Thursday, April 27, 2017

Reducing The Penalties On Your Traffic Ticket

As drivers, we share a common responsibility to keep ourselves and other drivers safe. Too often, drivers who engage in risky behavior threaten more than themselves or their passengers - they endanger other drivers with whom they share the road.

In order to protect roadway travelers, law enforcement uses a point system designed to penalize drivers who exhibit dangerous behavior. If a driver accumulates enough points within a certain period of time, he may have his license suspended or revoked so as to not further threaten other drivers and passengers.


It should come as no surprise that that license suspension or revocation is a severely frustrating and inconvenient punishment. As such, many drivers wish to do everything they can to avoid accumulating points on their driving records. While exhibiting safe driving behavior is always the best way to avoid getting points, mistakes happen and sometimes accidents are unavoidable. In these situations, a Lake of the Ozarks traffic attorney may be your best defense against the dreaded points against your license.

Understanding The Point System

Each type of traffic violation is assigned a point value. When you are ticketed for a certain violation, you will receive the associated number of points on your license. If you commit multiple violations in a single accident (such as both speeding and careless and imprudent driving, for example) you may be assigned the points for both infractions. Here is a general example of how some of the points are assigned (source: DMV.org):
  • Careless and imprudent driving - 2 points
  • Excessive speeding - 3 points
  • Driving unlicensed or without a permit (or knowingly allowing someone else to do so) - 4 points

As the severity of the violation increases, so does the number of points assigned to it. As examples, committing a felony involving a motor vehicle and operating a vehicle while your license is suspended or revoked are both worth 12 points.

How Much Is Too Much?

If you get 3 points on your license every three or four years, it's probably not something worth worrying about - but if you accumulate too many in a certain amount of time, the consequences can be severe. (The following information sourced from DMV.org.)

If you accumulate 8+ points within an 18 month period, your license may be suspended for:
  • 30 days (first suspension)
  • 60 days (second suspension)
  • 90 days (third and subsequent suspensions)

Your license may be revoked for a period of one year if you accumulate the following number of points in these specific amounts of time:
  • 12+ points in 12 months
  • 18+ points in 18 months
  • 24+ points in 24 months

Reducing The Penalties On Your Traffic Ticket

In some cases, a traffic ticket may be nothing more than a minor annoyance. However, depending on how many points it is worth or how many other tickets you have had recently, it may quickly become a major problem. In addition to potentially risking license suspension, accumulating points often results in hefty fines and increased insurance costs. 

Depending on your situation, hiring a traffic attorney may be a valuable investment. Your attorney may be able to work with you to have your charges reduced to incur fewer points or - in some cases - potentially dropped altogether. 

If you are facing a hefty traffic ticket with several points and substantial fines, we encourage you to schedule a consultation with our traffic attorney in Lake Ozark, MO. To learn more about Gibbons Law Firm, call 573-348-2211 or visit www.RGibbonsLawFirm.com.

Remember, your initial consultation with Gibbons Law Firm is always free.




Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Thursday, April 20, 2017

Wage Discrimination: What It Is, How To Identify It, & What To Do

Employers are legally responsible for treating their employees fairly and ethically. We have talked before about the Equal Employment Opportunity Commission and its mandates against making employment decisions based on race, sex, age, sexual orientation, and other discriminating factors. This week, our employment attorney at the Lake of the Ozarks is going to look specifically at another way employers are prohibited from discriminating against their employees.


Wage Discrimination: What It Is

The fact that people deserve equal pay for equal work seems like it should go without saying. Unfortunately, women and other minorities in the workforce find that this ideal is not always a part of their actual realities.

By law, employers are required to provide equal compensation to employees who perform equal work. The job titles do not have to be the same; rather, what constitutes "equal work" is based upon positions that are performed under similar conditions within the same establishment and require substantially equal skill, effort, and responsibility (source: U.S. Equal Employment Opportunity Commission). 

How To Identify It

Though they are legally required to provide equal compensation to employees who perform substantially equal work, not all employers abide by these laws. In some cases, employers may be guilty of wage discrimination when they display compensation preferences or advantages to one employee over another. "Compensation" encompasses a broad range of remuneration, including (but not limited to):
  • Salary
  • Bonuses
  • Paid vacation
  • Reimbursement for travel and other company expenses
  • Stipends
  • Profit sharing
  • Health insurance
  • Life insurance
  • 401(k) contributions
  • Other benefits

Though women are more commonly victimized by wage discrimination than men, the laws are designed to provide protection to both genders. Regardless of an employer's personal beliefs, preferences, or prejudices, he/she is prohibited from providing greater or lesser compensation to an employee based on his/her gender and/or accompanying familial situation. If you learn that a coworker who performs the same work as you is receiving a greater paycheck or added benefits, it is important to take swift action.

What To Do

This right to equal pay for equal work is governed and enforced by several laws. When an employer fails to provide equal compensation to employees who perform equal work, he/she may be subject to legal consequences.

If you believe you may be the victim of wage discrimination, contact a Lake of the Ozarks employment attorney. Your attorney can work with you to examine the specific details of your situation so that you can determine whether or not you may have the grounds for a legitimate case. If the right conditions are met, your attorney can work with you to take the appropriate steps.

Contact our employment law attorney in Lake Ozark MO to get started.

