Archive for 'Blog'

Sealing your misdemeanor criminal record in Arkansas

Posted on 23. Jan, 2014 by .

0

Recent changes in Arkansas law that took effect on January 1, 2014 have made it possible to seal misdemeanor criminal records that couldn’t previously be sealed. When a record is sealed/expunged it will no longer appear on your State or Federal criminal background checks and the law allows you to deny that the incident ever occurred. Almost all misdemeanors can be sealed / expunged after one year. Some misdemeanors including DWIs, battery charges, and sexual offenses will require a five-year waiting period. There is no limit on the number of misdemeanors that you can seal.  I’ve had good success getting charges sealed under the new law and recently sealed four DWIs for a client. By clearing these DWIs from her record she has been the able to move forward with goals in her life that were previously hampered by her criminal record. If you or anyone you know has prior misdemeanors that you would like to get off of your record please give me a call. I do not charge anything for the initial consultation. Tim Snively, attorney, 479-695-2444.

Continue Reading

Sealing your felony criminal record in Arkansas

Posted on 23. Jan, 2014 by .

0

Recent changes in Arkansas law that took effect on January 1, 2014 have made it possible to seal many more felony criminal records that couldn’t previously be sealed. When a record is sealed/expunged it will no longer appear on your State or Federal criminal background checks and the law allows you to deny that the incident ever occurred. Some felony record can be sealed after the completion of the sentence and other require a five year waiting period. I’ve had good success getting charges sealed under the these laws.  By clearing these records my clients have been the able to move forward with goals in their lives that were previously hampered by their criminal records. If you or anyone you know has a prior felony that they would like to get off of their record please give me a call. I do not charge anything for the initial consultation. Tim Snively, attorney, 479-695-2444.

Continue Reading

The Family Medical Leave Act (FMLA) in Arkansas

Posted on 19. Jun, 2012 by .

0

Who is qualified to take FMLA leave

The Family Medical Leave Act protects workers for taking leave for illness for themselves and other family members. To qualify for the Family Medical Leave Act, your employer must have at least 50 employees and you must have been employed for at least a one year period. If you qualify, then you are entitled to a 12 week, unpaid leave for the illness of yourself or other certain family members. If you are not provided with this leave, discriminated against for taking the leave, or terminated when entitled to the leave, you may have a claim against your employer for violation of the Family Medical Leave Act.

Notice Requirements

The Family Medical Leave Act requires you to provide certain notices to your employer when the leave is foreseeable. If you are taking any such leave, be sure to keep your employer fully informed and provide them with the proper notices. Your employer should have forms that are required to be filled out. Make sure you properly provide your employer with notice and fill out the proper forms in order to ensure that you are protected under the rights of the Family Medical Leave Act.

Continue Reading

Filing for divorce in Arkansas

Posted on 19. Jun, 2012 by .

0

If you desire to file for divorce in the State of Arkansas, you will need to file a complaint for divorce in the county in which you reside. The law requires that you have been a resident of the state for at least 60 days prior to filing for divorce in the State of Arkansas. You will file the divorce at the circuit clerk’s office in the county in which you reside. There is a $165.00 filing fee for filing the divorce. After the divorce is filed, the opposing party will need to be served a copy of the divorce complaint along with a summons. Service will need to be made through an authorized process server of the county, sheriff’s deputy, or can be perfected through certified mail with restricted delivery. Once the opposing party has been served, they have 30 days from receipt of proper service to file a responsive pleading or they are in default.

Continue Reading

Discrimination in the workplace in Arkansas

Posted on 19. Jun, 2012 by .

0

Your legal protections:  If you work in Arkansas and feel like you are being discriminated against because of your age, race, gender, religion, or due to a disability, you may have a claim against your employer, if the discrimination is affecting you in the workplace. You have protection pursuant to Title VII of federal law and pursuant to the Arkansas Civil Rights Act.

Statute of limitations: Under federal law, you are required to file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act. If you fail to file this claim before your statute of limitations has run, then you are forever barred from filing a federal claim for the employment discrimination. This is a very short statute of limitations. You must be careful not to allow the time to lapse. Under the Arkansas Civil Rights Act, however, there is a one year statute of limitations. Therefore, you will need to file any case against your employer within one year of the discriminatory act in Arkansas courts.

 

Continue Reading

Child Support Modification in Arkansas

Posted on 19. Jun, 2012 by .

0

 If you believe that the child support amount that you are being paid or are paying is incorrect, you can petition the court for a child support modification. The court will review the income records of the payor and determine if there has been a change in the amount of pay warranting modification of child support.

Continue Reading

Amount of Child Support in Arkansas

Posted on 19. Jun, 2012 by .

0

Under Arkansas law the noncustodial parent is required to pay child support for the support and maintenance of their minor children. The amount of child support they pay is based on their income. In determining the amount of child support, you will calculate the net income of the payor of the child support. The net income is derived from taking their gross pay and subtracting any taxes, social security paid and the costs of insurance that they are providing for the minor children. Once the net income is determined, you refer to the Arkansas Child Support Guidelines which can be found online and it will state the amount of child support to be paid. Courts are required to follow the Arkansas Child Support Guidelines in determining child support unless there are circumstances that warrant modification from the Arkansas Child Support Guidelines.

Continue Reading

New law to help prove loss claims involving Airbags, Seatbelts; Rollover; and Auto Accident cases

Posted on 12. Jun, 2012 by .

0

Effective September 1, 2012 all vehicles manufactured or sold in the United States must be equipped with what is commonly known as a black box. See 49 CFR Part 563. The black box records key data during an accident. The black boxes are actually known as Event Data Recorders (EDR’s). EDR’s can be crucial in auto accidents, seat belt cases, airbag deployment and other single or multi car accidents.

