What Really Is An H1B Visa?

The H1B is a non-immigrant employment visa for temporary workers to enter the United States. An employer should offer a job to you in order to apply for the H1B visa. In fact, the particular employer is responsible for applying for the visa on behalf of the applicant. He or she needs to apply for the H1B visa with the United States Immigration Department. An approved H1B visa is treated as a work permit where the employee can obtain a visa stamp and work in the United States for that particular employer.

This type of visa is issued to employees with specialty knowledge. They require a practical and theoretical application of this specialty knowledge. The applicant should also have a Bachelors degree. There is a yearly quota of H1B visas available for getting down employees to the U.S. with specialty knowledge. Specialty knowledge is considered understanding your soon to be employer’s product, service, technique, management or application. Advanced leval knowledge is considered a deep understanding of the organization’s processes and procedures.

The total stay allowed in the U.S. is six years. The initial period is three years, and it can be extended for another three years. Although H1B employees can work for more than one U.S. employer, they should have a Form named I-129 approved by each employer. The visa can be issued for multiple entries in which the applicant can travel in and out of the country for any number of times. The H1B employee can go on sick leave, maternity leave, or vacations until he/she is associated with the employer. The spouse and unmarried children under the age of 21 years can stay with the H1B employee under the H4 category for the same duration as the employee. These are important facts to consider when applying for the H1B visa.

What Does A Contingency Fee Agreement Mean In Regards To Lawyers?

A contingency fee agreement is considered a payment arrangement where an injured plaintiff could seek legal representation even without money to pay the lawyer at the beginning of the case. Under such an agreement, the client doesn’t have to pay the lawyer up front. Instead, he or she can pay a percentage of the award once they win the case. This agreement will define the terms and conditions of the arrangement such as how much the attorney should be paid, etc. The rules of contingency fee agreement can differ depending on the state you live. This article provides information on what does a contingency fee mean in regards to lawyers.

The basic concept in this arrangement is the client doesn’t have to pay anything up front to find a lawyer to represent his or her case. On the other hand, the lawyer doesn’t get anything unless he/she wins the case for the client. Once the case is won, the lawyer gets a percentage of the compensation as agreed before. A lawyer would be hesitant to work on cases where there are limits of how much the plaintiff can recover as damage. Although most states in the country permit contingency fee agreements, some bar associations have become critical of such arrangements. Hence, some states have limits on the implementation of contingency fee agreements.

Once a contingency fee agreement is reached, the lawyer has to pay the expenses of the lawsuit. Once he/she wins the case, the agreed percentage will be distributed to him/her. There are some agreements that offer expenses and a percentage of the award. That’s why you need to be aware of the clauses included in the contingency fee agreement. There are several types of cases where lawyers work on a contingency basis such as military divorce, personal injury, wrongful death and class action employment lawsuits.

Learn more about contingency fees here:

What Really Is A Traumatic Brain Injury?

Traumatic brain injury usually happens when an external force results in brain dysfunction. A violent blow to the head or body can result in a traumatic brain injury (TBI). On the other hand, any object that penetrates the skull such as a bullet or similar component can cause such injuries. Mild TBI could result in temporary dysfunction of the brain while severe traumatic brain injuries could result in long-term complications or death.

The condition can have a wide variety of psychological and physical effects. In fact, some signs may appear soon after the event while some may appear after some time. Some of the physical symptoms of mild TBI include headaches, nausea, vomiting, drowsiness, fatigue, loss of consciousness for a few seconds or minutes, a state of disorientation, difficulty in sleeping or sleeping too many hours, dizziness, and loss of balance. There are sensory symptoms such as blurred vision, bad tastes, ringing in the ears, and sensitivity to light or sound. Cognitive symptoms include mood swings, depression or anxiety, and concentration issues.

There is a certain group of people who are at a higher risk of traumatic brain injury which includes adults over the age of 70 years, children below the age of 4 years, and young adults between the ages of 15 to 24 years. Several complications can occur as a result of severe TBI. Some of these complications include a vegetative state, a state of coma, brain death, or a minimally conscious state. You need to immediately see a doctor if you suffer from any of these conditions.

Because symptoms of TBIs develop after the initial accidents, it might difficult to prove that it is a result of an earlier accident or from the negligence of someone else. As soon as any of these symptoms appear, the first course of action is to visit the doctor and then contact a personal injury lawyer to find out if you are entitled to compensation.

What Really Is Real Estate Law?

Real estate or real property is defined as the land and any buildings on the land. Real estate law, on the other hand, emphasizes who may own or use the property. Real estate could be residential or commercial and the land could be used by one person while being used by another through a rental agreement. There are many local laws to govern properties due to the high value of real estate. Properties could be passed between family members and relations through estate planning. On the other hand, a property could be owned by more than one person. Real estate is also governed by local zoning laws in the area. This article provides information on what really is real estate law.

