differences in the way cases are presented, specific features of the company or the policy, the nature of the claim and the severity of the alleged action or (inaction). There are no "unimportant details" in any modern legal proceeding, and bad faith law can be as confusing and difficult as any other. Remember, too, that bad faith cases pit ordinary citizens against huge, billion-dollar corporations with expensive attorneys (good ones, too), so this is an area where you really must avail yourself of top lawyers specializing in the field.
When the insurance companies refuse to give you what you paid for - Abourez Law will be there. Our lawyers that handle insurance bad faith will help make sure you get the claim you're entitled to.
Sunday, March 22, 2009
10 Tips to Getting Your Taxes Done by IRS Deadlines
Let’s face it. Tax season can be a huge bummer for most people, and it seems the more you try and avoid it the more it comes back to haunt you.
Although preparing tax returns can be a daunting task, there are ways to get organized beforehand in order to avoid a disaster. The Tax Fairy is not going to excuse you from filing this year but these 10 helpful tips might help alleviate any problems due to procrastination or misunderstanding.
1. Get serious. Taxes are no laughing matter and the smallest mistake can have you pulling your hair out. Gather your materials that you will need before you begin. Make a list of the necessary paperwork, etc., to prepare yourself. In other words, get your attitude right!
2. Get started. Take action to start preparing your taxes immediately. The longer you postpone doing them, the worse it will be, and you’re only running from the inevitable. It always catches up to you in the long run, especially when the letters “IRS” (Internal Revenue Service) are involved. So get to it!
3. Get organized. Something has to go on those returns rather than made-up numbers. Get your W-2s together to report wages, be prepared to report interest and dividends, get your 1099Bs and 1098s and 1099s together, too – for reporting stock and bond sales, for deducting your interest and taxes, for backing up any and every entry. The IRS and your accountant, if you use one, both want final and accurate numbers. It makes it easier for them and less painful financially for you. If you bring a shopping bag full of receipts to the table, or to H&R Block, you're going to feel the pain, perhaps most especially in your wallet.
4. Get help. You might remove a splinter from your own finger, but you wouldn’t perform surgery on yourself. Don’t do your taxes if they are too complicated for your skill level. If you take the chance of doing your own taxes when you really have no clue as to what you’re doing, you can get yourself into a world of hurt. Be careful and don’t be afraid to get the help you need. That’s what the professionals are there for. The flipside of getting help is that it is also tax deductible! How can you go wrong?
5. Get the right status. Decide how you're going to file. The lowest rates are with joint returns, but with lots of medical or miscellaneous deductions the “married filing separate” status may yield a lower total tax. Try it both ways. Alternatively, a single mother may qualify for the head-of-household rates, which are better than the rates for filing as a single. Sometimes, when a joint return isn't practical, even a married person with a dependent child can qualify for head-of-household rates, which are much better than married filing separate. You need to know the rules.
6. Get adjusted. There are certain deductions that are allowed regardless of whether you itemize or not. Such deductions include IRA and qualified pension contributions, moving expenses, alimony student loan interest, medical savings account deductions and, for the self-employed, health insurance deductions and credit for half the self-employment taxes paid.
7. Get itemized. Make a list of your standard deductions and compare the total to your total allowable itemized deductions. The latter is the sum of your allowed taxes, interest, charitable contributions, medical expenses, casualty and theft losses, and miscellaneous itemized expenses.
8. Get exemptions. For 2008, you get to take off as much as is allowed from your income for each qualified exemption you have. Despite anecdotes and even tall tales to the contrary, this can include several unanticipated things, and you may be surprised as to what those exemptions actually are. Look into it.
9. Get cash. Decide how you're going to file, as that's going to affect how quickly you'll get your refund. If you choose to file electronically, then you are looking at a quicker refund as opposed to paper filing and the mails going both directions, which can take from several weeks to several months. Certain businesses, like H&R Block, also do what are called “rapid refunds” that can get you your money in about a day in most cases. Of course, there are certain requirements (and fees) for such services.
10. Get filed. None of the foregoing even matters if you don't actually get your return to the IRS. If you owe money, there's interest and penalties for not filing, as for filing late, in addition to interest and penalties for not paying up. You've done the hard work, so now make sure to get it off your desk – or file for an extension. Even if you do file for an extension, you have to do that in time, too.
It’s all about time when you’re filing taxes. Spend the time, and do it all on time, too!
1040-Tax Extension will file your online tax extension with the IRS and guarantee that the IRS will accept your application. Visit us online for automatic extension on your individual tax return.
Although preparing tax returns can be a daunting task, there are ways to get organized beforehand in order to avoid a disaster. The Tax Fairy is not going to excuse you from filing this year but these 10 helpful tips might help alleviate any problems due to procrastination or misunderstanding.
1. Get serious. Taxes are no laughing matter and the smallest mistake can have you pulling your hair out. Gather your materials that you will need before you begin. Make a list of the necessary paperwork, etc., to prepare yourself. In other words, get your attitude right!
2. Get started. Take action to start preparing your taxes immediately. The longer you postpone doing them, the worse it will be, and you’re only running from the inevitable. It always catches up to you in the long run, especially when the letters “IRS” (Internal Revenue Service) are involved. So get to it!
3. Get organized. Something has to go on those returns rather than made-up numbers. Get your W-2s together to report wages, be prepared to report interest and dividends, get your 1099Bs and 1098s and 1099s together, too – for reporting stock and bond sales, for deducting your interest and taxes, for backing up any and every entry. The IRS and your accountant, if you use one, both want final and accurate numbers. It makes it easier for them and less painful financially for you. If you bring a shopping bag full of receipts to the table, or to H&R Block, you're going to feel the pain, perhaps most especially in your wallet.
4. Get help. You might remove a splinter from your own finger, but you wouldn’t perform surgery on yourself. Don’t do your taxes if they are too complicated for your skill level. If you take the chance of doing your own taxes when you really have no clue as to what you’re doing, you can get yourself into a world of hurt. Be careful and don’t be afraid to get the help you need. That’s what the professionals are there for. The flipside of getting help is that it is also tax deductible! How can you go wrong?
5. Get the right status. Decide how you're going to file. The lowest rates are with joint returns, but with lots of medical or miscellaneous deductions the “married filing separate” status may yield a lower total tax. Try it both ways. Alternatively, a single mother may qualify for the head-of-household rates, which are better than the rates for filing as a single. Sometimes, when a joint return isn't practical, even a married person with a dependent child can qualify for head-of-household rates, which are much better than married filing separate. You need to know the rules.
6. Get adjusted. There are certain deductions that are allowed regardless of whether you itemize or not. Such deductions include IRA and qualified pension contributions, moving expenses, alimony student loan interest, medical savings account deductions and, for the self-employed, health insurance deductions and credit for half the self-employment taxes paid.
7. Get itemized. Make a list of your standard deductions and compare the total to your total allowable itemized deductions. The latter is the sum of your allowed taxes, interest, charitable contributions, medical expenses, casualty and theft losses, and miscellaneous itemized expenses.
8. Get exemptions. For 2008, you get to take off as much as is allowed from your income for each qualified exemption you have. Despite anecdotes and even tall tales to the contrary, this can include several unanticipated things, and you may be surprised as to what those exemptions actually are. Look into it.
9. Get cash. Decide how you're going to file, as that's going to affect how quickly you'll get your refund. If you choose to file electronically, then you are looking at a quicker refund as opposed to paper filing and the mails going both directions, which can take from several weeks to several months. Certain businesses, like H&R Block, also do what are called “rapid refunds” that can get you your money in about a day in most cases. Of course, there are certain requirements (and fees) for such services.
