Going through a Divorce? 4 Ways a Family Law Attorney Can Help You

What once seemed like it would last forever is now coming to an end. Coming to the decision to get a divorce is not easy, but if you and your spouse have decided that is better for both of you – and your children, if you have any – to end your marriage, then a divorce is clearly the best option for all involved.

Though this time in your life can be emotionally taxing, with the help of a family attorney who specializes in divorce, this difficult time can be made a bit easier to bear.

Here’s a look at four ways a divorce attorney can help to make the journey down the bumpy path of divorce a bit smoother.

  1. Explain the Law. There are certain laws that need to be abided by when filing for a divorce, and these laws differ from state to state. A family attorney will be knowledgeable in the divorce laws that apply to your state and will be able to explain those laws to you so that you completely understand how they work. Having a full understanding of the laws that apply to divorce in your state can make the process easier and quicker.
  2. Determine What You’re Entitled To. Upon getting a divorce, you may be entitled to certain benefits from your spouse. For example, if you have been married for a specific amount of time, you may be entitle to receive a percentage of their pension; or, if you make significantly more than your spouse, they may be entitled to receive alimony. With the help of a family lawyer who specializes in divorce, you will be able to find out exactly what you are entitled to.
  3. Assistance with Marital Debts. Do you and your spouse own a house? Is the mortgage in both of your names? Does your husband owe money on a credit card, but both of your names are on the card? If so, though your spouse may be the one who put charges on the credit card, you may be held responsible for paying those charges if your spouse fails to make payments. With the help of an attorney, you can learn how to protect yourself from your spouse’s financial obligations.
  4. Assistance with Custody Arrangements. If you have children together, you will have to decide on a custody arrangement. Will the children live with one of you full-time and visit the other parent on certain days? Will you have shared custody? These are things that a family lawyer can help you figure out.

With the help of a family attorney like Souders Law Group who specializes in divorce, you can get through this difficult time in your life a bit quicker and a bit easier. 

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5 Questions To Ask When Your Personal Injury Claim Is Based On Emotional Distress

Physical injury is one thing in a personal injury claim, but emotional distress can be a lot harder to prove. Unlike a physical injury, emotional injury cannot be seen with simple observance in most cases. If you plan to base your personal injury claim on mostly emotional distress, there are five questions you should ask yourself to make sure you actually have a chance to prove your claims.

1. What is/will be the duration of your emotional distress? If the emotional distress you are experiencing is only short-lived, you have less of a chance of having a basis for a legal claim. For example, if someone posts a picture of you online and you are temporarily embarrassed, the effects will most likely be short-lived. However, if a photo is so degrading that it haunts you for the rest of your life, affecting future relationships in your personal and business life, this would be considered long-term distress. 

2. How severe is the underlying cause of your emotional disturbance? The initial action or negligence that caused your distress to start with will be heavily influencing in court. Simple actions of disregard are not usually considered as emotionally damaging as something major, such as an animal attack or medical malpractice claim. 

3. Can your claims be proven by a psychologist? A doctor’s note will not just help if you have physical problems, but if you are suffering with emotional damage as well. If you’re so distressed after an incident that a psychologist will put it in writing, you will have a better chance of getting somewhere with a legal suit. 

4. Is your distress related to a physical impairment? A personal injury claim will be much more likely to land in your favor if your emotional distress comes from a physical injury. For example, if you were in an auto accident where the other driver was at fault and you are left walking with a cane for the rest of your life, the emotional distress of the situation can be considerably high. 

5. How intense is the distress you are experiencing? Even the intensity of your emotional distress will be considered in a personal injury claim. If an accident or injury leaves you feeling vaguely bothered, you probably don’t have a case. But, if the intensity of your distress is enough to affect your everyday life negatively, you should talk to a lawyer. 

When it comes down to it, emotional distress can sometimes be one of the most difficult types of personal injury claims to prove. However, if you have the right answers to these five questions, there is a good chance that your claim will be successful. Talk to your chosen personal injury lawyer, such as those at The Gil Law Firm, for more information.

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What Do Family Law Attorneys Do?

Family law is the sector of law that handles all family and domestic matters. Family lawyers are responsible for advising clients on a broad variety of personal matters. The topics covered are often sensitive in nature for everyone involved. This type of lawyer will often assist husbands and wives, offspring, grandparents, legal guardians, and others. In most cases, family law attorneys assist in legal scenarios that arise between family members and spouses. Many of these situations are related to marriage, dissolution of marriage and children.

