The Continued Battle for Voter Equality

Five Most Important Changes of the Voting Rights Act of 1965

1) Eliminated Poll Tax for Voting;

2) Eliminated Literacy Tests for Voting;

3) Struck down Grand-father Clauses;

4) Forbid Whites only Primaries;

5) Granted Federal Oversight to Local Voting Regulations.

Legal barriers to voting have existed in this country since it was founded, and unfortunately, continue to exist to this day. The voting rights act of 1965 was significant legislation to overcome many historical barriers that discriminated against minority voters. This discriminatory pattern dates back to the founding of our country.  Shortly after the Civil War ( 1861 to 1865)  the states ratified the Fifteenth Amendment that guaranteed that the right to vote could not be denied “ on account of race, color, or previous condition of servitude.” Unfortunately,  the still Confederate south was not amiable to following the newly enacted laws. As a result, Congress continued to act enact legislation that made it a federal crime to interfere with an individual’s right to vote and to protect the rights of voting for minorities.

 Following the Civil War, African-Americans became a majority of the voting population in some southern states and many African-American candidates were duly elected to public office. This did not sit well with the former Confederate mindset. Because of the continued opposition of the southern states, the Supreme Court in the late 1800s continued to limit the voting protections that they had been put into place by federal  legislation and uphold the intimidation and fraud being employed by White leaders to reduce minority voter turn-out.  The battle for equal rights in voting has played out in this country since its inception and still continues to do so until this day. As the South continued to employ such voting limitations, less African American officials were elected and white leaders came to dominate Legislatures in those states once again.

As a result of this ongoing battle between Congress and the states, African-American voters were disenfranchised  by the early 20th century.   In the first half of the 1900s, several measures were declared unconstitutional by the  United States Supreme Court including grandfather clauses and  white only primaries,  but additional discriminatory practices continued.  By the early 1960s voter registration rates among African-Americans were small in much of the south. In the 1950s and 60s United States Congress continued to enact various legislation to continue to try to protect the rights of African-American voters, but such various legislation was only partially successful. Thanks to the efforts of great civil rights leaders like Martin Luther King, the civil rights act of 1964  was passed along with the 24th amendment abolishing poll taxes for voting for federal officers.  A poll tax requires a fee to register to vote.  For example the poll in Texas tax “required otherwise eligible voters to pay between $1.50 and $1.75 to register to vote” which would have been considered a significant some of money at the time.  Similar fees in Southern states often created a barrier for minority voting and largely excluded many eligible voters from being able to exercise their right to vote.  Eliminating this tax removed a huge barrier long used to systematically take away the right to vote from impoverished and/ or minority voters and thus, kept minorities from holding office.

The following year President Lyndon B. Johnson called for cohesive federal regulation to protect the voting rights of all Americans. The result of great protest and federal legislation was the Voting Rights Act of 1965. The act suspended literacy tests and required federal approval of proposed changes to voting laws in certain jurisdictions that had previously discriminated in their voting regulations.  The act directed the Attorney General of the United States to oversee state elections. The act was expanded to protect the voting rights of non-English-speaking US citizens in 1970 and 1975. In fact, the act continues to be amended to protect my minority voting rights.

The Voting Rights Act of 1965 resulted in a clear decrease in the previous voter registration disparity that had existed between white Americans and African-Americans. By the mid-1960s the proportion of black to white registration in the south range from 2 to 1 to 3 to 1 but by the late 1980s the ratio variations in voter registration had largely disappeared. As the number of African-American voters increases so did the number of African Americans elected officials.

For example in the mid-1960s there were only about 70 African-American elected officials in the southern states. But by the turn of the 21st century there were nearly 5000 and the number of African-American members of the United States Senate and House of Representatives had increased from six to approximately 40. There have been cases over the years that have attempted to challenge the voting rights act of 1965 including Northwest Austin Municipal Utility District Number One vs Holder at all US 2009, but the Supreme Court at that time declined to rule on the constitutionality of the voting rights act.

However the more recent challenge in Shelby County vs Holder US Supreme Court 2013 struck down a section of the act which had established a process for determining which jurisdictions were required to obtain free clearance. Court stated that historical changes had eliminated the need for the section.  This eliminated much of the federal oversight of local elections.

Over the past 55 years of its existence the voting rights act of 1965 has often been referred to as the single most effective piece of civil rights legislation that Congress has ever passed. The act provided nationwide voting right protection which included prohibiting state or local authorities from discriminating against racial minorities from voting.  The original act required the federal government approval before local authorities could make changes to their voting laws and regulations. This provision was struck down by the Supreme Court in 2013 as a major blow to the original legislation. The late and respected congressman and civil rights leader John Lewis called the supreme court’s decision, which was a 5 to 4 decision, a “dagger in the heart of the voting rights act“

A 2018 report by the federal commission on civil rights found that new state laws have made voting more difficult for minorities and the justice department has done little to challenge those discriminatory laws since the 2013 ruling. Congressman John Lewis passed away in July 2020. However since that time current lawmakers have been pushing the Senate to take of a bill that was passed by the house and champions by Senator Lewis that would restore the key part of the voting rights act the Supreme Court struck down. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

WHAT IS A NON-OWNER INSURANCE POLICY

5 Instances you may consider a Non-Owner Auto Insurance Policy

  1. You frequently Rent cars;
  2. You have past driving infractions or license revocation;
  3. You frequently Borrow someone else’s car; 
  4. There has been a gap in your insurance coverage;
  5. You use Using car-sharing services.

What is non-owner car insurance

Non-owner car insurance is exactly what it sounds like.   It is a type of auto insurance that you can purchase which provides liability only insurance coverage for injuries and property damage for a vehicle or person that you hit when you are driving a vehicle that you don’t personally own. If you get into an automobile accident with another driver and you are found to be at fault for the accident, your non-owners insurance policy will cover the other drivers property damage just as an insurance policy of your own would cover.

Coverages under a Non-owned Policy.

Much like an owners insurance automobile liability policy, some non-owner car insurance policies do provide the option for different coverages. Again, this is an automobile insurance policy that you would purchase on any vehicle that you may drive when you do not on your own vehicle. You can often purchase medical payments coverage, under insured or uninsured motorist coverage, and rental car coverage on your non-owner policy. For more information on those type of coverages, see our previous blogs where I provide a great deal of detail regarding those coverages.

 As a brief overview,  medical payments coverage is an additional coverage that you would purchase on your non-owner policy that would pay your medical bills up to a certain amount if you are injured in an accident. Underinsured or uninsured motorist coverage would be coverage that you would purchase on the non-owner  liability policy which would provide bodily injury coverage for your own injuries if you are in an accident in which you were not at fault and the other driver did not have any or enough insurance. Rental car coverage would allow you to be in a rental car for a certain period of time if you were driving a non-owned vehicle that was damaged in the accident while that vehicle was undergoing repairs.

How Non-owners Insurance Coverage Works.

I know this seems somewhat confusing and I’ve only seen a non-owners policy on a very few occasions in many years of practice. Non-owners coverage is insurance which is purchased for a person and it will not cover anyone else. Typically, if you purchase an automobile liability insurance policy it covers everyone in your household that drives a vehicle. However, a  non-owners policy is basically a person to person policy meaning it covers only a specific driver and not a specific vehicle.

