News | O'Keeffe O'Brien Lyson Attorneys - Part 21


July 6, 2016

Independent Contractor or an Employee – What’s the Difference?

Increasingly, many people want to fulfill a lifelong dream: being their own boss. But before they trade their employee status for that of an independent contractor, they need to know at least the basics of each. Generally, an employer-employee relationship exists if a worker performs services that can be legally […]
June 30, 2016

Bad Faith: When Insurance Companies Don’t Keep Their Promises

Policyholders pay insurance premiums to keep their policies updated on property they want to protect. In exchange for these payments, policyholders have a reasonable expectation that their insurance company will fulfill the terms of the insurance contract when they make a claim on their policy. In most cases, the insurance […]
June 22, 2016

How to Divorce, Even If Your Spouse Won’t Sign the Papers

When a person (known as the petitioner) decides to obtain a divorce and serves divorce paperwork upon his spouse, one of three things will typically happen: If your spouse answers and agrees with your petition, you have what is known as an uncontested divorce. If your spouse answers and disagrees […]
June 20, 2016

Questions to Ask When Hiring a Divorce Lawyer

When you’re contemplating divorce and looking for an attorney, remember one thing: you don’t have to hire the first one you meet. Choosing the right divorce attorney is one of the most important personal and financial decisions you are likely to ever make. Some questions to consider asking during your […]
June 16, 2016

Sleep Deprived Motorists Continue to Cause Accidents

Current data suggests that despite media attention and public awareness, drivers are continuing to drive while drowsy in great numbers. In 2014, there were 846 fatalities recorded in the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) database that were related to drowsy driving, a statistic that has […]
June 14, 2016

What is Medical Pay Coverage, and Do I Really Need It?

With car insurance premiums rising, some people have cut corners by dropping medical payments coverage, commonly known as med pay, from their policy, especially if they have health insurance. But is dropping med pay really a good idea? The Benefits of Medical Payments Coverage Med-pay is an optional addition to […]
June 8, 2016

Injured in an Accident? Don’t Forget Mental Trauma

Accident victims are usually (and understandably) focused on their physical injuries. But what many injured people do not understand is that emotional trauma, very common following a car accident, is also a compensable damage. Emotional Distress  Many accident victims are too busy dealing with their physical injuries, medical bills, and […]
June 6, 2016

Fatigued Driving: An Emerging (and Deadly) Problem

Although drunk driving is no doubt a very serious problem, another deadly habit is proving to be even more widespread: drowsy driving. According to NHTSA’s National Motor Vehicle Crash Causation Study (NMVCCS), drowsy drivers involved in a crash are twice as likely to make performance errors as compared to drivers […]
June 2, 2016

Ways to Determine Who was at Fault in an Auto Accident

The process of sorting out who was at fault in an auto accident is not usually easy, but is extremely important to everyone involved for one basic reason: establishing liability. Generally, the at-fault driver must pay for all the damages, but it is ultimately the drivers’ insurance companies who assert […]
May 31, 2016

Legal Tips for Getting a Divorce

Divorce is a painful process, but there are certain things couples can do to make a difficult experience run as smoothly as possible. Prepare for the divorce. The best way to make sure your divorce goes as smoothly as possible is to be prepared for the process. This includes knowing […]
May 27, 2016

Legal Tips for Choosing a New Daycare

The demand for daycare is both widespread and problematic. According to the New York Times, approximately 12 million American children age four and under are cared for on a daily basis by someone other than a parent, not counting the millions of school age children who require care when school […]
May 25, 2016

Damages Available in a Wrongful Death Case

When someone dies due to the fault of another person or entity, compensation for the family of the deceased can come through a wrongful death lawsuit. Wrongful death claims can involve a variety of matters, including fatal car accidents, medical malpractice, or dangerous or defective products, and the damages available […]
May 18, 2016

Settle or Sue – How Do You Know?

Many people assume that personal injury lawsuits frequently go to trial, but the opposite is actually true. According to, 95-96 percent of personal injury cases are settled before trial. What’s more, 90 percent of the cases that do go to trial don’t end with a favorable result, although the […]
May 5, 2016

How Do Unmarried Fathers Establish Paternity?

Paternity is legally determining the father of a child. Because every child deserves the financial and emotional support of both a mother and a father, establishing paternity is extremely important. Why Establish Paternity? Establishing paternity creates a legal relationship between a father and a child, and is particularly important for […]
May 3, 2016

North Dakota’s Abortion Lawsuit Fund In Danger of Being Drained

Lawyers representing North Dakota’s only abortion clinic have announced that they will seek litigation costs from the state after the U.S. Supreme Court refused last month to review lower court rulings overturning the state’s ban on abortion at six weeks of pregnancy. Federal law allows attorneys in civil rights cases […]
April 27, 2016

North Dakota Voters May Consider Legalizing Marijuana in November

Dependent upon North Dakota Secretary of State approval, a group of supporters have until July 11 to gather the 13,452 signatures needed to get a measure legalizing marijuana for recreational use on the statewide ballot in November. Supporters of legalization say that should the measure pass, North Dakota would be […]
April 25, 2016

Major Players in a Personal Injury Lawsuit

Most people who are injured and subsequently file a personal injury lawsuit have little or no experience with the U.S. legal system, and a thorough understanding of who is involved in a typical personal injury case can alleviate some of the associated stress and help make the case run more […]
April 21, 2016

Tips for Preparing for Divorce

Every day dozens of couples decide to end their marriages. Divorce, or dissolution of marriage, may be pursued for a number of reasons, including spousal abuse, an unfaithful spouse, or irreconcilable differences, and North Dakota recognizes both fault and no-fault grounds. Regardless of the reasons for a divorce, spouses should […]
April 19, 2016

Times When You Should Have Your Attorney’s Number on Speed Dial

Depending upon what may be at stake, there are certain situations when you should definitely consider hiring an attorney, including if and when: You are arrested. While this might seem obvious, some people fail to consult with a criminal defense attorney when they are arrested or taken into custody. This […]
April 11, 2016

Transgender Bathroom Law Facing Early Challenge

One week after North Carolina’s transgender bathroom law was passed, opponents of the new law have challenged it, calling it discriminatory and saying that it singles out LGBT people for “disfavored treatment.” The law, passed by a Republican-led legislature during a one-day special session called to repeal a Charlotte city […]
April 7, 2016

Do I Need a Lawyer If I Win the Lottery?

If you hit the jackpot and win the lottery, you’ll never have to worry about money again, right? Wrong. With good money management you could live well for many years, but from the moment you claim your prize, the temptation to squander your winnings will be ever present. One of […]
April 5, 2016

Are There Advantages to Legal Separation Over Divorce?

These days, more and more couples are deciding to remain separated rather than divorce, even though they no longer wish to be married. Sometimes choosing to legally separate instead of get a divorce is a good financial decision, although other reasons may also come into play. Financial Benefits One of […]
March 30, 2016

Collision With a Large Commercial Truck: No Small Matter

Because of the weight and size of commercial trucks as compared to passenger cars, collisions involving the two often result in very serious injuries, particularly for those traveling in smaller vehicles. According to the National Highway Traffic Safety Administration, there were 3,964 people killed and 95,000 people injured in crashes […]
March 28, 2016

Can a Person Drive Safely – and Legally – After Smoking Marijuana?

Although few would argue with the statement that marijuana and driving do not mix, one challenge is that the effects of marijuana upon driving ability are hard to quantify. Marijuana Affects Driving Differently Than Alcohol Alcohol’s effects upon drivers differ greatly from those of marijuana. The detrimental effects of marijuana […]