The Lichtenegger Law FirmJackson, MO Attorneys | The Lichtenegger Law Firm2023-11-17T04:42:50Zhttps://www.semolawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1100975/2019/09/cropped-site-identity-32x32.jpgOn Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=483992021-06-22T18:21:37Z2021-06-22T18:21:37Zsigns of nursing home neglect.
Symptoms of dehydration
The Mayo Clinic recommends seniors drink at least 57 ounces of fluids every day. Consuming less than this amount may cause dehydration. If your elderly relative is suffering from dehydration, he or she may develop one or more of the following symptoms:
Dry mouth
Chapped lips
Thirst
Dark-colored or foul-smelling urine
Sunken eyes
Headache
Nausea
Confusion
At-risk nursing home residents
As individuals age, their bodies naturally lose water content. In fact, nursing home residents over the age of 80 have 20% less water in their bodies than their younger relatives. Beyond age, other factors may increase a resident's chances of dehydration. These include certain illnesses, injuries and medications. A senior's loss of taste or smell may also cause him or her to drink less.
Potential complications
Proper hydration is important for overall health. Regrettably, dehydration can become catastrophic quickly. If your loved one does not drink enough fluids, he or she may develop kidney or liver problems, chronic fatigue or cognitive issues. Death is also a common consequence of dehydration.
Staff at the nursing home should monitor residents for signs of dehydration and take appropriate steps to rehydrate them. Ultimately, if you believe your elderly relative may be suffering from dehydration, you may need to intervene to save his or her life.]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=483852021-05-28T19:49:51Z2021-05-28T19:49:51ZIneligible crimes
Missouri law does not let you erase every crime. Some crimes not eligible for expungement include:
Class A felony
Any dangerous felony such as domestic assault, elder abuse and robbery
An offense that requires sex offender registration
Any felony offense where death is an element
Time limits
There is a waiting period you must meet before applying for expungement. These are:
Three years for misdemeanors
Seven years for felonies
Ten years for an intoxication-related vehicle or boating offense
After the waiting period, you can petition the court for the expungement.
Expungement procedure
You can petition for expungement by:
Filing the petition in the court that charged you or found you guilty
Listing the names of all law enforcement agencies, courts, prosecuting attorneys or others that may have your records
The Missouri courts’ website has a Petition for Expungement of Arrest Records you can print out to submit. Read the information about eligibility for the expungement.
Once the courts erase your records, they no longer exist, and that means you no longer have to give this information to employers or other entities that may require criminal background checks. Knowing you have the chance to erase past mistakes may help you aspire to grab for things you once thought were out of reach.]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=483822021-05-03T19:15:08Z2021-05-03T19:14:57ZPeople sometimes tend to think that alimony or spousal support is no longer a common issue in divorce. However, even when both spouses have income, it is possible that a Missouri court may approve a petition for support.Courts analyze couples’ circumstances on their individual merits, but they attempt to apply the same general guidelines. Here are some examples of information that a court may consider when making determinations about spousal support during Missouri divorce proceedings.
Assets
Before ruling on support, a court will evaluate how much property each spouse owns and how it bears on their ability to provide for themselves. Because of the importance of assets in evaluation, a court will typically elect to make decisions about the division of marital property before it rules on a petition for support.
Earning capacity
In addition to considering an individual’s actual income, courts also try to gauge someone’s potential income in the future. An analysis may include what education or training is necessary to become more employable and approximately how much time it will require.
Length of a marriage
Couples who remain married for many years may be more likely to have financial dependency on one another. Someone who is dissolving a long marriage is more likely to be successful in seeking support than a person dissolving a relatively short marriage.A person seeking spousal support does not need to wait until a divorce is final. Courts may enter a temporary order before approving a petition for a longer-lasting or permanent order based on the evidence that parties present during a hearing. ]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=483752021-04-02T19:07:14Z2021-04-02T19:07:08Zbankruptcy benefits.
Discharges debt
Contrary to popular belief, bankruptcy does not erase all kinds of consumer debt. Chapter 7 is a legal provision that allows filers to avoid liability for certain debts. The types of debt that qualify for bankruptcy discharge include credit card, medical, tax liens and unsecured. There are specifications over the types of debt that qualify for discharge.