What is the Standard Deductible for a Non-owned Policy?

 Generally there is not a deductible for a non-owned insurance policy because it’s usually a liability policy that is paying someone else’s damages that the person who owns the policy is liable for causing.

Who Needs a Non-owners Insurance Policy?

That is a good question because generally speaking people drive their own vehicles or live in the household where the vehicle is kept and  you are not legally required to maintain auto insurance coverage if you do not own a car. However,  there are several reasons that people purchase these policies when they don’t have their own vehicle. For example, people who rent cars frequently and the cost of the daily insurance becomes more than a non-owners policy, you regularly borrow friends and families car to drive or you sold your vehicle and are going to be working overseas and may only be driving occasionally when a vehicle becomes available. In addition, sometimes people who have an SR 22 because of a serious traffic offense or a loss of license for some reason purchase non-owner insurance policies.

People who Regularly Rent Cars may Buy a Non-Owner Policy

If you are a business traveler, a non-owner policy could actually be less expensive in the long run then repeatedly buying the coverage that is offered by the rental car company on the vehicle you rent. Generally, the rental car companies charge between $15 and $20 a day. If you are someone who rents a car more than 50 days a year,  those costs will likely be in excess of what you could purchase a non-owner policy for. However,  it is important to point out that if you own a vehicle and you rent a vehicle while you were on vacation or on business you are covered on your current automobile liability policy for any damages that arise. The only thing you would save is the deductible you would have to pay if a claim was made on your own policy and generally that is pretty much the same as the cost of the non-owner policy and there would not be a great deal of benefit for you to purchase another policy. It would probably be a better option to lower your deductible and pay slightly higher premiums on your current auto insurance policy than to purchase another one.

You Regularly Borrow Cars From Your Friends

If you’re a person who does not own a vehicle but frequently borrows cars from friends,  a non-owner policy may be a good option for you.   I think the most frequent time this would arise is perhaps a college kid who goes away to school, doesn’t own a car, but drives his friend’s car frequently. There are a lot of different scenarios to purchase a non-owner policy. Having a non-owner policy insurance that you have enough coverage in place when you drive that you don’t have to worry about the owners policy. It is important to point out that if the car belongs to someone you live with or you borrow the same car consistently you will probably be added to that vehicles policy as a covered driver.

You Will Not be Driving for an Extended Period of Time

Sadly,  insurance companies look for reason to raise your rates and if you’re a person who will not be driving for an extended period of time for any reason such as going overseas for a job, you may want to purchase a non-owner policy so that you have insurance coverage during that time. They are generally inexpensive policies and that way you do not have what is known in the industry is a lapse in coverage. A  lapse in coverage means a period of time in which you did not have auto insurance. If this occurs sometimes insurance companies charge you more when you purchase insurance coverage again because they consider you a risk since you did not insurance immediately prior.  It seems an unfair penalty for many people, but the insurance companies base  rates on statistics and have determined that if someone has a lapse in coverage they are a higher risk to underwrite.

Do you need an SR 22 or some other form because of a previous violation or driving incident

If you committed a serious traffic violation you may be required by your state law to get what is called an SR 22 or an FR 44 which is an insurance form in order to get your license reinstated in your state. Sometimes requiring those forms requires you to have higher insurance limits than the state minimum because you have been deemed to be an at risk driver. Those forms cannot be filed by you; they are filed by your insurance company. A non-owner insurance company can file those forms on your behalf. The benefit of using a non-owner Policy for those forms is that the premiums will be less expensive.   You’ll probably still sees higher rates than others but they will be less expensive than your primary insurance and it may be in your benefit to actually have two policies– one the non-owner and one your standard automobile liability coverage so that the SR 22 does not have to be filed by your regular car insurance company.

Instances When you Would Not Purchase a Non-owner Policy

A non-owner insurance policy is not a benefit to most drivers. If you own a car, if you borrowed a car from someone you live with, like a family member,  rarely borrow anyone’s car or you use a company car, you would not need a non-owner insurance policy. It is really a very specialized form of coverage for a very specific type of user.

You Drive a Company vehicle

You would not generally need a non-owner policy on a company vehicle because that vehicle is covered by your employer. Typically, when the car is being used for business purposes at the request of your employer,  the companies insurance will cover you. However,  if your company car is used for personal activities and your company prohibits such personal use it may be an option for you , if you do not have coverage on a private vehicle, to purchase a non-owned vehicle policy. It depends upon if your employer allows you to use the vehicle for personal use and knows that you are or if you would rather not involve your company if you are on your own time.   Generally, the company policy will cover you when you are using the company vehicle for personal use although a commercial policy may have exclusions.  Check with your employer. 

Costs

It may seem obvious, but a non-own policy is generally much less expensive than an owner policy because it is anticipating that it will be used infrequently. That is why it is really only useful for the limited reasons above. Not all carriers offer non-own policies but many major carriers such a State Farm, GEICO,  Progressive,  Nationwide, Dairyland and Titan do offer non-owned policies. It is difficult to advise rates because rates vary greatly depending on the coverage limits you select, your driving history, where you live and how often you expect to drive and whether you need special insurance forms for previous driving incidents. It is really only a policy for someone who does not own a vehicle.

If you have questions regarding a non-owner policy, please feel free to call our office.     At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

If You Know Your Company is Defrauding the Government, You Can be Substantially compensated in a Qui Tam Action

What is a Qui Tam Action, Who can Bring One,  and How the Employee is Paid Substanitally?

  1. Under the False Claims Practices act (FCA) an employee can sue his employer for defrauding the government.
  2. The employee steps into the shoes of the government to recover defrauded funds.
  3. Damages are three times the actual amount of the fraud under the statute.
  4. The whistleblower employee can be entitled to 15% to 30 % of the amount recovered.
  5. These actions can range from medical billing fruad of medicare and upcoding to selling supplies to government agencies from no eligible countries aka those that have reciprocal trade agreements.

What is a Qui Tam Action?

Under the false claims practices act (FCA) a whistleblower can bring a lawsuit independently on behalf of the United States government to recover money damages from parties or companies who are defrauding the United States government out of taxpayer money. These are called Qui Tam actions. In a quit him action, the eligible whistleblower is referred to as a relators and they are entitled to claim a percentage of any of the sons recovered by the government.  Under the false claims practices act (FCA) a whistleblower can bring a lawsuit independently on behalf of the United States government to recover money damages from parties or companies who are defrauding the United States government out of taxpayer money. These are called Qui Tam actions. In a quick Tim action, the eligible whistleblower is referred to as a relay tour and they are entitled to claim a percentage of any of the funds recovered by the government. If you believe that you are a witness to government fraud and would like to file quickly Tam lawsuit, you need to reach out to an attorney. Quit and lawsuits are not like other ordinary litigation. They have very different procedural rules and the underlying law and regulations can be very complex.

https://www.justice.gov/civil/false-claims-act

Special Rules for Qui Tam Actions?

 If you believe that you are a witness to government fraud and would like to file quickly tam lawsuit, you need to reach out to an attorney. Qui Tam lawsuits are not like other ordinary litigation. They have very different procedural rules and the underlying law and regulations can be very complex.

There are important terms to know if you are considering filing a qua tam action

What is the False Claims Act?