There are certain terms that are frequently used in the real estate industry. You should have a good knowledge of these terms when dealing with real estate. Here are some of the most common terms that you should know about.

. Title – This is the term used to describe who owns the land officially.

. Foreclosure – This is a process where the lender takes control of the real estate when the property owner fails to pay back the mortgage.

. Mortgage – The homeowner should give the lender a part of the ownership of the property as collateral when taking a loan (mortgage) to cover the purchase price of the land or house.

. Real Estate Agent – This is a professional who is licensed to undertake real estate transactions.

. Closing – A meeting where the ownership of the property is officially transferred.

A real estate attorney is the best person to interpret real estate law. Hiring a reputed attorney is important when closing a real estate deal. We recommending hiring a lawyer who is familiar with the area in which you are buying real estate because they will know what is current standard in your area, such as CDFS Law.

Why Do States Have Capital Cities When The Nation Has A Capital Too?

Most Americans know that the nation has a capital. That is Washington, D.C. It’s also known as the district of Columbia. This place is home to the White House, where the President lives and governs, and it’s also where you would find the head of the judicial branches, the Supreme Court, as well as both houses of the legislative body of Congress, the Senate and House of Representatives, residing on Capital Hill.

All 50 states have their own capitals too, and some might wonder why the states need their own capital cities when the nation at large has its own capital. Even territories like Puerto Rico have a capital city. But why? Well, simply put, for the same reason that the nation has its own capital city.

It just makes life much easier and simpler for the heads of various government branches and departments to all be centered in one area. A lot of this traces back to a time before there were phone lines, cars, or the Internet, which somewhat decreases the need for such centralization, but back then, if people needed to do business with one another, they had to be in the same proximity or area. That meant one single city.

All fifty states have governors heading up their executive branches. Each state also has a legislature that passes the budgets the states operate under, confirming state cabinet and judicial appointments, and passing the laws that govern that state in matters not already decided by federal law. Having said that, some states have unicameral legislatures, and others are bicameral or multi-cameral. The variations in state governments are another reason why there are so many different state capital cities around the nation.

Every state also has its own judicial system based in its capital city.

Do You Know What The Maritime Jones Act Is?

The Maritime Jones Act is a more conversational name for the Merchant Marine Act of 1920, technically known as P.L. 66-261. It’s a federal United States statute that covers the maintenance and the promotion of American merchant marines. It has a number of purposes, but one of them is regulating all maritime commerce inside United States waters, as well as between various United States ports. Section 27 of the Maritime Jones Act deals with the subject of cabotage, requiring that any goods transported on American waters or in between American ports be carried on ships that fly the United States flag, were constructed in America, are owned by American citizens, and are crewed by either citizens or permanent residents of the United States. The Maritime Jones Act was introduced as legislation by a member of the upper house of Congress, Senator Wesley Jones.

Laws much like the Maritime Jones Act trace their roots to the days of the Founding Fathers, shortly after the Revolution that founded the nation. The First Congress, on the first day of September 1789, enacted Chapter XI. It limited domestic trades to only American ships that met particular requirements.

The Merchant Marine Act of 1920 has undergone several revisions. At the time of writing, the latest revision was in 2006, and it included re-codification within the larger United States Code. Senator John McCain filed an early 2015 amendment that would have basically annulled the Act, a direct traffic violation.

The Maritime Jones Act should not be confused with another piece of legislation called the Death on the High Seas Act. It’s another maritime law of the United States that doesn’t apply to either coastal waters or navigable waters inland. Many other pieces of legislation, old, new, and updated, cover the water ways of the nation.

What Exactly Is A Third-Party Lawsuit?

You’re probably already familiar with the concept that if someone suffers a personal injury, that they can possibly become a plaintiff and file a lawsuit against the party they believe at fault in order to get compensation. However, do you know what a third-party lawsuit is? It’s a term commonly associated with workers’ compensation claim in a construction accident.

Any employee performing his or her assigned job tasks can not only be injured by co-workers or their employer but also possibly by a third party that actually has little to no link to the business of the employee. Such injury cases bring unique legal concerns with them.

In the majority of cases, an employee injured by an independent third party can file a workers’ compensation claim through the insurance companies of their employer, but also a separate third party negligence claim against the party that inflicted the injury.

In most states, if the employee receives or is awarded anything from their third-party claim, then the employee is legally bound to reimburse their benefits from workers’ compensation. Any remaining amount would be kept by the employee, such as any awards for pain and suffering. Also, punitive damages would also be kept as they are not typically covered by workers’ comp.

Here’s an example: A delivery woman is on her work truck, but she gets struck by the vehicle of a drunk driver. She is injured seriously. She’s entitled to workers’ comp, but she’s also entitled to pursue a personal injury lawsuit against the individual drunk driver, as well as his insurance company.