10. Get filed. None of the foregoing even matters if you don't actually get your return to the IRS. If you owe money, there's interest and penalties for not filing, as for filing late, in addition to interest and penalties for not paying up. You've done the hard work, so now make sure to get it off your desk – or file for an extension. Even if you do file for an extension, you have to do that in time, too.
It’s all about time when you’re filing taxes. Spend the time, and do it all on time, too!
1040-Tax Extension will file your online tax extension with the IRS and guarantee that the IRS will accept your application. Visit us online for automatic extension on your individual tax return.
Understanding Canada’s Legal System
As in many Western nations, the “supreme law” in Canada is its Constitution, which is a combination of both codified and uncodified acts, conventional practices and traditions. The Constitution Act, 1867, which was originally known as the British North America Act, provides the core of the Canadian Constitution and describes the structure and workings of government at the federal and provincial levels, among other things. The Constitution Act, 1982, including the Charter of Rights and Freedoms that functions as an “embedded” bill of rights, is also an integral part of the nation’s Constitution.
As it has a long and storied history as a member of the Commonwealth, Canada’s legal system is solidly entrenched in the British common law tradition. Its own, separate history as a French colony makes Quebec a special case in many aspects of law, and to this day it retains a unique civil system for handling issues of “private” law. Both systems are subject to, and protected by, the Constitution of Canada.
Legislation
The Canadian Parliament and the several provincial legislatures pass various acts that then become a part of the legal system. In a manner reminiscent of the U.S. Constitution’s principle of “enumerated powers,” Sections 91 and 92 of the Constitution Act, 1867 define the areas in which the federal and provincial levels of government may enact laws.
The Canada Gazette publishes new statutes and regulations enacted by the federal government, and bills that receive Royal Assent are then republished in what is called the Annual Statutes of Canada. Occasionally, and without regard to any regular periodicity, the federal government will aggregate all current laws into a compendium or collection known as the Revised Statutes of Canada. The Canadian government last did this in the mid-1980s.
In the 10 provinces of Canada, laws are proposed, debated, pass and published in much the same way they are at the federal level. The new laws, officially known as “Acts,” are published in provincial magazines that are published annually. The provincial laws are also consolidated on occasion.
Criminal law
The Canadian Criminal Code is applied the same way throughout the nation, as all criminal laws are written and passed at the federal level. The provinces do not pass criminal legislation since that is considered to be beyond their powers according to the Constitution Act, 1982.
On the other hand, the provinces are in charge of running their own court systems, including criminal courts, even though they are prohibited from to enact criminal laws of their own. Therefore, provincial criminal courts do, in fact, exist, despite the fact that there is no such thing as a provincial criminal law.
The provinces do have the ability to create and enforce regulations, however, and a wide range of administrative rules and regulations are evident in every region of the country. Some critics maintain that it is through such administrative rules that the provinces have sought to evade the Canadian Constitution’s ban on provincial lawmaking.
In fact, before the Canadian Charter of Rights and Freedoms was established in 1982, provincial rules and regulations were often challenged on the basis of their being, in effect, criminal statutes. The Supreme Court of Canada, in fact, struck down a number of provincial laws attempting to restrict prostitution, pornography and reproductive rights, opining that the provinces had overstepped their authority by passing criminal laws.
Civil law
Civil law in Canada comprises areas of law dealing with disputes between discrete parties, and by legal definition “parties” includes government, corporations and individuals. Courts will render decisions on such disparate subjects as contractual matters, torts and property cases, among many others.
A fast growing area of the Canadian justice system is administrative law. This body of law describes the operation and aim of such federal and provincial administrative tribunals as labor, human rights and workers' compensation appeal boards. Superior courts may review these tribunals’ decisions (in the case of federal decisions, the Federal Court Trial Division or the Federal Court of Appeal performs the reviews), but the courts accord these hearing boards wide latitude and rarely reverse their decisions outright. Courts are more likely to overturn tribunals’ decisions when they doubt that the expertise of the panel is sufficient for rendering a decision on the subject matter before it.
Summary
A full understanding of Canada’s legal system is impossible without noting that local (or municipal) law is essentially non-existent. That is, municipal and regional laws are the exclusive jurisdiction of provincial legislatures, and vary from province to province rather than among cities or towns. Paralleling the U.S. Constitution’s 14th Amendment extending “equal protection of the laws,” however, the Supreme Court of Canada has determined that the nation’s Charter of Rights and Freedoms does apply to the various “activities” of municipal governments.
Finally, it should be noted that Canada’s legal system is quite open to using case precedents from both England and the United States when there are insufficient ones in the corpus of Canadian law. For the most part, Canadian jurists will refer to American cases dealing with privacy rights, as the U.S. has many precedents in that area. However, they often consider decisions by both the English Court of Appeal and the House of Lords when judging a wide range of matters. Once a Canadian court has established a non-Canadian court or magistrate as being a “persuasive authority,” it can use their decisions as foundations for its own. In this way, Canada’s legal system truly incorporates a “living” body of laws.
Process Servers Canada.com is Canada’s premier online legal directory. Visit online for our useful directory of almost any process server within Canada.
As it has a long and storied history as a member of the Commonwealth, Canada’s legal system is solidly entrenched in the British common law tradition. Its own, separate history as a French colony makes Quebec a special case in many aspects of law, and to this day it retains a unique civil system for handling issues of “private” law. Both systems are subject to, and protected by, the Constitution of Canada.
Legislation
The Canadian Parliament and the several provincial legislatures pass various acts that then become a part of the legal system. In a manner reminiscent of the U.S. Constitution’s principle of “enumerated powers,” Sections 91 and 92 of the Constitution Act, 1867 define the areas in which the federal and provincial levels of government may enact laws.
The Canada Gazette publishes new statutes and regulations enacted by the federal government, and bills that receive Royal Assent are then republished in what is called the Annual Statutes of Canada. Occasionally, and without regard to any regular periodicity, the federal government will aggregate all current laws into a compendium or collection known as the Revised Statutes of Canada. The Canadian government last did this in the mid-1980s.
In the 10 provinces of Canada, laws are proposed, debated, pass and published in much the same way they are at the federal level. The new laws, officially known as “Acts,” are published in provincial magazines that are published annually. The provincial laws are also consolidated on occasion.
Criminal law
The Canadian Criminal Code is applied the same way throughout the nation, as all criminal laws are written and passed at the federal level. The provinces do not pass criminal legislation since that is considered to be beyond their powers according to the Constitution Act, 1982.
On the other hand, the provinces are in charge of running their own court systems, including criminal courts, even though they are prohibited from to enact criminal laws of their own. Therefore, provincial criminal courts do, in fact, exist, despite the fact that there is no such thing as a provincial criminal law.
The provinces do have the ability to create and enforce regulations, however, and a wide range of administrative rules and regulations are evident in every region of the country. Some critics maintain that it is through such administrative rules that the provinces have sought to evade the Canadian Constitution’s ban on provincial lawmaking.
In fact, before the Canadian Charter of Rights and Freedoms was established in 1982, provincial rules and regulations were often challenged on the basis of their being, in effect, criminal statutes. The Supreme Court of Canada, in fact, struck down a number of provincial laws attempting to restrict prostitution, pornography and reproductive rights, opining that the provinces had overstepped their authority by passing criminal laws.
Civil law
Civil law in Canada comprises areas of law dealing with disputes between discrete parties, and by legal definition “parties” includes government, corporations and individuals. Courts will render decisions on such disparate subjects as contractual matters, torts and property cases, among many others.
A fast growing area of the Canadian justice system is administrative law. This body of law describes the operation and aim of such federal and provincial administrative tribunals as labor, human rights and workers' compensation appeal boards. Superior courts may review these tribunals’ decisions (in the case of federal decisions, the Federal Court Trial Division or the Federal Court of Appeal performs the reviews), but the courts accord these hearing boards wide latitude and rarely reverse their decisions outright. Courts are more likely to overturn tribunals’ decisions when they doubt that the expertise of the panel is sufficient for rendering a decision on the subject matter before it.