Separation and Divorce Procedures

Divorces are one of the most common legal processes handled by family lawyers. A divorce can have many long term legal, financial and person consequences. Each state has unique legal requirements that cover the different aspects of divorce. For example, some states require individuals to be legally separated before getting a divorce. Other states have no-fault divorce laws. All of this can be rather confusing for individuals, so they seek assistance from a family lawyer. Lawyers work on behalf of their clients to work out the details of divorce. Some details may include marital assets or alimony. If these matters cannot be settled outside of a courtroom, a family lawyer will represent a client during court proceedings.

Child Custody and Child Support

Child custody and child support arrangements are also handled by family law attorneys. It can be emotionally difficult for separated parents to work out agreements regarding their children. A family lawyer helps clients learn about the different types of custody and child support options. Joint custody and sole custody are the primary custody options. Clients are given information about the pros and cons of each type of custody agreement. This allows them to decide what type of custody to pursue. If a child custody case goes to court, a family lawyer represents a client in order to show that the client has the best interests of his or her child in mind. Lawyers will use different factors like parental stability and home environments to help build cases for their clients.

Additional Services of Family Law Attorneys

While divorce and child custody matters are the most common matters, there are many other sectors of family law. Family lawyers also help clients with a broad variety of other legal matters. Some of these legal matters include:

  • prenuptial agreements

  • paternity testing

  • adoption services

  • juvenile delinquency

In some cases, a lawyer will simply file paperwork on behalf of a client. In other situations, family law attorneys work to aggressively defend their clients in court. The assistance provided by a family lawyer like Nelson, McPherson Summers & Santos LC will vary depending on the needs of his or her clients.

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Worker’s Compensation & Some Exciting Upcoming Trends

You can’t predict if you will ever sustain an injury at your workplace serious enough to make it necessary to apply for workers’ comp insurance. While an attorney can assist you with initiating your claim, as well as getting approved, what information about the program as a whole? Here is an overview of some exciting current and upcoming workers’ comp trends:  

An evolving healthcare model

Just about every government financial program is constantly introducing new and improved ways of completing applications, checking the status of an existing application, and simply making the program more consumer-friendly. Workers’ comp has also introduced some helpful changes, as well.

One of the more notable changes is their improved focus on healthcare. Some of the larger employers are contracting directly with the top healthcare organizations. By doing so, this ensures that claimants are able to receive the best healthcare possible. Access to mental health services is also being improved, as it is recognized that mental health is an important component of overall health. 

Easier approval process

When it comes to being approved for workers’ comp, it all depends on your attorney’s ability to prove that you were, without a doubt, injured at work through no fault of your own. In the past, the approval process was more challenging. However, thanks to improved risk management techniques being utilized by many employers, approving claims is being streamlined. This will make it easier for companies to identify employees that are considered to be “high risk,” and it will also make it easier for those who are truly qualified for benefits to be recognized.

Advancements to improve finances

The workers’ comp program is always working to take advantage of innovative new practices that will result in the development of improvements. Thanks to technological advancements in data analytics, higher pricing and improved underwriting, the financial status of the workers’ comp program as a whole has improved. These improvements have also enabled claims to be processed more efficiently than in the past. This could result in receipt of benefits faster, should you ever need to file a claim. 

In the unfortunate event that you are ever the victim of a serious work-related injury and are in need of workers’ comp, then these upcoming trends should help you to feel more positive and hopeful regarding the entire process. Of course retaining the services of an experienced attorney would also be important. The right lawyer can assist you every step of the way, increasing your chances of being awarded much-needed benefits during a very stressful time. 

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Bail Bonds And How To Prepare For The Unthinkable

Few people expect to be arrested and sent to jail. However, it happens to millions of Americans every single year. In fact, there is a 5% chance that you will go to prison at one point in your lifetime! Thankfully, there is a system in place to allow individuals to leave jail in order to be with their families and work: bail bonds:

“What is a bail bond?”

When you get arrested and taken to jail, the police are legally obligated to charge you with a crime very shortly after your arrival. You will then be brought before the judge, where there will be a bail hearing. Based on the severity of the alleged crime, the judge will probably set bail, which is essentially a security deposit that you can make in order to ensure your temporary freedom.

“So I can avoid jail just by paying money? What’s the catch?”

Unfortunately, bail is generally set a lot higher than most people can afford to pay out of pocket. This is where bail bondsmen come, which are business that operate somewhat similarly to banks. They will loan you the money to cover your bail on the assumption that you pay it back later, with interest.

“What’s to prevent me from just running after I get out of jail on bail?”

Well, if you cover the bail with your own money, then you will lose all that money. Additionally, you will be pursued by the law and will be subject to additional charges on your inevitable capture.