The False Claims Act FCA can be found at 31 US C section 3729 and was passed in 1863 in response to the defrauding the funds by the union army during the Civil War. The FCA is the foundation of the United States whistleblower program and is commonly used statute employed by Qui Tam lawyers to allow the relators to report fraud and misconduct against the United States government.

The false claims act FCA can be found at 31 USC sections 3729 and was passed in 1863 in response to the defrauding of funds by the union army during the Civil War. The FCA is the foundation of the United States whistleblower program and is commonly used statute employed by Qui Tam lawyers to allow the relators to report (the term for the employee) fraud and misconduct against the United States government. https://downloads.cms.gov/cmsgov/archived-downloads/SMDL/downloads/SMD032207Att2.pdf

What is a qua tam lawsuit?

Under the False Claims Act, private citizens are allowed to sue fraudsters on behalf of the United States government. This type of lawsuit is called a Qui Tam action. The words Qui Tam (generally pronounced as KEE  TAM), are Latin and derive from the phrase that means “he who sues on our lord on the kings behalf as well as his own.” (a general translation)

Who are the relators?

Under the False Claims Act, the relator is what whistleblowers are often referred to in the context of  false claims act cases. In a Qui Tam action, the relater is the person who relates the information of the fraud which the lawsuit is based on.

How Much Money can the Employee Recover?

Under the False Claims Act the government may seek treble damages which means damages in the amount of three times the actual amount of the losses. The relater a.k.a. whistleblower are typically awarded between 15 and 30% of the damages that are recovered. This can be a substantial amount.

Examples of Qui Tam Actions

  1. Failure to Comply with US Trade Agreements

When a company receives a government contract they must certify that they have complied with the US Trade Agreement Act. This means the vendor must only sell products to the  US government that are substantially made in eligible countries which are considered those countries that have reciprocal trade agreements with United States. Such eligible countries include Canada, Mexico, England, France, and Japan. Specific countries that are not eligible include China, Taiwan, Malaysia, and South Africa. In a recent  Qui Tam action, a whistleblower brought suit under the False Claims Act against five companies that paid a total of $30 million to settle the False Claims Act claims when they sold products to the US government not permitted under the agreement. Those companies included Corporate Office Express Products who paid $5 million, OfficeMax who paid $9.8 million, Office Depot who paid $4.75 million, Staples who paid $7.4 million.

  • Up coding of Medical Charges

Up coding means when a healthcare provider submits a code for services provided for a more serious and expensive condition or procedure then was actually performed on the patient and submits these charges to Medicare or Medicaid on behalf of the patient. This is considered a fraud of Medicare and Medicaid. As some examples, in 2014 Care All Management ,LLC, which is a Tennessee based home health provider, pay $25 million to the United States government to settle allegations that it up coded home health Billings to Medicare and Medicaid. Another example is Endogastric Solutions which was a Washington-based medical device manufacturer which return $5.2 million to the federal government in 2014 to settle up coding allegations. The basis of the suit was that device could be implanted via two different procedures, one which was more expensive than the other and the company consistently promoted the more expensive procedure.

  • Mortgage Fraud

Another Qui Tam action that has been brought is when the mortgage company or lender provides false information to the FHA. Recently, a company formally known as Prism Mortgage paid $10.7 million to the United States government in a Qui Tam action where it was alleged the company provided false information to the FHA regarding the credit history of borrowers and employment history in 219 loan applications. All of those loan applications resulted in foreclosure.

  • Fraud in Construction Projects

Fraud in construction projects includes practices by contractors that include overcharging for contracts and failing to follow project specifications. There have been multiple high dollar Qui Tam actions brought in the construction industry. For example, a  large construction company in Boston admitted that it had violated the terms of its contract and failed to oversee the safe and proper construction of the I -90 connector tunnel when it new bolts were failing to withstand the  load of the ceiling panels. The collapse of that tunnel killed a woman in a car in 2006 and the company paid $407 million.  Of that settlement $23 million went to the federal government to settle the Qui Tam action brought by one of the employees

  • Examples of Medicare Fraud

There are many examples of Medicare and Medicaid fraud that include billing for brand-name prescription drugs when generics are used.  In addition pharmacies have been found to fill prescriptions for Medicare from doctors that did not exist or a doctors have been found to accept bribes in exchange for prescribing specific drugs in the form of manufactures rebates.   In addition, billing for services not rendered, patients not scene, services not performed or more expensive services are all examples of Medicare or Medicaid fraud.

If You are an Employee with Knowledge of Fraud, Call Us Today

These are just a few of many examples of Qui Tam actions that have been brought by whistleblower employees against the federal government and recovered millions of dollars of damages defrauded from government agencies. If you are employee who believes that there is such a fraud going on by your employer, please contact our office today to discuss your potential whistleblower claim. In these actions the employee raising the fraud and bringing the action can receive 15% to 30% of the total damage award for bringing such fraud to the government’s attention and pursuing the action

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. If you believe your employer is defrauding the United States Government and would like to bring a Qui Tam action, call our office immediately.  We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

HOW DO I EDUCATE MY CHILD WITH SCHOOLS GOING TWO DAYS A WEEK!!!!!

FIVE WAYS PARENTS CAN TEACH KIDS EVERYDAY

  1. Compare items costs at the store by size and value;
  2. Watch educational shows on PBS and discuss;
  3. Watch the news together and talk about the “history of today.”
  4. Make meals together to learn cooking, measurements and cleaning;
  5. Read together – find books or even articles online that interest them.

The coronavirus pandemic has created the greatest disruption of our education system in history. The pandemic has not only affected education in the United States but worldwide. It is estimated that 1.6 billion students in more than 190 countries have been impacted by school closures amounting to 94% of the world’s student population. Since there were already education disparities before the pandemic, this has affected our vulnerable youth and adults in risk areas and persons with disabilities disproportionately. Not only has this impacted their education but many children do not have access to food and supervised interaction during this time. Although the disease has brought pain and suffering to every corner of this nation, it is not just a disease that is causing the suffering that many Americans including our children are facing. It brings to light the incredibly important role that our educators play in our children’s lives on a daily basis.

Like many parents I have watched our schools rapidly deteriorate since the pandemic began. Sadly, our country seems to be completely incapable of remote education at the primary level. Perhaps the summer has brought our traditionally classroom educators new insights and they will be prepared for a fall semester of online education .  I am deeply hopeful that is the case for all of our kids. But for many of us who lack confidence,  the question arises “what our options.”  Students in the US have the right to a Free Appropriate Public Education (FAPE), which is guaranteed by the Rehabilitation Act of 1973.  FAPE is a civil right that is founded in the Fourteenth Amendment that requires schools to provide students with disabilities special education. Rehabilitation Act of 1973.

The right to a free public education is actually located in the state constitutions and not in the federal constitution. Each state in the US  has a provision in its constitution, generally referred to as the “education article,” that guarantees some form of free public education.  Surprisingly, the United Stated Constitution is silent on the issue of public education.  In San Antonio Independent School District v. Rodriquez, the U.S. Supreme Court in 1973 held that education is not a “fundamental right” under the U.S. Constitution. It is left to the states.  The Nevada Constitution states:

“The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year … and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools.” Nev. Const. art. 11, § 2.