Summary
A full understanding of Canada’s legal system is impossible without noting that local (or municipal) law is essentially non-existent. That is, municipal and regional laws are the exclusive jurisdiction of provincial legislatures, and vary from province to province rather than among cities or towns. Paralleling the U.S. Constitution’s 14th Amendment extending “equal protection of the laws,” however, the Supreme Court of Canada has determined that the nation’s Charter of Rights and Freedoms does apply to the various “activities” of municipal governments.
Finally, it should be noted that Canada’s legal system is quite open to using case precedents from both England and the United States when there are insufficient ones in the corpus of Canadian law. For the most part, Canadian jurists will refer to American cases dealing with privacy rights, as the U.S. has many precedents in that area. However, they often consider decisions by both the English Court of Appeal and the House of Lords when judging a wide range of matters. Once a Canadian court has established a non-Canadian court or magistrate as being a “persuasive authority,” it can use their decisions as foundations for its own. In this way, Canada’s legal system truly incorporates a “living” body of laws.
Process Servers Canada.com is Canada’s premier online legal directory. Visit online for our useful directory of almost any process server within Canada.
How to Become a Student in the US
You’ve finished school. You’ve got your whole future ahead of you. Lots of questions. Lots of possible answers. One possibility is to continue your studies in the US. But how do you go about it? What steps do you take to ensure that your American educational experience is a success?
Choosing a School
The first thing you have to consider is which US school is right for you. The American secondary educational system is extensive, offering everything from professional certificates to doctoral degrees. There are schools of every size, from small, private institutions to large, bustling state university campuses. The choices seem limitless.
Your first decision to make is your course of study. Determining what you want your future career to be will help determine what sort of school you need to attend. Can you acquire your education at a trade or vocational school? Do you need an Associates, Bachelor’s or even higher degree? Once you’ve determined the type of educational institution to attend, you’ll have to decide to which school you send your application for admission. If possible, do some research, especially among the school’s international student community. Just because a school is considered to be prestigious in one or two areas does not mean that all of its programs are just as strong. Weaknesses are inevitable. Make sure your program of interest is considered one of the best the school has to offer. If not, choose another school. Community attitudes are also something to consider. You don’t want to place yourself in an unfriendly atmosphere, on or off campus.
Each school also has its own admission requirements. Contact the school you are interested in to ensure that the information you have is up-to-date and accurate. Research other schools, too, in addition to just one. Many large colleges and universities receive numerous applications but accept very few new students, while other schools accept nearly everyone who applies. Spare the heartache of being rejected by having an alternative second choice already picked out.
Obtaining Your Student Visa
You’ve been selected by the school of your choice. Now, how to you go about getting here? You must first apply for a student visa. A visa allows you to travel to a US port-of-entry and apply to the immigration officer there for entry into the country. It does not guarantee entry will be given, but it is the next step in your US academic success. There are several different types of US student visas – the F - 1, the J - 1, and the M - 1.
The F-1 visa is for students studying at an accredited US college or university, or studying English at a college or university, or attending an English language course at an intensive language institution. It is the most common student visa applied for and granted to foreign students.
The J – 1 type student visa is for those who are participating in a student exchange program. It allows you to trade places with an American student for a specified period of time.
The M – 1 student visa is for those pursuing technical or vocational, but not academic, education in the United States. Nonacademic programs offer educational opportunities for students wishing to pursue careers that do not require academic degrees. Many are certificate or diploma programs.
Whichever type of visa you determine you will need, you’ll need a form from your chosen college or institution, either an I-20 or a DS-209. These forms state your entry qualification as an accepted and enrolled student in a US school. You’ll also need to schedule and complete a visa interview at the embassy or consulate nearest you. Since acquiring the appropriate form and interview can take some time, it is essential that you begin well in advance of the start of your courses. You cannot enter the US more than 30 days before the start of your classes, but it still better to be completely ready to arrive than to chance being late or even hurried.
Your First Weeks as a US Student
You’ll want to arrive early enough to settle in, making your dorm or apartment a comfortable, pleasant place to live. First year students, no matter how fervently engaged in learning and social activities, tend to experience feelings of loneliness, homesickness and culture shock. Creating a warm, inviting, safe place to come home to at the end of a bad day is important to both your mental and emotional state.
You’ll also want to acquaint yourself with the campus and the community surrounding it, whether New York City or a small town in rural America. Being familiar with campus will help you navigate buildings and classrooms, easing some of the anxieties often associated with new environments. Getting to know your school’s community can offer you new and exciting cultural experiences as you get to hear, see, smell, taste and touch “real America.” You may find a haven away from the hustle and bustle of campus, or a religious or cultural center that can make you feel a little closer to home.
Most large US colleges and universities have social groups specifically for foreign students. Some are culture or language specific, while others may just offer the company of other students far from home These groups or clubs can be excellent places to meet and socialize, especially if your language skills make socializing with English speaking student uncomfortable.
Keeping a journal, scrapbook or photo album will create an invaluable memoir of your time spent in the US as a student. Begin early, taking photos or writing journal entries from your first day. Not only will they serve to preserve memories you may otherwise forget, they can offer a record of your journey, from being a “stranger in a strange land” to a confident, comfortable “citizen of the world” upon graduation.
Power Visa.com is an online, full-service immigration lawyer to help with your immigration needs. Visit them online today.
Choosing a School
The first thing you have to consider is which US school is right for you. The American secondary educational system is extensive, offering everything from professional certificates to doctoral degrees. There are schools of every size, from small, private institutions to large, bustling state university campuses. The choices seem limitless.
Your first decision to make is your course of study. Determining what you want your future career to be will help determine what sort of school you need to attend. Can you acquire your education at a trade or vocational school? Do you need an Associates, Bachelor’s or even higher degree? Once you’ve determined the type of educational institution to attend, you’ll have to decide to which school you send your application for admission. If possible, do some research, especially among the school’s international student community. Just because a school is considered to be prestigious in one or two areas does not mean that all of its programs are just as strong. Weaknesses are inevitable. Make sure your program of interest is considered one of the best the school has to offer. If not, choose another school. Community attitudes are also something to consider. You don’t want to place yourself in an unfriendly atmosphere, on or off campus.
Each school also has its own admission requirements. Contact the school you are interested in to ensure that the information you have is up-to-date and accurate. Research other schools, too, in addition to just one. Many large colleges and universities receive numerous applications but accept very few new students, while other schools accept nearly everyone who applies. Spare the heartache of being rejected by having an alternative second choice already picked out.
Obtaining Your Student Visa
You’ve been selected by the school of your choice. Now, how to you go about getting here? You must first apply for a student visa. A visa allows you to travel to a US port-of-entry and apply to the immigration officer there for entry into the country. It does not guarantee entry will be given, but it is the next step in your US academic success. There are several different types of US student visas – the F - 1, the J - 1, and the M - 1.
The F-1 visa is for students studying at an accredited US college or university, or studying English at a college or university, or attending an English language course at an intensive language institution. It is the most common student visa applied for and granted to foreign students.
The J – 1 type student visa is for those who are participating in a student exchange program. It allows you to trade places with an American student for a specified period of time.
The M – 1 student visa is for those pursuing technical or vocational, but not academic, education in the United States. Nonacademic programs offer educational opportunities for students wishing to pursue careers that do not require academic degrees. Many are certificate or diploma programs.
Whichever type of visa you determine you will need, you’ll need a form from your chosen college or institution, either an I-20 or a DS-209. These forms state your entry qualification as an accepted and enrolled student in a US school. You’ll also need to schedule and complete a visa interview at the embassy or consulate nearest you. Since acquiring the appropriate form and interview can take some time, it is essential that you begin well in advance of the start of your courses. You cannot enter the US more than 30 days before the start of your classes, but it still better to be completely ready to arrive than to chance being late or even hurried.