Remember, your initial consultation with Gibbons Law Firm is always free.




Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Friday, April 14, 2017

Understanding Wrongful Death Claims

The loss of a loved one can cause immeasurable heartache. It is hard to lose someone you love under any circumstances, but when their death is caused by the negligence or malicious behavior of another, the situation becomes especially tragic. 

Depending on the specific circumstances surrounding your loved one's death, you may be able to file a wrongful death claim with the help of an experienced wrongful death attorney at the Lake of the Ozarks.


What Is "Wrongful Death"?

A wrongful death claim is designed to compensate surviving family members for the loss of their loved one. It can arise when the death of an individual is directly linked to the behavior - whether negligent or intentional - of another person. While it goes without saying that no amount of money can replace the value of having your loved one in your life, wrongful death claims serve to ease the hardship of adjusting to life without your loved one physically present.

The survivors may be compensated for various damages, including:
  • Funeral expenses
  • Medical costs incurred prior to the decedent's passing
  • Loss of the deceased person's wages
  • Loss of love and companionship
  • Loss of care and guidance that the decedent would have provided

Who Can File A Wrongful Death Lawsuit?

Most commonly, wrongful death suits are filed by individuals who were of direct relation to the deceased, as spouses and children, including adopted children, typically suffer the greatest loss of the loved one. However, in some circumstances, other family members, such as siblings and/or parents, may also file. 

If they were financially dependent upon the deceased, friends and distant family members may also be able to file a wrongful death lawsuit.

Who Pays The Damages In A Wrongful Death Suit?

As a general rule, the person who is responsible for the death is the one who will be responsible for paying the damages in a wrongful death lawsuit. The responsible party may be:
  • A healthcare provider who committed medical malpractice
  • A drunk or negligent driver who caused a car accident
  • A criminal who purposefully planned the event
  • A manufacturing company that failed provide adequate usage instructions for their product
  • A manufacturing company that failed to issue a product recall upon discovering that their product was unsafe
  • A supervisor who failed to provide for the decedent's safety

The list doesn't stop there. Ultimately, anyone who is in some way responsible for another person's death may be held accountable in a wrongful death lawsuit.

Contact Gibbons Law Firm For More Information About Wrongful Death

If you have lost a loved one as a result of someone else's actions or negligence, we encourage you to contact our personal injury attorney in Lake Ozark MO. We can help you evaluate your options and determine your best course of action for filing a wrongful death lawsuit at the Lake of the Ozarks. For more information, visit our website at www.RGibbonsLawFirm.com.

Remember, your initial consultation with Gibbons Law Firm is always free.




Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Thursday, April 6, 2017

4 Legal Considerations To Help You Prepare For Divorce

Divorce is often a daunting, intimidating prospect. No matter how long your marriage lasted, divorce marks the end of an era. From both a legal and an emotional perspective, there are a lot of steps and details that must be attended to. Because of the challenges divorce often presents, it is important to weigh your decision carefully so that you can be confident it is the right choice for your situation. Our family attorney in Osage Beach MO is here to help you evaluate the legal aspects of this decision.


1. The Divorce Process
The divorce process can be undertaken in several different ways. Specifically, you can pursue divorce through mediation or litigation. If you and your spouse are unable to come to agreements cooperatively, litigation may be your only option. If you are able/willing to be civil, on the other hand, mediation often provides a much less stressful (and much less expensive) solution. Don't assume your divorce will need to automatically be filed in court. We recommend that you start with mediation. If that doesn't work, you can always switch to litigation at a later date.

2. Shared Marital Assets
Property or assets accumulated during a marriage are typically considered "marital property" - that is, both spouses share equal ownership of the assets. Property and assets accumulated prior to the marriage are considered individual property. During the divorce, the court will strive to divide the marital assets in a manner that is fair and equitable. In order for this to be possible, the court will have to know the full financial value of all shared (and likely all individual) assets. If your spouse handles the finances and you are not aware what your financial picture currently looks like, we recommend that you educate yourself in this arena prior to beginning the divorce process.

3. Custody
If you have children, dividing custody will be a hugely important part of the divorce process. If you and your spouse are able to cooperate in a civil fashion, a shared custody agreement will likely be the most desirable option. If you are unable to be civil or if your spouse poses any risk to your children, you may wish to fight for sole custody instead. Be aware that when determining custody, the court will base their decision off of the best interests of the children involved. Though you may not be a huge fan of your spouse at this point in time, your children may still care deeply for their other parent and wish to see them as much as possible. 

4. Divorce Attorney
Most likely, the attorney you select to represent you will significantly influence your divorce proceedings. If you hire an attorney who devotes most of his practice to litigation, for example, your divorce is more likely to end up in court. It's important to choose an attorney who respects your wishes and will handle the situation according to your wishes.

While choosing divorce is largely an emotional decision, it is important to recognize the legal impacts it will have on your family and personal life. At Gibbons Law Firm, we have worked with hundreds of couples to finalize their divorces fairly and equitably. We support cooperative agreements and will settle divorces via mediation whenever possible, but we are not afraid to litigate and to fight for your rights when necessary.

If you would like more information, contact our Lake of the Ozarks divorce attorney to schedule your private consultation.

Remember, your initial consultation with Gibbons Law Firm is always free.




Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

Follow us on...



No attorney-client relationship is created by the publication of this blog.