Unfortunately, the state clauses do not specify that has to be a competent education. So what are parent’s options? In researching this as much for myself as for this blog, there are several choices;

  1. Private school. It is perplexing that the private schools can exercise appropriate safety

measures as well as many universities by wearing masks, distancing and increased cleaning measures to hold classes with students and maintain safety. Unfortunately the public schools are ill-equipped apparently for this task.

2.  Actual homeschooling.  Many think that homeschooling is simply providing various, unstructured lessons to children.  In fact, as many homeschoolers are well aware, there are programs that are accredited and recognized for students to learn at home through the private sector. These programs can be purchased online with online support where students are required to do lessons every day and graded on lessons. Unfortunately, this does take a great deal of parent involvement and if parents are working this is not an option for many.

3 Community homeschool this has been successful for several years in other jurisdictions were groups of children engage at homeschool programs but rotate between their homes so that parents supervise them one or two days a week instead of five days a week to allow them to work. If you live in a tight community whether it is your church or your physical neighborhood this is a great option as it also allows parents to share the expense of the homeschooling programs which sometimes can be somewhat costly.

4. For high school students, Community College of Southern Nevada (CSN) has a great dual enrolled but program or allows high school students to take college courses online. https://www.csn.edu/high-school-programs  these programs have been available for years and if your student is going to be home taking courses online anyway it would be much to their benefit to take these courses through the college system and allow them to obtain college credits during these times.

5. There are also many private tutoring companies available that provide excellent extra instruction for kids at grade level in subjects such as math, science and English. Although these programs can often also be quite costly, even several hundred dollars a month, they provide children the extra instruction that they will be lacking from the public school system.

The question arises where will our children be in their education when the pandemic has resolved and a vaccine is released? How will our children be when Americans are able to go back to work and their daily lives?  The answer seems quite clear and that they will be behind.  Although many of our leaders are of the mindset that safety trumps education, I do agree that we cannot have safe education.  Our education system failed our youth during the spring and it is incumbent upon us as a community, a society and parents to help our children continue their education during these difficult times. 

As the pandemic has pushed the world into the largest global recession of our time, one of the consequences will be the impact on our educational system. Part of the new normal will be parents increased role in their children’s education. Although parents have always been involved in their kid’s schoolwork, this involvement will now need to surpass the occasional science projects, book reports special assignments and move into the realm of actual hands-on learning with our kids. We will all take on new roles as educators to interact with children to bring the lessons to them that they will be missing in school for the foreseeable future. For all of us it is important to remember that there are lessons in everyday life.  From adding up and comparing costs at the grocery store, to making our children think of what is a better value by ounces and cost, to reading the signs, to watching educational programs together and discussing them. There are dozens of ways to teach our children from every day experiences. I hope that what you will take away from this blog is that, for now, we all have an additional job of teaching our kids at every opportunity.

The United Nations has published a paper this month (August 2020) discussing the effects of the pandemic on the world including on our education systems and our kids. https://www.un.org/sites/un2.un.org/files/sg_policy_brief_covid-19_and_education_august_2020.pdf

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

The Coronavirus Release

WHAT TO KNOW ABOUT A CORONAVIRUS RELEASE

  1. The three states that have protection by law for businesses are Utah, North Carolina and Oklahoma to date;
  2. Legally, It is very difficult to prove where you contracted the virus;
  3. The Republicans are trying to pass blanket protections for business without blanket safety requirements;
  4. A release will generally not protect a business from it’s own negligence.
  5. Always pratice safety in public during the pandemic to protect yourself and your family from illness.

Now that things are slowly opening on a limited basis with restrictions lifting, the questions  that are going to arise in legal minds are will there be a liability if people get the COVID-19 virus while they are out at a business. The biggest problem with this argument is that it is very difficult to prove how the virus was contracted. Businesses are currently concerned about the threat of being sued over liability for patrons contracting the virus at their establishments. Slowly the states are setting guidelines for businesses to follow and many businesses are taking it upon themselves to enact stringent cleaning procedures. Some states have put liability protections in place for businesses which include, at the writing of this blog, Utah, North Carolina, and Oklahoma to protect businesses from liability. Some politicians are pushing for broader liability shields for businesses in the upcoming coronavirus relief package.

In the meantime we are living in this ever fluctuating age of regulation, non-regulation and fear. Businesses are desperately trying to determine how to protect themselves from lawsuits and how to protect their customer safety. Many are instituting temperature checks and requiring people to fill out forms certifying they do not have COVID-19 symptoms. Masks are required in most states now and most establishments have additional procedures such as paper menus, different types of  disposable condiment packaging,  and  new seating arrangements that include social distancing. Despite all of these precautions, many businesses are requesting that clients sign a COVID-19 waiver.

The ever-changing guideline structure of the COVID-19 pandemic, CDC guidelines, state regulations, city guidelines, and county regulations are putting businesses in a catch 22. They can be following procedures one day and they can change the next. Many governors are changing their mind on regulations on a weekly –sometimes daily basis. The COVID-19 release below is a standard release that we have seen being used by various businesses. Whether such waivers will actually protect businesses from lawsuits is still an open question. However, many states have a long history of enforcing liability waivers that stem from primarily the recreational industry such  ski resorts, amusement parks and bounce houses. Whether you’re riding a horse, getting on a raft on a river, or tubing down a mountain, all of the activities that we enjoy that do come with some risk.   Liability waivers  have long been used by businesses in these type activities and have often been enforced.

However,  like the pandemic itself, some states are not as apt to enforce liability waivers. In California, liability waivers are often not enforceable. That doesn’t mean that companies aren’t using them but often times it may not do much to change the ultimate outcome of the situation.  It has long been  established in the law that you cannot disclaim your own negligence. This means that as a business owner, if you act irresponsibly, you can be held accountable regardless of the waiver. Courts are inclined to enforce a waiver when the injury or illness that occurred  was the natural and probable risk of the activity.

Based on an overall reading of the law, if businesses are following all of guidelines that are required of them by state and federal authorities and exercising caution, they may likely be protected.   Such guidelines generally include requiring social distancing, wearing masks, using heightened cleaning procedures, using disposable utensils and condiments .  It is likely that the liability waiver it would be enforced if said procedures are followed. Especially in conjunction with the fact that it is very difficult to prove how the virus or where the virus was contracted.

However if businesses are negligent by not social distancing patrons and not following guidelines, they may be held accountable despite the waiver. We are currently in an unprecedented situation and there is no rulebook for our current state of affairs. We must depend on businesses to use the best judgment and procedures they can to protect their customers .  In return, customers must use caution and follow the rules to protect themselves during these difficult times.

This Release you may be asked to sign will likely look something like this:

Assumption of the Risk Waiver/Release

Assumption of the risk and waiver of liability relating to coronavirus/COVID-19 the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the world health organization. COVID-19 is extremely contagious and is believed to spread mainly from person to person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The XXXXXXXXXXXXXXXX (business name)  has created new protocols and put in place prevention measures to reduce the spread of COVID-19; however Assumption of the risk and waiver of liability relating to coronavirus/COVID-19 the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the world health organization. COVID-19 is extremely contagious and is believed to spread mainly from person to person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The XXXXXXXXXXXXXX (business name) has created new protocols and put in place prevention measures to reduce the spread of COVID-19; however, This business cannot guarantee that you or your children will not become infected with COVID-19. Further, attending any program, event, gathering, may increase you or your children risk of contracting COVID-19.