Your First Weeks as a US Student
You’ll want to arrive early enough to settle in, making your dorm or apartment a comfortable, pleasant place to live. First year students, no matter how fervently engaged in learning and social activities, tend to experience feelings of loneliness, homesickness and culture shock. Creating a warm, inviting, safe place to come home to at the end of a bad day is important to both your mental and emotional state.
You’ll also want to acquaint yourself with the campus and the community surrounding it, whether New York City or a small town in rural America. Being familiar with campus will help you navigate buildings and classrooms, easing some of the anxieties often associated with new environments. Getting to know your school’s community can offer you new and exciting cultural experiences as you get to hear, see, smell, taste and touch “real America.” You may find a haven away from the hustle and bustle of campus, or a religious or cultural center that can make you feel a little closer to home.
Most large US colleges and universities have social groups specifically for foreign students. Some are culture or language specific, while others may just offer the company of other students far from home These groups or clubs can be excellent places to meet and socialize, especially if your language skills make socializing with English speaking student uncomfortable.
Keeping a journal, scrapbook or photo album will create an invaluable memoir of your time spent in the US as a student. Begin early, taking photos or writing journal entries from your first day. Not only will they serve to preserve memories you may otherwise forget, they can offer a record of your journey, from being a “stranger in a strange land” to a confident, comfortable “citizen of the world” upon graduation.
Power Visa.com is an online, full-service immigration lawyer to help with your immigration needs. Visit them online today.
What to Expect From Jury Duty
Let’s face it, no one likes getting a jury duty request. The first sign that you will heading down the bureaucratic path is when you receive a letter in the mail regarding a trial date and time that you’re expected to arrive. Your name can end up on the prospective juror list if it’s in one or more databases, including voter registrations, utility bills, driver’s licenses and property tax rolls. Regardless of your situation and how you ended up getting “called for jury duty,” there are certain criteria that must be met and answers that must be filed with the court clerk before you arrive in the courtroom.
When you get your letter, there will be a set of instructions with it. It really will pay you in the long run to (a) keep this letter, (b) read it carefully and (c) do what it tells you. There are now fines and other civil penalties that can be meted out if you ignore the letter, which is, in point of fact, a legal summons. Be sure to check the due date on the card, and note that (in many locales) the first thing you must do is call a specified phone number and check in. If there is no reason that you cannot serve, you will be told to show at the appointed time and place.
Exemptions and exclusions
If, after reading the instructions, you see that you are not required to serve, you will have to fill a form and mail it in. There is a section to fill out for individuals that have legitimate excuses to miss jury duty. Of course, there are no longer very many reasons that the court will accept. All of the exemption options available to you will be listed on the letter’s questionnaire.
If you have been convicted of a felony, are a sworn peace officer currently on active duty, are in the military (with certain exceptions) or are the sole support and care for an elderly or disabled person, you will be disqualified from service in most states. Again, if you have determined that you are not eligible for an excused absence, you are normally expected to call a phone number on the letter to confirm the specific time and place of your jury duty.
Going to court
If you are selected to be in a pool of potential jurors, you will need to arrive on time, without fail. Being a little bit early never hurts, but being even a bit late can get you in hot water. Missing the appointment entirely will result in a bench warrant being issued in some states and counties. When you finally do get to the right place, there will typically be a court officer (bailiff, sheriff, clerk) that will hand you a form to complete with your name and various other types of information that the court needs.
This information you supply will be combined with other data and used to help select the final panel of jurors that will be seated for the trial. Once the officer has collected each form, the judge is then informed that the potential jurors have been “prepped” and they will then be taken into the courtroom.
From Rome to Britain to America
Defense attorneys are present in the courtroom when the “jury pool” arrives, and defendants may or may not be depending upon a number of legal circumstances. In criminal trials, the plaintiff is a prosecutor for the state or county in which the crime was committed, with the case being filed by the district attorney’s office in most jurisdictions. The judge will brief those present in court, including any spectators or media in the gallery, about the case and then the jury selection begins.
“Voir dire” (vwahr deer) is a phrase in law that derives from an Anglo-Norman corruption of the Latin phrase “verum dicere” (to tell the truth). It refers to the process whereby attorneys for both sides, the plaintiff/prosecution and the defense, ask questions of potential jurors to determine their suitability for open-minded, even-handed deliberations. As each name is called, attorneys from both sides will ask the individuals certain questions about themselves and their beliefs, as well as things pertaining to the case. This is the only way to determine if that person will be a suitable choice for the final jury that is “impaneled” to hear the case.
Civic duty can cost you
If you are chosen as a juror, your service is required as a prospective juror for a minimum of one day. In most every jurisdiction the court will tell you to be prepared to remain the entire day. You will typically be advised that, if sworn in as a juror, your jury service will continue until the trial is complete, with the average trial nationwide taking from three days to one week. However, you cannot know in advance how long your service will be. This can present some problems for working people, students and parents of small children.
Some employers will reimburse employees for jury duty time, while others will not. The “per diem” (daily payment) from courts ranges from zero in some states to $15 in California, commencing on the second day of the trial (the first one is always free, as the old saying goes). You will no longer be excused for financial hardship in most states, so get a babysitter for the kids, use up your vacation time and figure out a way to make up for the loss of pay. The fact is, juries are one of a free nation’s best bulwarks against tyranny in government, and everyone should be willing to serve when called.
Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases---in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including intellectual property, business torts, brain injury and commercial litigation
When you get your letter, there will be a set of instructions with it. It really will pay you in the long run to (a) keep this letter, (b) read it carefully and (c) do what it tells you. There are now fines and other civil penalties that can be meted out if you ignore the letter, which is, in point of fact, a legal summons. Be sure to check the due date on the card, and note that (in many locales) the first thing you must do is call a specified phone number and check in. If there is no reason that you cannot serve, you will be told to show at the appointed time and place.
Exemptions and exclusions
If, after reading the instructions, you see that you are not required to serve, you will have to fill a form and mail it in. There is a section to fill out for individuals that have legitimate excuses to miss jury duty. Of course, there are no longer very many reasons that the court will accept. All of the exemption options available to you will be listed on the letter’s questionnaire.
If you have been convicted of a felony, are a sworn peace officer currently on active duty, are in the military (with certain exceptions) or are the sole support and care for an elderly or disabled person, you will be disqualified from service in most states. Again, if you have determined that you are not eligible for an excused absence, you are normally expected to call a phone number on the letter to confirm the specific time and place of your jury duty.
Going to court
If you are selected to be in a pool of potential jurors, you will need to arrive on time, without fail. Being a little bit early never hurts, but being even a bit late can get you in hot water. Missing the appointment entirely will result in a bench warrant being issued in some states and counties. When you finally do get to the right place, there will typically be a court officer (bailiff, sheriff, clerk) that will hand you a form to complete with your name and various other types of information that the court needs.
This information you supply will be combined with other data and used to help select the final panel of jurors that will be seated for the trial. Once the officer has collected each form, the judge is then informed that the potential jurors have been “prepped” and they will then be taken into the courtroom.
From Rome to Britain to America
Defense attorneys are present in the courtroom when the “jury pool” arrives, and defendants may or may not be depending upon a number of legal circumstances. In criminal trials, the plaintiff is a prosecutor for the state or county in which the crime was committed, with the case being filed by the district attorney’s office in most jurisdictions. The judge will brief those present in court, including any spectators or media in the gallery, about the case and then the jury selection begins.
