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Legal Questions and Answers

Who is eligible for naturalization in the U.S.?

Answer: According to the U.S. Citizenship and Immigration Services (USCIS), applicants for naturalization in the U.S. must be: (1) at least eighteen (18) years of age; (2) lawfully and permanently residing in the U.S.; (3) At least physically present and residing in the U.S. for five (5) years prior to date of application; and (6) of good moral character.

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What are labor law violations/issues?

Answer: Aside from employment or work place violations, labor law issues are also part of the daily problem of every employee. In the U.S. actionable labor law violations include: wage and hour, unpaid or underpaid minimum wage, overtime, meal breaks and rest breaks and even misclassifications by employer as exempt employees or independent contractors, among other disputes. At the same time, other labor law issues faced by employee in the U.S. relates to severance package agreements; unemployment insurance hearings; proceedings in Worker's Compensation Appeals Board (WCAB) and even violations of whistle blowing laws, workers compensation laws and workers compensation retaliation.

When does work place discrimination occur?

Answer: Work place discrimination does not only happen while you are employed by your employer. It also happens during the hiring phase of the employment where some prospective employees are not given equal opportunities due to discrimination. It also happens post employment like when an employee was terminated or not given separation package or benefits after the employee has been terminated, retrenched or let go from the work place.

As a personal injury victim, what legal remedies are available against the negligent party or the party at fault?

Answer: As a personal injury victim, you can either seek compensation for your damages through personal injury claims which involves negotiation of your damages, injuries and losses; or in the alternative, file personal injury law suit in court.

What is Bankruptcy?

Answer: Bankruptcy is a legal process where a person, who is rendered unable to pay his obligations when they fall due are given options to settle some of their debts in accordance with law. There are different provisions relating to bankruptcy like Chapter 7 bankruptcy where all the assets of the person is liquidated and the proceeds paid to creditors or Chapter 13 bankruptcy where the person proposes a repayment plan where an agreed schedule of payments to creditors are made to satisfy existing debts.

What damages can the personal injury victim claim against the negligent party?

Answer: Generally, a personal injury victim can claim damages and ask remuneration from the party at fault, from property damage, actual medical costs, future medical care, loss of earnings, out-of-pocket expenses and even pain and suffering and other non-monetary losses. In the unfortunate event that the personal injury victim suffers wrongful death, the family member or heir can also claim funeral and burial expenses; loss of consortium and support; and even loss of prospective life's earnings.

What is wrongful death?

Answer: Wrongful death happens when a personal injury victim dies due to fatal injuries suffered as a result of any personal injury accidents resulting from the negligence of the party at fault.

Who are eligible to file for wrongful death claims?

Answer: The law provides that the following are the only persons who can file wrongful death claim for the untimely death of a loved one: a) The wrongful death victim's surviving spouse, partner, children, and offspring of deceased children, or the immediate heirs of the victim if he dies without a will; (b) Any other persons dependent on the victim like the putative spouse, stepchildren or the victim's parents; and (c) A minor, if, at the time of the victim's death, the minor resided at least 180 days in the victims household prior to wrongful death and was dependent on the victim for at least one-half of the minor's support.

What are the kinds of discrimination in the workplace?

Answer: Discrimination in all forms is prohibited by law. In the United States, the usual types of work place discrimination prohibited and penalized by federal and state laws included: age discrimination, racial discrimination, gender discrimination, disability discrimination, religious discrimination, pregnancy discrimination, national origin discrimination and workers compensation discrimination.

What are the general types of personal injury accidents?

Answer: The general types of personal injury accidents are: (1) traffic accidents involving car accident, motorcycle accident, bike and bicycle accident, pedestrian accident, truck accident, bus accident or train accident; (2) premise liability accidents relating to slip and fall accidents, trip and fall accidents, construction accidents, dog bite accidents and explosions and fire accidents; and (3) other accidents relating to product liability, animal attack, medical malpractice, boating accident or aviation accident.

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