EDR’s will record: vehicle speed from the beginning of an event until the end, which allows for change in velocity computations; Crash severity; Seat Belt status and function during the accident; Throttle position of the vehicle; Airbag data, and other valuable information including impact angles.

This should by hailed by all sides as a breakthrough law as it will speed up claims, weed out fraud, help verify legitimate claims, and allow lawyers representing injured clients better prepare and present claims.

Many vehicles already have EDR’s. Chrysler, Dodge, Jeep, and Ram have had EDR’s since 2005; Many GM cars have had EDR’s since 1994; and Fiat made the conversion this year. If you are involved in an accident whether it be one vehicle or multiple and you or a loved one has suffered serious injury do not hesitate. You should obtain counsel qualified to get the EDR information and capable of having it interpreted so as to protect your Personal Injury or Product claim.

Please call us if you have been injured. Remember, IF YOU DON’T CALL WE CAN’T HELP.

RICK WOODS ATTORNEY. (800) 664-3001.

Continue Reading

Products Liability – Defective Drugs – Statute of Limitations

Posted on 02. Mar, 2012 by .

0

The New Jersey Supreme Court in Kendall v. Hoffman-LaRoche, Inc. Delivered an opinion in February on the issue of whether or not the Plaintiff Kaime Kendall’s lawsuit against the maker’s of of the prescription drug Accutane, Hoffman-LaRoche, was barred by a two-year statute of limitations.

Ms. Kendall was first prescribed Accutane in January 1997, when she was twelve years old. By that time, the information provided to physicians began to warn of a possible link between Accutane and irritable bowel syndrome (IBD). The drugs warning labels included instructions to patients to stop taking the drug and consult a doctor if stomach pain, diarrhea and rectal bleeding occurred.  In 1998 and 2000, the physician warnings were strengthened with regard to IBD. When Plaintiff was first prescribed Accutane, her doctor did not mention the risk of IBD because he was not aware of it.  In 1999 at a period in which Plaintiff had stopped taking Accutane, she was hospitalized for abdominal pain later diagnosed as ulcerative colitis.

Ms. Kendall filed suit in 2005, alleging that Hoffman-LaRoche alleging inadequate warnings for the drugs side-effects. Hoffaman-LaRoche raised the statute of limitations as a defense. The trial court noted that at the time Plaintiff began taking Accutane, warnings focused primarily on preventing pregnancy and suicide. The judged then concluded that by December 2003, Plainitff did not know her ulcerative colitis would be caused by Accutane, and that a reasonable person in her circumstances would not have known either. Hoffman-LaRoche appealed the jury verdict in Plaintiff’s favor. Upon review, the Supreme Court concluded that because a reasonable person in Plaintiff’s situation would not have known by 2003 of the relationship between Accutane and ulcerative colitis, her lawsuit against the drugmaker was timely.

The important thing to remember is that if you are taking a prescription drug familiarize yourself with the drugs side-effects.  Talk to your doctor.  In many instances there are alternative drugs with less severe side-effects.
If you are experiencing serious side-effects, you should consult counsel immediately, as each case is fact intensive on whether or not a person experiencing side-effects has acted timely.  Don’t squander your rights.
Call Rick Woods at DWSA Law Group today for a free consultation.  (800) 664-3001.

IF YOU DON’T CALL WE CAN’T HELP!

Continue Reading

Seat Belt Failure

Posted on 28. Feb, 2012 by .

0

When one buckles a seat belt it is with the expectation that it will restrain one in the event of an accident. Seat Belts are designed to prevebt occupants from hitting the interior of the automobile and keep the passenger inside the vehicle. A properly functioning seat belt will stop a passenger with the car.

Seat Belt Defects
There are several ways in which a seat belt can malfunction. Accidental unlatching. Another seat belt defect occurs when the belt detaches from the vehicle. Older seat belts have been associated with tearing. Shoulder harness have been known to allow occupants to “slide-out” or if improperly fitted can injure or strangle a passenger.

Accident Unlatching: Generally the seat belt buckle opens or unlatches by flying objects or inertia during an accident or sudden stop.

Belt Detaching: The seat belt dislodges from the permanent mount.

Tearing: The seat belt tears or rips during impact. This can be caused by defective material.

Ill-fitting Shoulder Harness: Due to design or improper installation, a shoulder harness may not fit properly. In this case, it can cause bodily injury to the wearer.

Currently, most states require all front seat passengers to utilize seat belts. In some states, it is also law for backseat passengers too. In addition, seat belts are used to restrain child car seats. See Child Car Seat Section and Basic Flow Car Seats and Booster Seats for additional information on product safety for these items.

Third Generation Seat Belts
The Third Generation seat belt buckle installed on certain Chrysler vehicles has been associated with accidental unlatching. A loose object or flailing body part can bump into the button and accidently unlatch the buckle during a rollover crash.

The Volvo XC60’s driver’s side seat belt detached from the anchor point during a side-impact crash test performed by the National Highway Traffic Safety Administration. Volvo recalled nearly 10,000 vehicles to repair this defect.

In addition, Takata seat belts were the subject of a very large recall. These belts either failed to lock properly or would jam and not unlock after impact. More than 8 million seat belts were implicated in the recall affecting Honda, Mazda, Nissan, Ford, Mitsubishi, Subaru, Isuzu, General Motors, Suzuki, Daihatsu, Geo, GM and Chrysler.

Those who have suffered injuries as a result of an accident where a seat belt did not function properly may wish to file a lawsuit to seek compensation for medical expenses, pain and suffering and mental anguish.

If you find yourself in this situation, call Rick Woods at DWSA Law Group (Daniels, Woods, Snively, Atwell Law Group, LLP) at (800) 664-3001. We are here to help. Remember if you don’t call we can’t help.

Continue Reading