If you hire a bail bondsmen to cover your fee, the the bail bond company will track you down. Although this situation isn’t as dramatic as portrayals such as “Dog the Bounty Hunter” make it out to be, at the very least you will have to worry about a warrant for your arrest that will last until you die.

“So what do I need to do?”

The best thing that you can do is to get in touch with a bail bondsmen and to discuss their rates. These consultations are free and will help you get a good idea of just how much you will be paying. Furthermore, it is a good idea to have the contact information of a bail bondsman, just in case.

Finally, the exact amount of the bail can vary from state to state, so you’ll need to research the laws in your state. For instance, if you live in Oregon, then commercial bail bondsmen are not going to be an option for you. To learn more, contact a company like A Bail Now Bail Bonds, Inc.

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3 Tips For Diffusing or Avoiding A Lawsuit

Getting involved in a personal injury lawsuit can be a major headache. Many people worry that they are going to be sued, and wonder what they can do to protect themselves. Although you cannot account for every situation, there are some things that you can do to protect yourself from being sued. Here are a couple ideas.

1. Be Kind and Diffuse The Situation

It is amazing how many lawsuits are filed because people simply are mad at each other. A neighbor might become angry at their neighbor because they had a fight over a property line. The two could have settled it on their own, but because one or both parties chose to be unreasonable, the fight ends up in the courtroom. Although it might be hard to swallow your pride and try to resolve it on your own, it can save you lots of money and preserve the relationship. 

It is important to mention that although you should be kind and try to resolve it on your own, you should never admit fault. By admitting that you did something wrong, you give a litigious person a free pass for suing you. You can say that you are sorry for their situation, but you shouldn’t ever say outright that you caused the problem.

2.  Get Verbal and Written Agreement

Before you enter into any kind of agreement with your neighbor, friend, or acquaintance you should get a verbal or written statement that you both agree to. This doesn’t have to be formal. It could be an email or text message stating that both of you were aware of the risks and that you agreed to it.

In addition, you should make sure that if you are hosting children at your house for an activity, such as a swimming, or birthday party you should make sure that you get written release forms. This will prevent the child’s parents from suing you in the case that their child is injured on your property.

3. Post Signs

When having people over to your house to swim, jump on a trampoline, or play high-risk games, you should have signs stating that they play at their own risk. Even a simple sign that says “swim at your own risk” can save you in the case that you are sued. This proves that you did not assume responsibility for those visiting your home.

By doing these simple things you can protect yourself from lawsuits that could drain you of all your financial resources. For more information, contact a lawyer like those at Parker & Frey.

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Don’t Give Up After The VA Denies Your Claim

Many veterans receive denials for their disability claim, but the reasons aren’t always what they seem. In many cases, a denial is simply due to a lack of evidence or incorrect formatting. In the event that you have a legitimate, service-connected injury that was denied by Veterans Affairs (VA), consider a few claim system traits and ways to enhance your claim’s validity.

What Is A Service-Connected Disability?

The term ‘service-connected’ refers to any disability that happened during military service or a later complication that was caused by military service. The distinction covers immediate issues such as broken bones, chemical exposure, reported psychological trauma (experiencing death, sexual assault and other experiences) as well as conditions such as cancer that may not be detected until years after military service ends.

There is no distinction between active duty and reserve military status; simply military duty and injuries that occurred during that duty. In the event that you were found at fault for events such as vehicle accidents, illegal assault not related to combat operations or self-inflicted wounds, there are slight changes to your claim that may still be covered by certain VA health benefits.

To support a service-connected claim, you need documentation that links your injuries to your claim. Such documentation can come from your military medical record, civilian hospital records, complaints made in official format or events listed in your service record or recognized public events that can prove your injury and involvement.

In some cases, the evidence may not be available. Your paperwork could have been lost, which can be an issue if your medical record was not electronically recorded (such as military commands without record-keeping capabilities). You may have ignored the problem, only to find out that the injury is far worse than anticipated. For these issues, it’s better to get the assistance of a personal injury attorney.

Legal Assistance For Proving Injuries After The Fact

If your injuries are not documented prior to military service, or if your medical documentation isn’t enough for the claims system, a lawyer can help you develop evidence in a format that the VA understands.

You’ll need to visit a medical team that can analyze your condition accurately and create a set of statements that fit with your disability claim. Getting the evidence is only one part; if you can’t accurately link the evidence to your injury or condition, the claim may be denied or delayed until the clarification can be made. An injury attorney can link the evidence in a way that the VA is less likely to deny.

Contact a personal injury attorney such as Boucher Law Firm to begin developing a claim with a better chance of success.

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