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Reno Legal Issues Blog

What rights does one have if they have separated before divorce?

Some couples in Nevada in a troubled marriage may decide to undergo a separation period before deciding whether or not to divorce. For example, they may simply need some space and time to evaluate their marriage to determine if it can be saved before throwing in the towel. That being said, it is important for couples who have separated to understand how the separation will affect their rights.

What kind of separation a spouse is undergoing will determine what rights they have. First, let's look at a legal separation. It is important to note that couples who have legally separated per a court order, but who have not divorced, are still technically married. However, certain divorce issues can be addressed in a legal separation. For example, the court can award a party spousal support or child support. It can also address property division.

States are not doing enough to prevent car accidents, group says

Residents of Washoe County may be disturbed to hear that vehicle related deaths are the second most common cause of accidental fatalities in the United States, with drug overdoses being the first most common cause of accident fatalities. In fact, according to one report, over 37,000 individuals in the United States lost their lives in a car accident in 2016. This is a 5.6 percent uptick from 2015,and also marks the second consecutive year that car accident deaths have risen. Previously, fatal car accidents had been on the decline.

With this information in mind, some are saying that the government isn't doing enough to address this situation. One traffic safety organization reports that merely six states have "significantly advanced" 16 measures that the group believes are necessary to reduce injury-causing and fatal accidents. For example, 20 states in the U.S. still do not have laws on the books that would require that repeat drunk drivers to have ignition interlock devices placed on their vehicles.

When may semi-truck drivers face drunk driving charges?

Semi-trucks are an important part of commerce in Nevada and across the nation. Whether they are delivering oranges from Florida, apples from Washington or any other sort of goods manufactured in the United States, because of semi-trucks, companies are able to get their products to store shelves nationwide.

That being said, due to their size and weight, operating a semi-truck takes care. Semi-truck drivers must obtain a special driver's license that shows they can competently and safely operate their vehicles. Moreover, there are federal regulations that state how long a semi-truck driver can be on the road before having to take a rest break.

Construction site accidents and the Fatal Four

Whether it is roadwork on one of Nevada's many streets and highways or whether it is the erection of a new building, workers in the construction industry perform very important jobs. However, construction work can be more dangerous than other professions. For example, according to the federal Occupational Health and Safety Administration, of the 4,693 private workers who died on-the-job in 2016, just over 21 percent of these individuals worked in the construction industry.

With the exception of highway collisions, there were four main causes of construction worker deaths. These are known as the Fatal Four, and over 63 percent of construction worker fatalities in 2016 were the result of one of these four main causes of construction worker deaths. According to OSHA, if the "Fatal Four" were eliminated it could save over 630 lives annually.

Can a custodial parent move away with their child?

Sometimes, after a child's parents have divorced and the dust has settled, months or even years later the child's custodial parent may wish to move with the child. Perhaps they got an offer for their "dream job" in another city or state. Or, maybe they want live closer to family. Or, maybe they feel they could offer their child a better life in a different city or state. Really, there are many reasons why a custodial parent in Nevada would wish to relocate with their child.

However, it is important to note that a custodial parent cannot simply pack up and move away with the child. Under Nevada law, the custodial parent must file a petition to relocate with the court, and receive court approval to move. The custodial parent who wishes to move has to demonstrate certain elements before the court will approve the move.

Recovering from a traumatic brain injury

A serious traumatic brain injury is a cause for concern. This type of head trauma requires immediate medical attention. Urgent medical care for a TBI is necessary to ensure the patient has an adequate supply of blood and oxygen and that no further damage is done to the brain or neck. 

If you experience a severe head injury, you may have concerns about your recovery. Here are some treatment options your doctor may give to you after you suffer from a TBI. 

Seeking compensation when you are injured on the job

Whatever the precipitating circumstances are, it is entirely possible for just about any worker in Nevada to be injured or made ill on-the-job. A worker might fall off a ladder, develop repetitive stress injuries, be injured by heavy machinery or in some other way be injured or made ill while at work. Sometimes these injuries or illnesses are so serious that the worker needs extensive medical care, and will be unable to work for a long period of time. When this happens, workers in Nevada may want to seek workers' compensation benefits.

Unfortunately, obtaining workers' compensation benefits is not always easy. Many times, a worker's initial claim for benefits will be denied. This can be very distressing, as without workers' compensation benefits a worker will be left without the funds they need to pay for medical care and their daily living expenses. Therefore, when a worker is injured or made ill on-the-job, they may want to seek legal help.

62-year-old woman loses her life in a moped crash

Many people in Nevada enjoy riding mopeds. They offer a cheap and easy way to zip around town. Mopeds are popular with people of all ages, from college students to retirees. Unfortunately, operating a moped can sometimes be a very dangerous -- or even deadly --endeavor, as one recent incident shows.

A collision between an automobile and a moped lead to the death of the woman driving the moped. A teenage male, age 17, drove his motor vehicle through a red light at an intersection. Just then, the driver of the moped, a woman, age 62, entered the intersection. She was struck by the automobile. She was taken to an area hospital, but unfortunately did not survive the crash.

When may firefighters be eligible for workers' compensation?

Cancer is one of the most serious diseases a person could get. Not only can cancer take a major toll on one's health or even be fatal, but it has a significant recovery period and even the treatments can make a person severely sick. It goes without saying that a person with cancer will be out of work for a long time, if not forever.

Moreover, certain occupations can cause a person to contract cancer. One of these is firefighting. Nevada law recognizes that under certain circumstances, cancer can be considered an occupational disease for which a firefighter could seek workers' compensation. Under Nevada Revised Statutes section 617.453, when a firefighter is stricken with cancer, whether it disables him or her temporarily, permanently or fatally, it will be considered an occupational disease if certain elements are met.

Parents in Nevada have rights if wrongfully denied visitation

When parents in Nevada divorce, unfortunately they do not always walk away from the split on amicable terms. Sometimes they part with resentment, anger and a feeling like the end result is not fair. This may especially be true when it comes to child custody. The goal of any child custody arrangements should, to the extent that is appropriate, allow each parent to spend enough time with the child so they can maintain a meaningful relationship with the child. However, sometimes the custodial parent will deny the noncustodial parent the noncustodial parent's lawful parenting time. When that happens, the noncustodial parent has rights.

In situations like this, Nevada law allows the noncustodial parent to have more visitation time in compensation for that which he or she was denied by the custodial parent. This additional visitation time will be of the same type and length of time that the wrongfully denied visitation time would have been. Also, the additional visitation time must be taken within 12 months from the time the noncustodial parent was wrongfully deprived of visitation with the child. Also, within that timeframe, the noncustodial parent gets to choose when the additional visitation will take place.

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