By signing this agreement, you hereby acknowledge that the Contagious nature of COVID-19 in voluntarily assume the risk that you and or your children may be exposed to, affected by, subjected to, COVID-19 by attending this event/program/gathering, and that such exposure or infection may result in serious injury, illness, disability, and or death. I hereby understand that the risk of becoming exposed to or attracted by COVID-19 at this event, gathering, or program may result from the actions, I’ll Contagious nature of COVID-19 in voluntarily assume the risk that you and or your children may be exposed to, affected by, subjected to, COVID-19 by attending this event/program/gathering, and that such exposure or infection may result in serious injury, illness, disability, and/or death. I hereby understand that the risk of becoming exposed to or attracted by COVID-19 at this event, gathering, or program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, company employees, volunteers, attendees, participants, other family members. I voluntarily agree to assume all of the foregoing risks and except soul responsibility for an injury to myself my family my children including but not limited to illness, injury, disability, hospitalization, damage, loss, expense, death, or liability, of any kind that I wore my children or family may experience or incur in connection with said attendance at this event, program, And or gathering.

On my behalf, on the half of my children, I hereby release, covenant not to Sue, discharge, and agreed to hold harmless sex business entity, it’s employees, it’s representatives, is agents, and it’s a science, from any and all claims, including liabilities, actions, damages, costs and/or expenses of any kind that may arise out of for the late there too. I hereby understand and agree that this release includes any claims based on the actions, omissions, and or negligence of X business entity, its agents, it’s employees, And/or it’s legal representatives whether the COVID-19 Infection occurs before, during or after participation in and attendance at said event

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

WILL THERE BE A SECOND STIMULUS CHECK PACKAGE THROUGH THE HEROS ACT

FIVE ISSUES OF DEBATE FOR THE HEROS ACT

  1. Second stimulus payments of $1,200 (seems to be agreed)
  2. Liability protection for Business’s for illness of customers (not agreed)
  3. Aid for State and  local governments (not agreed) 

As difficult as it is to accept, the pandemic continues in this country at full force. I think like many of us, I keep hoping to wake up and see that the cases are dropping dramatically. Although we are all praying that day will come, sadly it has not come yet. It has been over a week since the federal stimulus funding of $600.00 a week for federal unemployment benefits has officially expired on August 1, 2020 and several weeks since the last payments went out in 49 states. Unfortunately, our lawmakers have failed to reach an agreement on the next stimulus relief package, although our majority democratic house has passed a bill that has been on the table for many weeks.

As the raging partisan debate goes on, Americans continue to suffer.   Our kids are at a standstill in their education and this country continues its spiral downward.   Our schools are in chaos, our economy is in turmoil, and our morale is in mourning for all of the loss that has been suffered by so many families.  Life events continue to be missed and the sadness most of us are feeling during this dreadful time is plaguing all aspects of our existence.  Meanwhile, Congress sits on the hill refusing to relieve American panic and misery making little progress in reconciling the $3.4 trillion HEROS Act that was passed by the House of Representatives in May.   I won’t even go into the complete lack of leadership for nationally enforced safety protocols that should have been implemented from the beginning.

The Senate revealed their $1 trillion HEALS Act last week, almost 2 1/2 months after the House passed the HEROS Act. In the interim of the infighting, close to 30 million Americans are anxiously awaiting  new benefits as they are now formally cut off from enhanced unemployment benefits and unable to go back to work in the mist of our tragic economic state.   Without leader ship to put a formal plan into place for testing, regulation and protections of the American health, the entirety of the pandemic will likely be one of the most tragic political events of all of our lifetimes.  

While we can all debate the best practices to slow and ease the pandemic, the impact on the economy cannot be denied and the destruction it has caused continues to impact most Americans. So what exactly are the members of the House and the Senate arguing over? Although lawmakers are still far apart on some key issues, there is some agreement on certain elements of the bills.  Chief negotiators Nancy Pelosi, Speaker of the House, Minority Leader Chuck Schumer, Treasury Secretary Steve Mnuchin and  White House Chief of Staff Mark Meadows have reportedly agreed to strike a deal and have a vote by the week of August 10.  Although they are committed to bringing the matter to a vote, the divide between the parties is still great. In fact, it is $2.4 trillion great.

What is Agreed Upon: 

At the writing of this blog it seems that both sides agree about:

  1.  Sending Americans a second stimulus check for approximately $1200 for single filers. 
  2. Shockingly, they also seem to be in agreement at keeping schools closed and childcare closed which leaves this country at the  standstill  it has been that at to this point. 

These seem to be the only issues that the sides agree on.

What is Not Agreed Upon: 

The parties remain at odds on many issues including: 

  1.  Whether to  include state and local governments in the federal relief package;
  2.  Whether to extend federal unemployment benefits. 
  3. Providing a liability shield for businesses against liability for patrons contracting the coronavirus.  This is a difficult matter and I have prepared a subsequent blog regarding a coronavirus release. It is likely that you will frequently see a liability release in the future and currently for everything from schools, to any businesses that start to open including gyms, entertainment facilities and even salons.

The federal provision to protect businesses is not something that I would disagree with as long as businesses are held to the highest standard and follow guidelines to protect their clients and employees. The problem with a blanket protection is that it must also come with blanket requirements of protection which we have not had to date. I believe that the biggest problem with regulation during the pandemic has been the failure of our leadership to immediately and swiftly put safety measures into place, everything from handwashing, to mask wearing, to social distancing as soon as the pandemic started in order to protect Americans and our economy. I guess hindsight is always 2020, but a federal provision to protect businesses is not something that I would disagree with as long as businesses are held to the highest standard and follow guidelines to protect their clients and employees. 

To protect Businesses from their own negligence in exposing guests to illness defies long-standing principles in the law.  However, I do believe that there can be protection if federal guidelines are in place that businesses strictly follow.  Thus, there can be liability for failure to follow the guidelines to protect their patrons.  Just like all aspects of negligence law, elements of negligent must be clearly outlined to allow for adherence.    If safety guidelines are clear and followed, business should receive some federal protection for their efforts to diligently protect their guests by following them and held liable for failing to follow the guidelines. 

Timeline

With the Senate set to recess on August 7, 2020 and extending the time for a vote,  members of Congress are starting to face the reality that heading home with struggling constituents is not an option. It appears they have agreed that the most important thing they need to do is to pass a relief bill for the American people before they leave Washington. For this reason it does appear that the stimulus may pass by August 7 or shortly thereafter. It will be approximately two weeks from the time the new stimulus bill is passed until most states are able to implement new benefits and resume payments. Therefore, if Congress is able to stick to its current timeline and pass the bill the week of August 7, 2020, Americans may not see money arrive until the end of August which could be more than a month since their last federal benefit payment. In addition,  in the state of Nevada our office has received many calls regarding the inefficient unemployment department and their inability to get through and the fact that benefits were not paid for months after their applications were submitted.  There is currently a class-action against the state of Nevada for their mishandling of claims during the pandemic. https://www.ktnv.com/13-investigates/class-action-lawsuit-seeks-to-force-nevadas-unemployment-office-to-do-its-job

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A POWER OF ATTORNEY?