Regain a timely payment history
Unlike Chapter 7 that allows eligible filers to emerge from its protection practically debt-free, Chapter 13 enables filers to catch up on their delinquent payments to bring their accounts current to avoid foreclosure, repossession and other adverse collection activity.
Stops garnishment
If your wages are in danger of garnishment, the automatic stay in Chapter 7 and 13 bankruptcy can provide you with some relief. The automatic stay starts after you file for bankruptcy. It mandates that all collection attempts stop, even garnishments. However, the stay does not apply to recent tax debts, child support, alimony and student loans.
In addition to the above benefits, using the time you are under bankruptcy to improve your financial management skills can help you to avoid similar issues in the future.]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=483722021-03-09T00:28:12Z2021-03-09T00:28:06Zworkers’ compensation benefits to employees who become hurt on the job. However, if you have old injuries or health conditions that a workplace accident aggravates, your compensation benefits could end up lower or denied.
Having preexisting conditions is not an automatic barrier to workers’ compensation benefits. Here’s why:
The impact on workers’ compensation eligibility
Though it is a benefit, not all employees qualify. The law has criteria in place that outlines eligibility and compensation parameters for workers’ compensation benefits and preexisting conditions. It does not matter if you have old physical trauma or not. If any injuries you sustain while performing your job duties causes old medical conditions to flare, your right to compensation remains intact if your circumstances qualify.
It is important for you to report all injuries you have, even if they do not stem from a workplace accident. Having documentation of your preexisting wounds on record can reduce the number of potential challenges you encounter with your workers’ compensation claim. Employers and insurers cannot use the existence of old injuries or ailments to deny your workers’ compensation benefits. They can, however, require proof of how your work accident injuries are causing old wounds to flare. That proof does not have to include the origin of the preexisting trauma, just that it exists and its effects.
The impact on workers’ compensation benefits
It is important to report any suspected injuries to your employer right away. Failure to do so can delay or void your right to compensation. Even if your old injuries are not work-related, you should have a medical professional document them. Workers’ compensation only covers injuries you sustain from the job. Old injuries that are aggravated from work duties, do not qualify for benefits and may reduce the amount of your workers’ compensation benefits.
]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=483692021-02-03T19:49:14Z2021-02-03T19:49:09ZA person may sustain a variety of injuries in even seemingly minor car accidents. While these injuries range from whiplash to organ trauma, comas are not exactly rare. After all, car accident are a leading cause of traumatic brain injuries, which are a leading cause of comas.If someone you love is in a coma following a car accident due to distracted driving, you may feel a range of emotions. While focusing on your loved one’s recovery is likely your top priority, you should understand that recovering from an accident-related coma may take years.
The cause of comas
A coma is a prolonged state of unconscious where affected patients cannot communicate or otherwise respond to their environments. While a person may enter a comatose state for different reasons, car accident victims often become comatose due to TBIs.Also, medical professionals may use a medically induced coma to give the brain and body time to heal. With this approach, doctors use anesthesia or sedatives to induce the coma. Reducing and eventually eliminating these medications typically causes the patient to regain consciousness.
The Glasgow Coma Scale
Doctors use the Glasgow Coma Scale to measure the severity of TBI-related comas. This diagnostic tool employs a point system to test the following:
Motor response
Verbal response
Eye opening
Typically, patients who receive better scores on the Glasgow Coma Scale have a better chance of recovering completely from a TBI-associated coma.
Specialist care
Comas are medical emergencies. Consequently, your loved one may initially spend time in the intensive care unit at a hospital. He or she is likely also to need specialist care to emerge from the coma.Ultimately, receiving appropriate medical care and follow-up therapy offers a person the best chance of recovering from a coma and returning to normalcy.]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=480622021-01-08T05:19:35Z2021-01-08T05:19:29Zmeans-tested government assistance, like Medicaid or Supplemental Security Income.
Allowable expenses
If maintaining eligibility for financial help is a priority, the special needs trust must not pay for the same expenses that government programs cover. Therefore, it may be useful to refer to the trust as a supplemental needs trust.