“Voir dire” (vwahr deer) is a phrase in law that derives from an Anglo-Norman corruption of the Latin phrase “verum dicere” (to tell the truth). It refers to the process whereby attorneys for both sides, the plaintiff/prosecution and the defense, ask questions of potential jurors to determine their suitability for open-minded, even-handed deliberations. As each name is called, attorneys from both sides will ask the individuals certain questions about themselves and their beliefs, as well as things pertaining to the case. This is the only way to determine if that person will be a suitable choice for the final jury that is “impaneled” to hear the case.
Civic duty can cost you
If you are chosen as a juror, your service is required as a prospective juror for a minimum of one day. In most every jurisdiction the court will tell you to be prepared to remain the entire day. You will typically be advised that, if sworn in as a juror, your jury service will continue until the trial is complete, with the average trial nationwide taking from three days to one week. However, you cannot know in advance how long your service will be. This can present some problems for working people, students and parents of small children.
Some employers will reimburse employees for jury duty time, while others will not. The “per diem” (daily payment) from courts ranges from zero in some states to $15 in California, commencing on the second day of the trial (the first one is always free, as the old saying goes). You will no longer be excused for financial hardship in most states, so get a babysitter for the kids, use up your vacation time and figure out a way to make up for the loss of pay. The fact is, juries are one of a free nation’s best bulwarks against tyranny in government, and everyone should be willing to serve when called.
Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases---in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including intellectual property, business torts, brain injury and commercial litigation
The Dangerous Effects Of Carbon Monoxide Poisoning
Carbon monoxide (CO) is a colorless and odorless gas produced by the incomplete burning of material containing carbon. You can't see it, smell it or taste it but carbon monoxide can cause serious illness or death. It has been referred to many times as the “silent killer” and is the leading cause of accidental poisoning deaths in America. The Center for Disease Control (CDC) estimates that CO poisoning claims nearly 500 lives, and causes more than 15,000 visits to hospital emergency departments every year in the U.S.
To be sure, this odorless, tasteless and colorless gas is ruthless. Your exposure to CO would quickly result in one or more symptoms including headache, nausea and fatigue. The deadly gas goes undetected in a home without a proper CO detector, and if the people exposed to it do not know of its existence in their environment a proper diagnosis is problematic. Further, CO poisoning can be notoriously difficult to diagnose because the symptoms mimic those of other conditions, notably the flu. Children, pregnant women, babies and individuals with heart conditions are at most risk but CO poisoning can affect anyone. Prolonged exposure can lead to brain damage and ultimately death.
Sources of CO
Some sources of carbon monoxide include gas water heaters, kerosene space heaters, charcoal grills, propane heaters and stoves, gasoline- and diesel-powered generators, cigarette smoke, propane-fueled forklifts, gas-powered concrete saws, indoor races or tractor pulls, boat engines, spray paint, solvents, degreasers and paint removers. Although CO results from when any material burns, more is produced when there is insufficient oxygen for fully efficient combustion. And, yes, cigarette smoke, including the second-hand variety, contains CO, although in an insufficient concentration to do immediate damage. Given enough time, of course, even small amounts of CO can build to dangerous levels in the bloodstream.
The danger comes from improperly vented appliances and machinery such as those listed above, especially ones that run for extended periods of time near human habitation. Such continuous exposure can lead to flu-like symptoms, as noted previously, but would keep escalating into more severe headaches, fatigue, dizziness and nausea. As toxic levels are approached, a victim may experience mental confusion, severe irritability, impaired judgment, memory loss and lack of coordination.
Treatment and prevention
The fastest and most effective way to begin treating the effects of CO poisoning is to relocate affected people (and pets) to open, fresh air away from the source of the gas immediately. At an emergency room, someone suffering from acute CO poisoning will be given pure oxygen to breathe, which speeds up the excretion of the gas from the blood. More serious cases may require a special treatment known as Hyperbaric Oxygen Therapy (HBOT). This therapy can significantly improve the chances of survival and reduce the risk of further damage to the body. HBOT elevates the amount of oxygen in the body to about ten times normal levels by placing the victim inside a hyperbaric (higher than atmospheric pressure) chamber. Most of the developed world's hospitals are now equipped with this lifesaving technology.
The best way for you and your loved ones to avoid the “silent killer” is to be educated on how and why CO poisoning occurs. Also, if you live in an environment that includes any of the CO sources mentioned above, you should take the appropriate action to repair any leaks or malfunctions in them. Of course, installing CO detectors in your home and place of business, and maintaining them with fresh batteries, is a powerful preventative step, as well. If you do not think ahead and follow a thorough anti-CO strategy, you are most definitely putting yourself, your family, your friends and neighbors, and your employees at great risk.
Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases---in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including carbon monoxide poisoning, business torts, intellectual property, commercial litigation and brain injury.
To be sure, this odorless, tasteless and colorless gas is ruthless. Your exposure to CO would quickly result in one or more symptoms including headache, nausea and fatigue. The deadly gas goes undetected in a home without a proper CO detector, and if the people exposed to it do not know of its existence in their environment a proper diagnosis is problematic. Further, CO poisoning can be notoriously difficult to diagnose because the symptoms mimic those of other conditions, notably the flu. Children, pregnant women, babies and individuals with heart conditions are at most risk but CO poisoning can affect anyone. Prolonged exposure can lead to brain damage and ultimately death.
Sources of CO
Some sources of carbon monoxide include gas water heaters, kerosene space heaters, charcoal grills, propane heaters and stoves, gasoline- and diesel-powered generators, cigarette smoke, propane-fueled forklifts, gas-powered concrete saws, indoor races or tractor pulls, boat engines, spray paint, solvents, degreasers and paint removers. Although CO results from when any material burns, more is produced when there is insufficient oxygen for fully efficient combustion. And, yes, cigarette smoke, including the second-hand variety, contains CO, although in an insufficient concentration to do immediate damage. Given enough time, of course, even small amounts of CO can build to dangerous levels in the bloodstream.
The danger comes from improperly vented appliances and machinery such as those listed above, especially ones that run for extended periods of time near human habitation. Such continuous exposure can lead to flu-like symptoms, as noted previously, but would keep escalating into more severe headaches, fatigue, dizziness and nausea. As toxic levels are approached, a victim may experience mental confusion, severe irritability, impaired judgment, memory loss and lack of coordination.
Treatment and prevention
The fastest and most effective way to begin treating the effects of CO poisoning is to relocate affected people (and pets) to open, fresh air away from the source of the gas immediately. At an emergency room, someone suffering from acute CO poisoning will be given pure oxygen to breathe, which speeds up the excretion of the gas from the blood. More serious cases may require a special treatment known as Hyperbaric Oxygen Therapy (HBOT). This therapy can significantly improve the chances of survival and reduce the risk of further damage to the body. HBOT elevates the amount of oxygen in the body to about ten times normal levels by placing the victim inside a hyperbaric (higher than atmospheric pressure) chamber. Most of the developed world's hospitals are now equipped with this lifesaving technology.
The best way for you and your loved ones to avoid the “silent killer” is to be educated on how and why CO poisoning occurs. Also, if you live in an environment that includes any of the CO sources mentioned above, you should take the appropriate action to repair any leaks or malfunctions in them. Of course, installing CO detectors in your home and place of business, and maintaining them with fresh batteries, is a powerful preventative step, as well. If you do not think ahead and follow a thorough anti-CO strategy, you are most definitely putting yourself, your family, your friends and neighbors, and your employees at great risk.
Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases---in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including carbon monoxide poisoning, business torts, intellectual property, commercial litigation and brain injury.
Hiring A Private Investigator vs. Do-It-Yourself Investigating
The interesting thing about posing this question is that most people think they are qualified to answer it, although they aren’t. The fact is, most people do not know what detectives, whether on the police force or “for hire,” really do in an investigation, and what sorts of skills are required. It is certainly nothing like you see on TV.
