Law

Schools Must Accommodate Children with Disabilities

Perhaps you or a family member has a legal disability that qualifies you for services or privileges that you weren’t aware were available. You may not consider yourself handicapped, because you live comfortably enough with your condition, but under the law you may be entitled to compensatory treatment.
If your child has difficulty at school because he is easily distracted, and can’t concentrate, help may often be obtained by getting a diagnosis such as ADD or ADHD. Your pediatrician can provide surveys for you and your child’s teachers to fill out, to determine whether your child is eligible for special consideration. If a child will be more successful seated in a certain part of the room (front row, or away from windows, etc.) a diagnosis may require the school to provide that. If daily tracking sheets to inform you of your child’s progress will help, the law can help you get them. Section 504 of the Americans with Disabilities Act mandates that any student who has a legally recognized disability must be served in a way that will help him to be successful in school.
Reasonable school personnel will not balk at providing the help your child needs – they will be glad to do whatever it takes to make their work easier. A child who is more successful because of getting the help he needs to overcome difficulties, is more pleasant for teachers as well as parents to deal with. If you find the school unwilling to provide what is needed, you have the law on your side, and they can be compelled to act in the best interest of the child.
The bottom line is, know the law, and how it applies. Your disability must be legally recognized and properly diagnosed, and the law is very specific about what kinds of remedies are allowed. Parents who struggled in the past, before they knew what kind of help was available, will tell you how much better their lives became after they got help.

Filed Under: Disability Acts Tagged With: Americans with Disabilities Act of 1990, Disability, Law

Knowing When to Speak to an Attorney During a DUI Arrest

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If you are facing the charges due to driving under the influence of alcohol or drugs, the last thing that is on your mind is the right to counsel. However, every individual under the United States Constitution has the right to seek counsel regarding legal matters and this includes a DUI charge.

While you might not be considering when you should seek the counsel of an attorney during your DUI arrest it is a good idea to go over some of your rights regarding the right to counsel during a DUI case. Many people do not seek counsel, when if fact they should and that could complicate their case when it goes to trial.

Here are some tips about when to seek counsel during a DUI arrest.

Always ask for an attorney. It is a good idea no matter what legal situation you are in to let the arresting officers know that you want to seek legal counsel. Under most states they do not have the right to question or interrogate you once you have spoken your wishes aloud. If you ask to seek an attorney right away you won’t have to deal with the fact that many states have varying laws regarding when an attorney can be brought in.

Sobriety tests. Many states require that those suspected of a DUI must submit to a sobriety test. It is not required that the person’s attorney be present during these tests. However, many states now require that the test must be recorded for court records. Before you object to taking a sobriety test make sure that you are aware that some states will take that as an admission of guilt.

When it comes to your legal counsel during a DUI arrest, it really varies depending upon what state you are in. Make sure that you are up to date on your state’s DUI laws.

Filed Under: General Law & Legal Tagged With: Driving under Influence, Law, Lawyer

Are the new Bankruptcy Laws Fair to the Disabled?

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Due mostly to pressure from the credit industry, the bankruptcy laws experienced a major overhaul a few years ago. The net result of the reform is that it is much harder for anyone, including the disabled, to file for bankruptcy protection. The idea behind the reform was supposed to prevent people who didn’t really need to file from using the Federal laws to avoid paying their debts. The reality of the reform is that the people who most need help can barely afford to pay the cost of bankruptcy.

If you review the current bankruptcy information in Arizona, you will see that everyone now needs to attend credit counseling before they can file any version of this form of debt relief, as well as sees an Arizona bankruptcy attorney. Lawyers are also impacted. They are now required to actually verify much of the debtor’s claims instead of taking their word for their financial hardship. Because this is much more work for the bankruptcy attorney, their fees have more than doubled since the reformed laws were passed. Instead of preventing people who can afford to pay their bills from filing bankruptcy, this change has practically guaranteed that those are the only ones who can file.

What does this mean for the disabled person specifically? Disabled people are more likely to have low or fixed incomes, and they’re more likely to have higher medical costs than non-handicapped people. The court may waive some of the fees and other costs, but there aren’t too many bankruptcy attorneys that will provide their legal services for free. Transportation and sitting through long classroom sessions can also be a problem for the disabled. While the Americans with Disabilities Act means that they may be able to demand physical accommodations to be able to attend credit counseling sessions more easily, no one can waive the requirement, and there’s no formal process to request transportation assistance.