Power of Attorney Defined

You’ve probably heard the term power of attorney many times but I think there is a lot of confusion as to what exactly is a power of attorney. Basically, a “power of attorney” is your legal permission to allow another authorized adult to act on your behalf in very specific matters and that person will be called your “attorney in fact.”  You can grant your “attorney in fact” permission for an extremely specific and limited purposes and for a very limited period of time or you can make your permission much broader and for an extended period of time.  A power of attorney can relate to financial affairs, to your health care decisions, to educational decisions, or to any specific life decisions that you wish to dedicate to another adult for any reason.  Therefore. they must be drafted carefully and entered into with great caution.  You are basically giving your right to make certain decisions to someone else in certain situations.  

Types of Powers of Attorney/ Durable power of attorney

At this point you’re probably wondering what is the difference between a power of attorney and durable power of attorney. Most people are familiar with a durable power of attorney because you’re often asked by healthcare providers if you have one or requested to sign one before a major medical procedure. A durable power of attorney is specifically designed for use in case you become medically incapacitated and you are no longer able to make decisions on your own behalf. The standard durable power of attorney only becomes effective when it is signed and notarized and you become incapacitated.  If you are fortunate and never become incapacitated, a durable power of attorney never takes affect and the person that you appointed as your attorney in fact never has legal authority to make decisions over you or your assets. 

Both types of powers of attorney remain valid and in effect until you specifically revoke them, cancel the power of attorney, or indicate in the power of attorney itself the date they are no longer in force and affect.  Although durable powers of attorney are usually known as health care powers of attorney, a durable power of attorney can also be used to assign an attorney in fact to deal with financial and property matters and other legal matters on your behalf. You may appoint an attorney in fact in a durable power of attorney over specific assets such as possibly a specific mutual fund that you wish to pass in a certain way or a piece of property. 

It is important to note that a power of attorney is not a substitute for a will. You cannot appoint your attorney in fact to distribute assets in case of your passing in a manner that is contrary to any written will that you have previously executed.

Reasons for powers of attorney 

The reasons for power of attorney are as varied as life’s circumstances. However there are some common general circumstances that people tend to execute powers of attorney. For instant,  if you are planning on being on an extended vacation or out of the country and there are specific financial transactions that will need to go forward such as selling a house or closing on a mortgage or selling certain stock you made need a power of attorney.  Those may be situations where it is convenient or even necessary to appoint your attorney in fact to act on your behalf for those matters in your absence. 

This can also apply if you are being called away to military duty and there are transactions that will need to occur in your absence. Often times a power of attorney is needed if you will become incapacitated such as undergoing a surgery.  By preparing a power of attorney prior to undergoing the procedure this allows you to plan for who will be making decisions for you in the event that you are incapacitated for some period of time. 

Persons to be Appointed Attorney in Fact

The question arises as to who you can appoint as your attorney in fact. The person that you appoint as your attorney in fact basically steps into your shoes and makes decisions that you would make on your own. Your attorney in fact must be an adult and have the legal ability to enter into a contract. Because the requirements are not very stringent, it is really a guttural choice on your part to choose a person that you trust implicitly to conduct your affairs. They do not have to be a relative or a spouse or even a professional. It should be a person of competence that you trust. This may go without saying, but after many years of practice we have seen this occur. It is extremely important that you have the person’s agreement to act on your behalf as your attorney in fact before you name them as this is a voluntary position and no one can force them to make decisions for you.

The individual that agrees to act as your attorney in fact will be responsible and will owe what is called a fiduciary responsibility to you. That means the attorney in fact is required and legally bound to act in your best interests while acting as your attorney in fact. Although you do not have to pay someone to be your attorney in fact, if the duties are complex and require a great deal of time, it would be wise to consider compensation for the individual that you choose to be your attorney in fact.

Nevada requirements for Durable Health-Care Power of Attorney

If you are looking for a form for your durable health-care power of attorney in Nevada, there are certain required elements in Nevada pursuant to Nevada Revised Statute 449.830.  The statute provides that the form must be written and notarized.  If it is not notarized it must be witnessed by two adults that you personally know.  However, the witnesses cannot be a healthcare provider, an employee of the healthcare provider, an operator of a healthcare facility, an employee of a healthcare facility, or your actual attorney in fact.  In addition, one of the witnesses must be a person who is not related to you by blood, marriage, or adoption. Finally, according to an estate attorney to the witness’s knowledge, they must not be eligible to take part of your estate upon your death.  

You can also revoke your power of attorney at any time. You can simply use a one page form that states you are revoking all prior powers of attorney.  This form should be signed by you and notarized.

How do I prepare a power of attorney?

At The One Lawyer.com we are happy to assist our clients in the preparation of powers of attorney for any reason at a very reasonable cost. You can also locate forms for a power of attorney at a public library, online, or at the Clark County Law Library. In addition, office supply stores often have form books available. However it is important to note that you need to be careful with pre-printed forms because they are often intended for a specific purpose and if your purpose is more complex or you seek to have your power of attorney more narrow, you may wish to consult counsel to make sure that you do not give away excessive decision making ability to your attorney in fact.  At TheOneLawyer.com we prepare power of attorney‘s on a flat fee basis. Please contact us to discuss your needs and we can provide you a low cost to prepare your legal documents

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

HOW TO LEGALLY CHANGE YOUR NAME

As life goes by and changes, people find themselves, for many reasons, be it marriage, divorce, or estrangement from a parent, or a myriad of other reasons, a desire to change their name. The reasons for name change are usually personal but really not relevant to the actual process, as long as they are not criminal. If you were wondering if the state of Nevada provides process for you to change your name, — they do!

Fortunately, residents in the state of Nevada can change their name under most situations. There is some paperwork that can be a bit confusing.  At TheOneLawyer.com, we are here to assist you. We can handle this matter for you. Hiring an attorney to take you through the process can be a cost effective way to start your new beginning.  It is a multi-step process to change your name in the state of Nevada and this blog will outline the process.

Filing a petition

Nevada revised statute 41.270 provides a process for Nevadans to change their name. To begin the process, you will need to file a legal document called a “Petition for Name Change” with the Eighth Judicial District Court and pay a filing fee. Your petition will need to include specific information including your prior name, your new name, and the reason that you are seeking to have your name changed. In addition to this information, the petition must also state whether you have any felony convictions. If you do have felony convictions the process does become more complicated. https://www.familylawselfhelpcenter.org/self-help/name-changes/name-changes-for-adults  You also need to attach the civil cover sheet with your filing which is a simply form that can be found on the courts website.

Publication requirement

After the Petition for Name Change is filed with the Eighth Judicial District Court, it is required that the petition be published. Practically speaking this means that you must publish the notice in at County newspaper for three consecutive weeks on a weekly basis.  If for any reason you feel this could pose a threat to your safety, such as possibly being in a domestic violence situation, you can ask the court to waive this requirement. However, it must pose a threat to your safety or your children’s safety.

Ten days following the final publication, you must determine if there has been any objection filed to your application. This means you must check with the court to determine if someone has filed a legal objection to your request for the name change. If there has not been an objection filed, you can submit what is called a request to the judge to “summarily grant your name change” petition.  However, if an objection has been filed, the court will request a hearing. If the court holds a hearing, the court will take evidence from witnesses to make a determination as to whether there’s a good reason to change your name. After listening to the evidence, the court will determine whether there is good cause for the name change and enter an order granting or denying the request.