Of course, you would not do much murder investigating, even if one happened in your family. You would probably leave the burglary capers to the police, too. Private investigators can certainly look into those matters for you, but the bulk of a private eye’s work involves finding people and identifying their whereabouts, their actions – and, of course, their assets. This is why the great majority of private eyes make the great majority of their money on divorces and civil matters, not criminal investigations.
Private eye or DIY?
Private investigations can be difficult for even the most experienced professional. Private investigators have been helping people “get the skinny,” or the truth, in all types of situations. Whether it’s a company investigating a string of warehouse thefts, a spouse that suspects her significant other of cheating or a case of a disappearing investment advisor (these are on the rise), private investigations can be quite challenging and time-consuming. There are certain tricks of the trade that you must learn, and there is no substitute for on-the-job training.
There will always be a huge difference between a real “PI” and a do-it-yourselfer (DIY’er). But if you reduce the tasks to their simplest components, there are a number of basic matters that you could investigate, or begin investigating, without hiring a professional right away. With the Internet, you can check many databases, including those of government agencies and various industries, to help you in the one undertaking in which you just might make some progress on your own, namely, locating people who don’t want to be found.
Tools and tricks
Private investigation has changed tremendously over the past few decades. As opposed the “old days” of the “gumshoe” where a PI would follow a wayward wife around town with a camera and try to catch them in an adulterous act, PI’s now are highly trained, skilled professionals. Whether they are former police officers or crime lab technicians, or like many others took law and/or accounting courses (like FBI agents), they did what was necessary to get an “education for investigation.”
Trying to conduct an investigation without the required skills will yield poor results. This is where many of the DIY’ers make their first, and most catastrophic, error. They think that a few web searches and a $19.95 online background check is “investigating.” This, of course, is silly. So, even in the one type of investigation in which DIY’ers could be successful, the personal search, there are twists, turns, shortcuts and time-wasters all along the way. There are precious few things other than experience that can make a beginner a veteran.
Danger and other high costs
There is also a tremendous amount of danger that PI’s can get themselves into. Some of them will face life and death circumstances. These days, however, many private investigators are not acting under that title alone, and hold badges in law enforcement. This allows them to protect themselves to the fullest extent. However, among the 50 states there are various laws regulating, or outright prohibiting, sworn peace officers from working as private detectives, security staff or bodyguards.
With danger being an equal opportunity employer, and something that any PI might face in a thousand different ways, the “DIY detective gig” might become something of a magnet for those who want to become vigilantes for justice. Fortunately, most states have licensing procedures in place that will limit the number of “John Waynes” that are allowed to flash badges and carry concealed weapons while in the employ of a private citizen.
Back to basics
Not only can private investigation be dangerous and daunting, it is also very time consuming. Private investigators dedicate their every waking hour to the completion of whatever case they happen to be on. PI work is difficult for the professional and amateur alike, but deciding how much to “bite off” should be simple for the DIY’er. The answer would range from “none” to “not much,” at least until you develop the basic online search skills, plus learn how to get information over the phone, by mail, via e-mail or in person from the myriad local, county, state and federal bureaucrats that man the barricades in the government offices that are chock full of answers.
It’s very important to consider all of the costs, in terms of money, time and danger, which conducting an investigation entails. Invest some research time into the fine points of, say, “skip tracing” and you will discover that it’s not as easy as it might have seemed on television. Then, when confronted with a problem that needs some detective work – nothing criminal, of course – you should be able to see a clear line between what you can handle yourself and what you need help to do. It should not bother you in the least that the latter group will be much larger than the former, as it is that way with most everything. After all, you can only be an expert at so much, so get help when you need it. The trick is knowing when to do that, and it’s always better to err on the side of caution and ask for help than to charge ahead and lose your head!
Instant People Check is a leading provider of an instant criminal background check online. For just $12.95 you'll a lot more about your potential new hire that they may want you to. You can do national or state-specific criminal records checks quickly and cheaply.
Of course, you would not do much murder investigating, even if one happened in your family. You would probably leave the burglary capers to the police, too. Private investigators can certainly look into those matters for you, but the bulk of a private eye’s work involves finding people and identifying their whereabouts, their actions – and, of course, their assets. This is why the great majority of private eyes make the great majority of their money on divorces and civil matters, not criminal investigations.
Private eye or DIY?
Private investigations can be difficult for even the most experienced professional. Private investigators have been helping people “get the skinny,” or the truth, in all types of situations. Whether it’s a company investigating a string of warehouse thefts, a spouse that suspects her significant other of cheating or a case of a disappearing investment advisor (these are on the rise), private investigations can be quite challenging and time-consuming. There are certain tricks of the trade that you must learn, and there is no substitute for on-the-job training.
There will always be a huge difference between a real “PI” and a do-it-yourselfer (DIY’er). But if you reduce the tasks to their simplest components, there are a number of basic matters that you could investigate, or begin investigating, without hiring a professional right away. With the Internet, you can check many databases, including those of government agencies and various industries, to help you in the one undertaking in which you just might make some progress on your own, namely, locating people who don’t want to be found.
Tools and tricks
Private investigation has changed tremendously over the past few decades. As opposed the “old days” of the “gumshoe” where a PI would follow a wayward wife around town with a camera and try to catch them in an adulterous act, PI’s now are highly trained, skilled professionals. Whether they are former police officers or crime lab technicians, or like many others took law and/or accounting courses (like FBI agents), they did what was necessary to get an “education for investigation.”
Trying to conduct an investigation without the required skills will yield poor results. This is where many of the DIY’ers make their first, and most catastrophic, error. They think that a few web searches and a $19.95 online background check is “investigating.” This, of course, is silly. So, even in the one type of investigation in which DIY’ers could be successful, the personal search, there are twists, turns, shortcuts and time-wasters all along the way. There are precious few things other than experience that can make a beginner a veteran.
Danger and other high costs
There is also a tremendous amount of danger that PI’s can get themselves into. Some of them will face life and death circumstances. These days, however, many private investigators are not acting under that title alone, and hold badges in law enforcement. This allows them to protect themselves to the fullest extent. However, among the 50 states there are various laws regulating, or outright prohibiting, sworn peace officers from working as private detectives, security staff or bodyguards.
With danger being an equal opportunity employer, and something that any PI might face in a thousand different ways, the “DIY detective gig” might become something of a magnet for those who want to become vigilantes for justice. Fortunately, most states have licensing procedures in place that will limit the number of “John Waynes” that are allowed to flash badges and carry concealed weapons while in the employ of a private citizen.
Back to basics
Not only can private investigation be dangerous and daunting, it is also very time consuming. Private investigators dedicate their every waking hour to the completion of whatever case they happen to be on. PI work is difficult for the professional and amateur alike, but deciding how much to “bite off” should be simple for the DIY’er. The answer would range from “none” to “not much,” at least until you develop the basic online search skills, plus learn how to get information over the phone, by mail, via e-mail or in person from the myriad local, county, state and federal bureaucrats that man the barricades in the government offices that are chock full of answers.
It’s very important to consider all of the costs, in terms of money, time and danger, which conducting an investigation entails. Invest some research time into the fine points of, say, “skip tracing” and you will discover that it’s not as easy as it might have seemed on television. Then, when confronted with a problem that needs some detective work – nothing criminal, of course – you should be able to see a clear line between what you can handle yourself and what you need help to do. It should not bother you in the least that the latter group will be much larger than the former, as it is that way with most everything. After all, you can only be an expert at so much, so get help when you need it. The trick is knowing when to do that, and it’s always better to err on the side of caution and ask for help than to charge ahead and lose your head!
Instant People Check is a leading provider of an instant criminal background check online. For just $12.95 you'll a lot more about your potential new hire that they may want you to. You can do national or state-specific criminal records checks quickly and cheaply.