Filed Under: Disability Acts Tagged With: Arizona, Bankruptcy, Law

The Laws Are Different up There

A lot of people think that Canadian laws must pretty much be the same as they are in the United States. After all, at first glance our two countries look very similar to one another. We build in the same styles, we (mostly) speak the same languages, and we have a shared continent. But in some ways, we almost couldn’t be any more different from one another. The Canada 411 is our friendly neighbor to the north is fiscally and legally way different than we are. And it goes further than just having a different flag and speaking with a different accent (which is really not that much different from Michiganders and Minnesotans).

For one thing, since Canada is still technically a part of the British Empire, their legal system has a more British feel about it. Instead of carrying a vibe of fear the way we do in our laws, their laws seem to be more about preventing problems from occurring in the first place. If you’ll notice, Canada doesn’t have a trade deficit like we do, and their banks largely avoided the silliness which led to our financial meltdown a couple of years ago. So when you peel back the surface, going across that particular border really is like visiting a whole different world.

Maybe one day the United States will realize that trade surpluses, a more “at home” mindset of international relations, and a universal, single-payer health care system actually do have ample merits about them. Who knows, we might even one day figure out how their oil and gas trusts have done so well, despite pumping out massive dividends for Canadian investors. While we might never be like them (and they do have problems of their own), our neighbor to the north can probably teach us all a lot of things about how a country can operate.

Filed Under: General Law & Legal Tagged With: British Empire, Business and Economy, Canada, Law, Michigander, Politics, Single-payer health care, United States

What are Class Action Lawsuits?

At any given time, there are many class action lawsuits going on. In fact, some of them gain so much popularity that you may see or receive flyers about them. Other times they do not really become public knowledge. So, what exactly is a class action lawsuit? This is defined as a suit that allows many people who have a common interest in the matter to either be sued or sue as a group. Class action lawsuits have been around for a long time. In fact, the first one in recorded history was in the seventeenth century. It was not until 1938, though, that a lawsuit was able to have a person seek monetary damages. Before this, class action lawsuits were looking for some other type of recompense.

If you have seen the movie Erin Brockovich, you may be well aware of one of the most famous class action lawsuits ever filed. This suit was filed by the people of Hinkley, California, against Pacific Gas and Electric. The reason for the lawsuit was that the company was knowingly using harmful chemicals. These chemicals then went into the ground water. Because of the actions of the company, the people of the town became extremely ill. In this case, the citizens of the town won the lawsuit and the company was forced to pay for damages.

At times, you may get information on class action lawsuits that you may be eligible to participate in. Other times, you may see information in passing and want to know more. Deciding whether or not to participate in a lawsuit comes down to personal preference. If the issue did not affect you or you do not feel the need to sue the company, you may choose to stay out of the legal spotlight. In most cases this is completely your choice.

Filed Under: General Law & Legal Tagged With: Class action, Erin Brockovich, Law, Lawsuit, Legal Information, Limited liability partnership, Litigation, Plaintiff

Living With a Disability

Having a disability is challenging, but there are laws to ensure that the 50 million individuals in the United States with a disability can live without discrimination.

Estimates put the number of Americans with a severe disability at more than 12 percent. About 18 percent claim to suffer from some sort of disability. A disability is an injury or condition that inhibits everyday activities performed in the course of a day, such as showering or bathing or light housework. Difficulties seeing or hearing also fit into the disability category if the difficulties cause an individual to have problems conducting normal activities, such as getting out of bed.

The U.S. government deems a disability severe if an individual cannot conduct everyday activities or needs assistance to do so. In addition, it labels certain chronic conditions as severe disabilities. Among these are Alzheimer’s disease and autism.

If you have questions about living with a disability, or if you think you would qualify as having a disability, contact an attorney. Take out a payday loan if you need to. A person with a disability has rights under the law, and employers cannot discriminate against you. In addition, a person with a disability may have certain benefits and payments if he or she is unable to work.

An attorney can determine what benefits you should receive and ensure that you do receive them. A lawyer can go to court for you and even make sure that any building you need to enter is accessible to you.

Even if you have a disability that will be temporary, you should be eligible for benefits that can make your life and your family’s life a bit easier. So, don’t wait if you have a disability—ask around or go online to find an attorney near you who can advise you of your rights.

Filed Under: Disability Rights Tagged With: Disability, Law, United States