At the Law Offices Of Laura Payne-Hunt, aka TheOneLawyer.com, we charge a reasonable flat fee of $1,200.00 if no objection is made and there are no felony convictions for name change petitions.  We are happy to assist you with this legal process. Please do not hesitate to contact our office for any questions or assistance with any name change petition.

Felony conviction

If you have had a felony conviction you will be required to submit fingerprints as part of the application. If the court does grant the name change petition, the court will then submit a copy of the order with the fingerprints attached to the Central Repository for Nevada Records of Criminal History. This is to prevent someone from simply changing their name and not being able to be located if they have committed crimes. If you falsely advise the court that you do not have a felony conviction, the court will immediately rescind aka revoke the order of name change when the conviction is brought to the courts attention.

Reasons for Denial

Generally speaking, if there is no objection to a name change request and there is no felony conviction, the court will grant the request for name change. The court will only deny the request for name change if they find that there is some illicit purpose for the request. Examples would be attempting to evade creditors or escape law enforcement. The court will not allow a name change request to defraud creditors. In cases of child custody, the courts are sometimes hesitant to change a child’s last name if the child’s parent with the same last name is active in the child’s life and substantially complies with court orders. As a practical matter it is much easier to have an adult name change approved than a child’s name change.  The court will frequently ask for a hearing for a child’s name change to assess custodial issues and objections.

Filing a Petition for a Child

One parent can file a petition on behalf of their minor child if the child is 14 years or older and consents to the filing of the petition for name change. There are additional steps required in that you must serve the other parent with the petition by a process server. That allows the other parent the opportunity to file an objection. Therefore, practically speaking, both parents must agree to the name change unless one parent has given up their legal rights to the child.  However, the court can grant the name change petition for the child that consents if the child is over 14 and the Court finds good cause has been shown.

Gender Identity Name Change

A common reason for name change petitions are persons who are changing their gender identity. The process is the same as for any other petition for name change. You are still required to publish notice and wait for objections. The court is inclined to grant the request, again, unless there is an illicit purpose or objections in which case a hearing will be held to establish is there is good cause.

Where to File a Petition in Clark County

In Clark County, a Petition for Name Change, whether for an adult or a child, is filed in the Eighth Judicial District Court.  There are three ways to file the petition, at least pre-coronavirus. At this time, the Court is not taking in person filings but that may resume in the coming months. You can file the petition in person, when they open, by taking your paperwork to the District Court Clerk’s Office Family Court and Services Division at 601 N. Pecos Road, Las Vegas, NV 89155, before 4:30 pm to be filed in person. You can also mail your paperwork to the Family Court District Clerk’s office with a return envelope for a file stamped copy to be returned to you in which case you would apply for publication and then return the publication proof and petition to the court along with an order to be executed by the court. Finally you can file a petition online through Nevada’s e-file system for an additional $3.50 filing fee.

Court Costs for Filing of Petition

In Nevada, the cost of filing a Petition for Name Change is a $270 filing fee. That can be paid with cash, money order, or a credit card. It cannot be paid with a personal check. You can apply for a fee waiver.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area.  We are available to assist you with your name change needs at a reasonable cost.  We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Applying for Unemployment in the Pandemic

As most people are aware, the CARES ACT provided additional unemployment assistance for unemployed workers, including those in Nevada. Because the Pandemic has forced businesses to close and placed restrictions on other businesses, many Nevadans lost their jobs. The Unemployment Security Division of the Department of Employment, Training and Rehabilitation has been charged with administering unemployment assistance in Nevada. From the numerous calls we have received from panicked people, they have not done a very efficient job of administering these benefits.  First, I will review the eligibility requirements for Unemployment.  This Blog will also outline the additional benefits extended to unemployed workers by the CARES ACT and how to apply for those benefits.  In this increasingly uncertain and changing time, TheOneLawyer.com is here to provide up to date information on current and relevant legal and community topics.  Although many use these new terms interchangeably, the Covid-19 aka Corona Virus Pandemic is the event that spurred government to use its emergency powers to shut down our economy to “protect human life.”  The CARES Act (Coronavirus Aid, Relief, and Economic Security Act) is the response by Congress and signed by the President that is new law enacted to provide special benefits to our citizens impacted by the shutdown.  

Eligibility

The eligibility for unemployment assistance has not changed greatly. To be eligible for unemployment benefits in the state of Nevada, you must’ve been a person who was fully or partially employed and lost their job and become unemployed. You also must have earned enough wages to qualify and your status as unemployed cannot be a result of misconduct or fault on your part. This means you cannot be fired for cause and then be eligible for unemployment benefits.  Sadly, hundreds of thousands of Nevadans have lost their jobs as a result of the Pandemic through absolutely no fault of their own. When you make a claim for unemployment benefits you must file your claim each week, you must be able to work, you must be available for work and you must be considered to be looking for new employment.  The CARES ACT suspended the requirement to be looking for employment during the Pandemic.  Eligible recipients of unemployment receive payment of benefits which is supposed to take place seven days after the filing their first weekly claim. We have been told by many people that have called our office that is taking weeks and weeks for them to receive their benefits.   The CARES ACT also suspended the seven day wait time without benefits and pays benefits from the day workers lost their job.   Even though the processing is slow, you will receive benefits from the first day that you lost your job and the State will pay them retroactively when they are late. http://ui.nv.gov/PDFS/UI_Claimants_Handbook.pdf

In Nevada, the maximum benefit is set at $469 per week for 26 weeks unless extended by law but this has been extended by the Federal Government through the CARES ACT.  Under the CARES ACT, the federal government increased that amount by adding an additional $600 per week for unemployment to unemployed Nevadans. 

Response to COVID-19

In response to the Pandemic, Nevada has put into place a waiver for the work search requirement and the seven day wait.  This Means that people that have become unemployed as a result of the Pandemic are technically entitled to unemployment benefits more quickly. Although they are entitled to benefits more quickly, it does not appear that benefits are being paid more quickly. Other remedies provided by the CARES ACT for additional eligibility include the following:

1) You may be eligible for unemployment benefits if an employer that you previously worked for is forced to close due to the Pandemic restrictions and preventing their employees from coming to work.

2) You may also be eligible for unemployment benefits if you are quarantined and will be returning to your job when the quarantine is over

3) It may seem obvious, but if you are still working and receiving your pay you are not eligible for unemployment, even if your salary has been reduced.

4) The ACT also allows for some workers that have not traditionally been eligible for unemployment benefits such as self-employed workers, gig workers, independent contractors and other type of independent workers. Under the ACT, these workers are eligible for Pandemic unemployment assistance under public law 116-136 https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf.   For additional information about the current state of unemployment benefits in the state of Nevada during the Pandemic please see the following link https://detr.nv.gov/Page/Pandemic_Unemployment_Assistance(PUA) and 

CARES ACT

The CARES ACT was signed into law by the United States Congress on March 27, 2020.  The ACT provided for many public benefits including the expansion of unemployment benefits.  The ACT also provides for an additional $600 per week per applicant and an also provides each applicant with an additional 13 weeks of eligibility for unemployment which will help many Nevada families during this Pandemic.  This allows for a total of 39 weeks of unemployment under the CARES ACT and other Nevada law. The ACT also expanded unemployment eligibility for workers who were not previously eligible including part-time employees and those who are self-employed. For more details regarding the additional benefits see the attached link

Applying for Unemployment Benefits During the Pandemic

Now this is where it can get a little bit difficult. During this Pandemic time there is no in person claim filing method available. All claims for unemployment must be filed online.   The unemployment office provides an outline for applicants and step-by-step videos on how to file claims. However the backlog and the inefficiency of the website has created much stress among filers. The telephone line is only available at certain times and in fact the division has asked that filers only file on certain days. The employment Division is asking filers to file by their last name on the following days.  