Recovering from Head Injuries: A Family Primer
When 20th century medicine matured sufficiently to allow people to survive serious brain injuries, it was thought that a sort of “spontaneous recovery” would happen naturally over a period of one to two years. If the family and the physicians could not rehabilitate the patient in that time frame, they often concluded there would be no further recovery.
It became evident over time, however, that the physical effects of the trauma – tissue and bone damage – were more readily addressed than the problems of impacted behavior and impaired cognition. Negative effects on memory, impulse control, value judgment and the appropriateness of social behavior frequently surfaced. The problem, then, was obviously multidimensional and required the application of multiple treatment modalities.
Many individuals who have sustained serious head injuries still retain the ability to change their behavior, learn (and re-learn) both factual knowledge and personality traits and once again lead productive, meaningful lives.
Family members of brain-injured patients need to educate themselves about head injuries, recovery methods and the ways in which treatment can be optimized. The following key points will help in this important task.
Different, not worse – Injuries that affect the brain will make the patient different, not necessarily “worse.” The first responsibility of rehabilitation planning is to assess the patient’s strengths and weaknesses. The CT scans, X-rays, neurological tests and other medical evaluations are, of course, a necessary step, but it is crucial to ascertain how the patient’s family deals with the behavioral problems.
Maintaining hope – Despite pessimistic prognoses that predict no recovery, the family should maintain hope, especially the sort that is based on new medical findings and leading edge research. Family, friends, nursing staff and physicians should all pay close attention to the patient’s personal interactions, as more data assessed in the treatment plan can mean better medical decisions.
Treating the whole person – Head injury patients often have trouble generalizing the lessons from one environment to another, so any speech or mobility therapy should take place in the variety of settings the patient would encounter in a “normal” life. Two days per week of speech therapy, done in an office setting, would have less remedial value that just a few hours done daily in various settings.
Control comes first – Brain-damaged people can exhibit a range of negative traits, from frustration and anger to depression and confusion. Although understandable, emotional reactions cannot be tolerated when they begin to lead to embarrassment and inhibit social “reconnection.” Before cognitive or even physical rehabilitation can succeed, the patient must re-learn self-control.
Harm reduction – Those who have suffered head injuries should avoid environments with high concentrations of paint and chemical fumes, as well as steer clear of alcohol, non-prescription drugs and other mind- and mood-altering substances. In addition, megavitamin therapy should not be attempted with brain injury patients, as a damaged brain may metabolize these compounds differently. Balanced diets are more than adequate for the delivery of the patient’s nutritional needs. Finally, all medications should be taken only as directed.
Clearly, recovering from a head injury is time consuming, expensive, physically tiring (on patients and family alike) and emotionally demanding. Some patients will improve just enough to decide that the work required for restoration of their pre-injury condition is no longer worth it.
However, temporarily halting the rehabilitation plan does not necessarily translate to “giving up,” nor does it have to lead to skills degradation. Remember, patient attitude is a key to an effective recovery, so be supportive, positive and compassionate at all times, in both medical and family settings.
Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases---in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including commercial litigation, business torts, intellectual property, and brain injury.
It became evident over time, however, that the physical effects of the trauma – tissue and bone damage – were more readily addressed than the problems of impacted behavior and impaired cognition. Negative effects on memory, impulse control, value judgment and the appropriateness of social behavior frequently surfaced. The problem, then, was obviously multidimensional and required the application of multiple treatment modalities.
Many individuals who have sustained serious head injuries still retain the ability to change their behavior, learn (and re-learn) both factual knowledge and personality traits and once again lead productive, meaningful lives.
Family members of brain-injured patients need to educate themselves about head injuries, recovery methods and the ways in which treatment can be optimized. The following key points will help in this important task.
Different, not worse – Injuries that affect the brain will make the patient different, not necessarily “worse.” The first responsibility of rehabilitation planning is to assess the patient’s strengths and weaknesses. The CT scans, X-rays, neurological tests and other medical evaluations are, of course, a necessary step, but it is crucial to ascertain how the patient’s family deals with the behavioral problems.
Maintaining hope – Despite pessimistic prognoses that predict no recovery, the family should maintain hope, especially the sort that is based on new medical findings and leading edge research. Family, friends, nursing staff and physicians should all pay close attention to the patient’s personal interactions, as more data assessed in the treatment plan can mean better medical decisions.
Treating the whole person – Head injury patients often have trouble generalizing the lessons from one environment to another, so any speech or mobility therapy should take place in the variety of settings the patient would encounter in a “normal” life. Two days per week of speech therapy, done in an office setting, would have less remedial value that just a few hours done daily in various settings.
Control comes first – Brain-damaged people can exhibit a range of negative traits, from frustration and anger to depression and confusion. Although understandable, emotional reactions cannot be tolerated when they begin to lead to embarrassment and inhibit social “reconnection.” Before cognitive or even physical rehabilitation can succeed, the patient must re-learn self-control.
Harm reduction – Those who have suffered head injuries should avoid environments with high concentrations of paint and chemical fumes, as well as steer clear of alcohol, non-prescription drugs and other mind- and mood-altering substances. In addition, megavitamin therapy should not be attempted with brain injury patients, as a damaged brain may metabolize these compounds differently. Balanced diets are more than adequate for the delivery of the patient’s nutritional needs. Finally, all medications should be taken only as directed.
Clearly, recovering from a head injury is time consuming, expensive, physically tiring (on patients and family alike) and emotionally demanding. Some patients will improve just enough to decide that the work required for restoration of their pre-injury condition is no longer worth it.
However, temporarily halting the rehabilitation plan does not necessarily translate to “giving up,” nor does it have to lead to skills degradation. Remember, patient attitude is a key to an effective recovery, so be supportive, positive and compassionate at all times, in both medical and family settings.
Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases---in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including commercial litigation, business torts, intellectual property, and brain injury.
A Parents Guide To Helping Their Young Offenders Though Their Day In Court
In all of the provinces of Canada, the Youth Criminal Justice Act (YCJA) is the body of law that establishes the procedures for youthful offenders. The YCJA covers young people who were between 12 and 17 years old when they committed the action of which they stand accused.
When a person in this age group breaks the law in Toronto, Ontario, the authorities will refer to YCJA to determine the appropriate handling of the charges. Following a number of progressive reforms throughout the last half of the 20th century, the police and the Ministry of the Attorney General make every effort to deal with these young people without initiating formal court proceedings, called “extrajudicial measures.”
Those accused of very serious or violent crimes, many repeat offenders and youths that fail at the prescribed extrajudicial measures will be charged and go to court. If they are found guilty, the court will hand down a sentence that does not include the options available extra-judicially.
Extrajudicial measures
Throughout Ontario, it is the Ministry of Children and Youth Services that oversees the programs and services for young people who have been deemed acceptable for extrajudicial handling, or have been determined to be “at risk” of breaking the law by one or another public agency. The ministry’s services are designed and applied with the intention of
* building safer communities and preventing crime,
* empowering young people to make better choices,
* confronting youths’ issues to keep them from getting into trouble again, and
* holding them accountable for their choices and actions.
If your child is scheduled for a “day in court,” it means you have already gone through an assessment by the police as well as the Ministry of the Attorney General (AG), the department that oversees the court processes for young people. Working closely with the Ministry of Community Safety and Correctional Services (CSCS), which oversees the police, the AG initially attempts to handle the youth’s troubles outside of the formal court system.
It is not unheard of for some cases to be referred back to this phase even after a “day in court” has been scheduled, as Canadian juvenile justice is predicated on the belief that young offenders have wholly different needs and propensities than do adults.