The delivery woman’s workers’ comp insurance only covers her medical benefits and a portion of her wages. However, the third-party personal injury claim winds up awarding her money for medical bills, her out-of-pocket expenses, her full lost wages, and also compensation for her pain and suffering. She reimburses the workers’ comp program the money she got for medical bills and a portion of her income, but she keeps the rest.

Just What Is The Legal Definition Of Personal Injury?

In the narrowest sense, a personal injury is any damage or hurt done to the person of a man or a woman. This would be something like a bruise or a cut, a broken limb, or something along these lines. These circumstances are distinguished from injury to a person’s property or reputation. The phrasing is mainly used in connection with any actions of tort in cases of negligence or in terms of worker’s compensation statutes.

You do need to take note that any personal injury claim, by its very definition, is not something that includes claims of any damage done to property, which would be something like your automobile or home, or their contents. Another thing to note is that a personal injury claim is not a situation involving a fatality or death. By definition, it’s an injury claim, so if you have concerns or actions to take regarding a deceased spouse or family member, then you have a wrongful death claim, not a personal injury claim. A lot of injury lawyers, do, however, help with wrongful death claims in court as well.

Personal injury claims are often the result of negligence on behalf of another person or legal party. There are many sources of potential personal injury claims, but common ones include things like slip and fall claims, medical malpractice, defective product claims, automobile accidents, maritime accidents and pedestrian accidents.

Knowing the term of personal injury in a legal sense does lead to other terms being thrown around. A tortfeasor would a defendant or at-fault party causing injury. An attorney is an individual licensed to practice law that represents the plaintiff, which is you who is filing the suit. A legal party can be either the plaintiff or the defendant. Another term to consider is a third-party lawsuit, where you bring an action against a manufacturer, building owner or another third party who was responsible for your injury.

And whatever you do, don’t try these at home:

What Is The Legal Definition Of Bankruptcy?

Bankruptcy involves legal processes that occur in a federal specialized court in order to assist businesses and individuals to repay debts or remove debts under protection from a bankruptcy court. All of the bankruptcy cases will be filed with the federal bankruptcy court. This court will be in an area that your business happens to be located or where you live.

The 2 main categories relating to bankruptcy include “reorganization” and “liquidation”. The liquidation bankruptcy which is also known as Chapter 7 bankruptcy is typically used by an individual and in some cases, a business whose expenses have become greater than the individual’s or business income and the debts cannot be paid back. The main reason for liquidation bankruptcy is to do away with specific debt that provides the individual with a clean slate.

When it comes to individual based liquidation bankruptcy a court discharges specific debts owed which will mean these debts fall away. An exchange for this discharge can be made with non-exempt property which can be sold. This money will then be utilized to pay back the creditors.

Reorganization bankruptcy is only used when the individual or business has enough income in order to pay the majority of the debts back over an extended time period. There are various reorganization bankruptcy types, but the one known as Chapter 13 happens to be the most commonly used in regards to consumers and individuals.

Chapter 13 bankruptcy involves that the business or individual is permitted to keep their property, but monthly payments need to be made over a period of 3 to 5 years in order to pay back the entire debt or a portion of the debt. A reorganization bankruptcy will require the business or individual to file for the repayment plan that will need approval from a bankruptcy court.

When in doubt, hire a bankruptcy attorney that can present you with options on which type of bankruptcy to file.

What Is The Legal Definition Of A Wrongful Death?

A wrongful death claim is in reference to a person that may be held liable for the death of another. This is something that can lead to civil action, typically filed by those that were relatives of the deceased, and is done because a person that has died cannot file this type of suit. There is a standard for proof that must be met in a United States courtroom which is based upon what is called a preponderance of evidence. It must be shown that there was convincing and clear intent on the part of the other to kill this other person.

Different Types Of Wrongful Death Claims

There are a couple different types of wrongful death claims that can be made such as those that are involved in automobile accidents, abuse, and medical malpractice. In fact, a car manufacturer may actually be sued in a wrongful death case if it is proven that multiple vehicles were defective with the same problems that led to multiple deaths. These are just a few of the many ways that this can be looked at, and what the judge will use in order to prosecute a person or a company.

Difficult Aspects Of Wrongful Death Lawsuits

One of the more difficult aspects of filing this type of lawsuit is exactly what the other person is liable for. There is also the fact that the other person may have actually killed the other as a result of self-defense. Additionally, if a person has committed suicide, and another person is thought to have helped them along, this is another aspect of a wrongful death case. All of the evidence will be decided upon by a judge that can make a decision based upon the evidence presented.

This basic overview of the legal definition of a wrongful death will give you a few ideas on what it actually means. It just depends on the situation, how the person died, and whether or not the other person, or even a business, is found to be responsible.  To help you learn more about the subject, we attached a video from JNY Law Firm which dives into Wrongful Death in a bit more detail.