    A to K file on Sundays;

       L to R file on Mondays;

       S to Z file on Tuesdays; 

However, you can renew your claim regardless of your last name Wednesday through Saturday. On April 15, 2020 the ESD created a new call center to try to assist with the enormous influx of unemployment claims. Call centers number is 800-603-9671.  

Under the CARES ACT, Nevada workers are eligible for up to 39 weeks of benefits. However if you are applying for benefits after the 26 weeks you must file the claim through this portal. There’s also instructions for this portal at the following link.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

EVICTION LAW OVERVIEW IN NEVADA AND PANDEMIC RELIEF FOR RENTERS

Help is available for anyone in Nevada facing eviction due to hardships created by the pandemic.  Nevada Governor Steve Sisolak issued a new directive on June 25, 2020 and lifted some of the prior pandemic ban on evictions.  Sadly, he continues to force people out of work, yet he lifts the protections previously in place.  Clark County Social Service is a government agency that operates financial assistance programs for the low income and unemployed families. They have emergency rental assistance programs to help with rent issues including eviction prevention help and low-income housing. The locations to call or apply at are below.

  • Pinto (Main Office) – 1600 Pinto Lane, Las Vegas, Nevada 89106, (702) 455-4270
  • Cambridge Office, 3885 South Maryland Pkwy, Las Vegas, NV 89119, phone (702) 455-8639
  • Fertitta Building, 1504 N. Las Vegas Blvd., Las Vegas, Nevada 89101, (702) 455-1990
  • Community Resource Center, 2432 N. Martin Luther King Blvd., Bldg. D, North Las Vegas, NV 89032, (702) 455-7208
  • Henderson Office, 522 E. Lake Mead Pkwy., Ste. 4, Henderson, Nevada 89015, call (702) 455-7918

For a list of the many organizations in Nevada providing rental assistant, log onto https://www.needhelppayingbills.com/html/rental_assistance_las_vegas.html.

Is your landlord still trying to evict you or your business during the moratorium on evictions? Help is available at the Nevada Attorney General’s Office. File a complaint at ag.nv.gov For assistance with CARES ACT log into https://www.lasvegasnevada.gov/Residents/Housing-Assistance-Program.  The programs close in days but keep checking back for additional funding to become available.  City residents may qualify for Clark County’s CARES Housing Assistance Program (CHAP) which provides rent, mortgage, and utility assistance to residents who have suffered financial hardship due to COVID-19 and now lack sufficient income or resources to pay their housing costs. Visit  https://helphopehome.org/clark-county-cares-housing-assistance-program/ for more information. As for the Pandemic rules Currently in Place, they vary depending on the type of lease:

Commercial Tenants including Small Business

The recent directive issued most urgently impacts Landlords of commercial properties, including small business and allows them to begin charging fees for delinquent payments, begin lockouts, or proceed with evictions for non-payment of rent or to begin the foreclosure process starting on July 1, 2020.

Residential Evictions

The order states that residential evictions and foreclosures will begin to be allowed on September 1, 2020.   The order goes on to state that late fees or fines for non-payment of rent or mortgage cannot be charged retroactively. The directive issued on June 25, 2020 also reinstates residential summary evictions and unlawful detainer actions that were instituted prior to September 1, 2020.  These are actions for eviction for certain causes other than non-payment of rent  including  holdover tenants, unlawful business being conducted on the premises, nuisance allegations, violations of drug laws, and other violations of lease agreement. 

Transient Housing

The moratorium does not apply to tenants living in transient lodging such as hotels and eviction proceedings may start on June 25, 2020 for such transient lodging.  However, an important clarification is that long-term tenants at weekly motels (those who have resided there for more than 30 days) have the same rights as any other renter, and eviction proceedings cannot start until Sept. 1, 2020.  For Tenants without a lease or tenants who are “at will,” evictions can begin on August 1, 2020.   It is important to know your rights.  A landlord cannot change the terms of a lease for the failure to make payment. 

In Clark County, the basis for evictions to take place is very straight forward.  The website outlines a lot of information. https://www.clarkcountynv.gov/constable/lasvegas/Pages/EvictionProcess.aspx  In addition to the County Website, the civil law self-help center has all the forms with a detailed explanation as to when to file which forms. https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions/information-for-tenants/89-responding-to-an-eviction-notice

If you receive an eviction notice, there are several ways that you can respond. The following are a list of your options if you have been served with an eviction notice:

1. Pay any Back Rent or Fees Owed

If you received an eviction notice on the grounds that you didn’t pay rent, then pay the rent and late fees in full prior to any eviction action. Preferably, pay within a short period after receiving the eviction notice. If the landlord accepts the rent, then you have a defense against any court proceedings. Paying the rent is full is often sufficient to resolve the issue between you and the landlord after receipt of an eviction notice. However, if this is the one excuse the landlord has been waiting for to kick you off the property, then you may have a fight on your hands.

2. Keep Records

If you plan on challenging the reasons you are being evicted, it is important to document conversations and interactions with the landlord and problems with the premises rented.  In addition, take pictures or video of damages and repairs that you believe the landlord needs to make or that that they allege that you need to make.  Finally, keep all documents sent to you by the landlord and copies of any documents you sent to the landlord.  If you send correspondence to the landlord requesting repairs and they fail to respond, you should send it Certified Receipt Mail through the post office to show proof of receipt. 

3. Fix Alleged Violations 

When a landlord gives an eviction notice because you violated some part of the lease, many agreements will allow you to fix  the violation within a specific amount of time.  If you fix the violation and the landlord still takes you to court, you have the defense that you have cured the alleged problem.  However, you are likely best served to take the time to find a new place to live on a residential lease.  Of course, on a commercial lease, it is not that simple.  

It’s in your best interest to attempt to reach a resolution with your landlord due to legal costs and other fees a landlord could recover from the court proceedings.  It’s best to fix the problem and agree on a move out date, if possible.  That is because in Nevada, once the lease expires a landlord does not need a reason to evict you. 

Nevada Is  A No-Cause Eviction State

 Under Nevada law NRS 40.251, a landlord can serve a No Cause Eviction Notice after your lease has expired.  Unfortunately, this notice is not required  to provide you with any reason or explanation for the eviction. If you rent by the week, the landlord must serve a 7 day notice.

Landlord’s Must Use the Courts To Evict Tenants

Under Nevada Revised Statute 118A.390 it is  illegal for a landlord to use “self-help evictions” to remove a tenant in an eviction.  Therefore, a landlord cannot change a tenant’s locks without order of the Court, the Sheriff, or Constable.  In addition, a landlord cannot force the tenant off the property by creating “unbearable” living conditions.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.