This realization has prompted the Province of Ontario to provide young people with chances to take advantage of effective diversion programs before initiating court proceedings. These extrajudicial measures and sanctions are put into practice in schools throughout the province, bringing together the police, educators and community agencies address a range of youth issues and help troubled young people stay in school
Community and restorative programs
The young people in these extrajudicial programs are taught to take responsibility for their own actions and learn new skills for staying out of trouble. Specific diversionary actions might include
* counseling for behavioral issues and drug abuse,
* volunteering in the community,
* repairing, restoring or reimbursing for both damaged and stolen property,
* writing (and reading aloud) an apology, and
* taking anger management classes, if appropriate.
There are also “restorative justice programs” in which the youthful offender, his/her family, the victim(s) and community representatives assemble, under the supervision of trained facilitators, to discuss the offense, the harm it caused and ways to redress the wrong.
Additional community-based services include community service, probation, structured programs at designated Youth Intervention Centres and specialized mental health services. If your child is being considered for an extrajudicial or community-based diversionary approach, there will be guidance provided to you, as parents, so that you may effectively advocate for your child’s best interests. These interests, of course, are foremost in the mind of the judicial officers and magistrates, as well.
Official court proceedings
If the informal extrajudicial measures are determined to be inappropriate for rehabilitating a particular youth accused of a crime, the authorities may choose to lay a charge against the young person. From this determination a number of steps ensue, which are your responsibility, as parents, to take with and for your child. Understanding your child’s rights, your rights as parents and the general operations of the youth court system under the YCJA are essential for achieving justice.
Once a charge is laid, judicial system officials are charged with protecting the young person’s rights at every step of the process. The first obligation is always to inform young persons of their right to counsel, and to contact the parents or guardians. The judicial process will then proceed through the following steps: first appearance, plea, trial and appeals processes. The YCJA also describes and defines the situations in which the court can summon the parents of the young person to appear, order a medical and/or psychological report on the accused you, place the young person with a child welfare agency and, perhaps most importantly, decide whether to release or detain the accused pending trial.
Various parts of the YCJA apply at various stages of the proceedings, even after the young person has been found either guilty or not guilty. For example, the right to an attorney is applicable through the young person’s entire experience with the court system, as are rules regarding the medical or psychological assessments. Perhaps the best advice for parents with children facing charges in Toronto, or anywhere else in Canada, is to read through the YCJA themselves.
Judges will sentence a youth to custody if other measures are unsuccessful in deterring the criminal behavior. A custody sentence will be for a specified amount of time, and there are both “open” and “secure” custody arrangements. Youths do not go to prison, per se, but to custody residences located throughout the Ontario. When in custody, youths are required to participate in programs that offer education, life skills, cultural programs, emotional and addiction counseling, anger management and physical recreation.
If charges are, in fact, laid against your child, it is always a good idea to get up-to-date legal advice from a licensed attorney, and resist the notion of representing your child yourself. For extrajudicial and diversionary phases, you may not need (and, depending on the proceeding, the court may not even allow) an attorney by your side. However, it is a good idea to seek advice from one, anyway, so that you are fully aware of your own rights as parents, and of the options and alternatives available to you and your child under the laws of Canada, which aim at all times to be the most progressive, humane and effective in the world.Kostman & Pyzer is a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not every toronto lawyer is created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success.
When a person in this age group breaks the law in Toronto, Ontario, the authorities will refer to YCJA to determine the appropriate handling of the charges. Following a number of progressive reforms throughout the last half of the 20th century, the police and the Ministry of the Attorney General make every effort to deal with these young people without initiating formal court proceedings, called “extrajudicial measures.”
Those accused of very serious or violent crimes, many repeat offenders and youths that fail at the prescribed extrajudicial measures will be charged and go to court. If they are found guilty, the court will hand down a sentence that does not include the options available extra-judicially.
Extrajudicial measures
Throughout Ontario, it is the Ministry of Children and Youth Services that oversees the programs and services for young people who have been deemed acceptable for extrajudicial handling, or have been determined to be “at risk” of breaking the law by one or another public agency. The ministry’s services are designed and applied with the intention of
* building safer communities and preventing crime,
* empowering young people to make better choices,
* confronting youths’ issues to keep them from getting into trouble again, and
* holding them accountable for their choices and actions.
If your child is scheduled for a “day in court,” it means you have already gone through an assessment by the police as well as the Ministry of the Attorney General (AG), the department that oversees the court processes for young people. Working closely with the Ministry of Community Safety and Correctional Services (CSCS), which oversees the police, the AG initially attempts to handle the youth’s troubles outside of the formal court system.
It is not unheard of for some cases to be referred back to this phase even after a “day in court” has been scheduled, as Canadian juvenile justice is predicated on the belief that young offenders have wholly different needs and propensities than do adults.
This realization has prompted the Province of Ontario to provide young people with chances to take advantage of effective diversion programs before initiating court proceedings. These extrajudicial measures and sanctions are put into practice in schools throughout the province, bringing together the police, educators and community agencies address a range of youth issues and help troubled young people stay in school
Community and restorative programs
The young people in these extrajudicial programs are taught to take responsibility for their own actions and learn new skills for staying out of trouble. Specific diversionary actions might include
* counseling for behavioral issues and drug abuse,
* volunteering in the community,
* repairing, restoring or reimbursing for both damaged and stolen property,
* writing (and reading aloud) an apology, and
* taking anger management classes, if appropriate.
There are also “restorative justice programs” in which the youthful offender, his/her family, the victim(s) and community representatives assemble, under the supervision of trained facilitators, to discuss the offense, the harm it caused and ways to redress the wrong.
Additional community-based services include community service, probation, structured programs at designated Youth Intervention Centres and specialized mental health services. If your child is being considered for an extrajudicial or community-based diversionary approach, there will be guidance provided to you, as parents, so that you may effectively advocate for your child’s best interests. These interests, of course, are foremost in the mind of the judicial officers and magistrates, as well.
Official court proceedings
If the informal extrajudicial measures are determined to be inappropriate for rehabilitating a particular youth accused of a crime, the authorities may choose to lay a charge against the young person. From this determination a number of steps ensue, which are your responsibility, as parents, to take with and for your child. Understanding your child’s rights, your rights as parents and the general operations of the youth court system under the YCJA are essential for achieving justice.
Once a charge is laid, judicial system officials are charged with protecting the young person’s rights at every step of the process. The first obligation is always to inform young persons of their right to counsel, and to contact the parents or guardians. The judicial process will then proceed through the following steps: first appearance, plea, trial and appeals processes. The YCJA also describes and defines the situations in which the court can summon the parents of the young person to appear, order a medical and/or psychological report on the accused you, place the young person with a child welfare agency and, perhaps most importantly, decide whether to release or detain the accused pending trial.
Various parts of the YCJA apply at various stages of the proceedings, even after the young person has been found either guilty or not guilty. For example, the right to an attorney is applicable through the young person’s entire experience with the court system, as are rules regarding the medical or psychological assessments. Perhaps the best advice for parents with children facing charges in Toronto, or anywhere else in Canada, is to read through the YCJA themselves.
Judges will sentence a youth to custody if other measures are unsuccessful in deterring the criminal behavior. A custody sentence will be for a specified amount of time, and there are both “open” and “secure” custody arrangements. Youths do not go to prison, per se, but to custody residences located throughout the Ontario. When in custody, youths are required to participate in programs that offer education, life skills, cultural programs, emotional and addiction counseling, anger management and physical recreation.
If charges are, in fact, laid against your child, it is always a good idea to get up-to-date legal advice from a licensed attorney, and resist the notion of representing your child yourself. For extrajudicial and diversionary phases, you may not need (and, depending on the proceeding, the court may not even allow) an attorney by your side. However, it is a good idea to seek advice from one, anyway, so that you are fully aware of your own rights as parents, and of the options and alternatives available to you and your child under the laws of Canada, which aim at all times to be the most progressive, humane and effective in the world.Kostman & Pyzer is a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not every toronto lawyer is created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success.
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