Rather than paying for housing, utilities, fundamental medical care and other related costs, disbursements from the trust may only go to supplemental expenses. These typically include the following:
Housing modifications
Vocational training
Travel expenses
Hobby costs
Restaurant meals
Other similar expenses
The special needs trustee
You do not have to monitor fund disbursements to ensure they do harm your loved one’s eligibility for government help. When you establish the trust, you choose a trustee to manage it. Along with investing trust funds and performing recordkeeping duties, this individual approves all fund disbursements.
More importantly, the special needs trustee acts as a fiduciary for the beneficiary. This means the trustee may connect your relative with services he or she is having trouble accessing.]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=480462020-11-29T03:59:30Z2020-11-29T03:59:25ZIf you earn regular income or own assets, you may consider filing for a Chapter 13 bankruptcy, which initiates a court-approved payment plan. As noted by Bankrate.com, your unsecured creditors may then receive the money you owe them over the next three to five years.Before finalizing the terms of a payment arrangement, the court consolidates your debts, such as your outstanding credit card and medical bills. A trustee then determines how much you may reasonably afford to pay based on your monthly income and basic living expenses.
Which debts are eligible for a discharge?
As noted by the U.S. Courts website, the debts included in your payment arrangement may end up discharged when the Chapter 13 payment term is over. This generally means that creditors no longer have a right to collect on any portion of the balance left unpaid.Taxes, student loans and debts incurred through civil or criminal actions, however, do not qualify for a discharge. You may still owe money on a car loan or a mortgage, which you need to continue making payments on.
What property and assets may I keep?
A Chapter 13 bankruptcy generally allows you to keep your home and other valuable assets, such as your personal belongings and a retirement portfolio. If you plan to keep your vehicle for work, however, you may need to reaffirm your auto loan with its service provider.The court may require documentation from your car's finance company to confirm the amount of your current monthly payment arrangement. The reaffirmation procedure may alter the terms of your current payment plan to a more affordable amount, and may also prohibit repossession.]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=480302020-10-27T19:02:55Z2020-10-27T19:02:49ZIf an officer stopped you on suspicion of driving while intoxicated, an arrest may be your first such interaction with the law.You undoubtedly have plans for your future but a DWI mark on your record could affect your life in many ways.
Education issues
If you are a young driver planning to attend college or graduate school, a DWI conviction might make it difficult for you to enter the school of your choice. It may also prevent you from acquiring the state licensing or certification you need to enter certain professions, such as law, medicine or education.
Employment concerns
If your job requires you to drive, your employer could terminate you in light of the DWI conviction. Since employers routinely perform background checks on applicants, you might find job hunting difficult with this mark on your record.
SR22 insurance
Driver’s license suspension is one of the penalties that accompanies a conviction for DWI. To reinstate your driving privileges, you will have to show proof of auto insurance. A DWI conviction would require you to carry an SR22 policy, a special kind of insurance that is more expensive than a traditional policy.
Your rights
The legal process may seem overwhelming and you might feel the easiest way out of it is to accept the DWI conviction and move on. Keep in mind that this decision could affect your future goals. Remember that you have rights. The proper defense strategy will help you achieve the best outcome possible when you choose to address the charge made against you.]]>On Behalf of The Lichtenegger Law Firmhttps://www.semolawfirm.com/?p=480272020-09-29T20:09:06Z2020-09-29T20:09:00ZA second marriage means new and exciting changes are in store for you and your family, but it also means it may be time to take a second look at your estate plan. The actions you take when estate planning may impact how much your children, your ex-spouse and current spouse stand to inherit, among other considerations. So, it is wise to update it when you enter into a second marriage.What areas of your estate plan might you want to review and revisit when you remarry?
General beneficiary designations
If you want your new spouse to have a role in your estate plan or inherit anything when you die, you may need to update your will. If you have children, you may be able to use certain methods or estate-planning tools to see that your assets undergo appropriate distribution to them as well as your new partner.
Beneficiary designations on retirement accounts
Unless you changed the beneficiary designations on your individual retirement accounts after your divorce, consider doing so ahead of your second marriage. Otherwise, if you die before making changes, your ex may be the person to inherit what is in there.
Beneficiary designations for life insurance policies
If your former spouse is the named beneficiary on your life insurance policy, you may also need to review this aspect of your estate plan. You may want to make any children you have the beneficiaries, if applicable, or you may want to list your new spouse on the policy.]]>