What Is a Legal System?

Not Your Usual Exam: What To Know About The Workers’ Comp Independent Medical Exam

Posted by on 12:18 pm in Uncategorized | Comments Off on Not Your Usual Exam: What To Know About The Workers’ Comp Independent Medical Exam

For those who suffer from an on-the-job injury, you can rest assured that workers’ comp insurance will cover you for your medical expenses as well as provide you with a portion of your salary while you stay home and get better. At some point, once you have been collecting benefits for a while, you may receive a request to undergo a particular type of medical exam called an independent medical exam (IME). Read on to learn more about this type of exam and what it could mean for your ability to continue to get workers’ compensation benefits. What is an independent medical exam? The workers’ comp insurance agency uses guidelines based on past injuries to estimate how long you are expected to be out of work due to your specific injury. If a certain amount of time has passed and you claim to still be unable to return to your job, you may be asked to undergo this exam. It should be understood that simply being asked to undergo this exam is not an indicator that you are about to lose your benefits, but is instead a sign that the workers’ comp insurance agency needs additional information about your injury and your treatment progress. What could happen as a result of the IME? The IME will result in 3 possible outcomes: 1. Your injuries appear to have healed enough for you to return to work. 2. Your injuries are healing, but you need more time off work to recuperate. 3. Your injuries are not going to heal, and you are suffering from permanent injuries. How should I handle the IME? Be prepared for this exam by reviewing your past medical information and refreshing your memory. Re-read your accident report and review all past medical treatments, surgeries, hospitalizations, therapies and medications prescribed. The need to be consistent with your facts and information cannot be overemphasized; the lack of consistency could make it appear that your claim is fraudulent or not serious enough for continued benefits. Do not hesitate to bring any paperwork or records with you to the exam. The IME doctor, who is chosen and paid by the workers’ comp insurance agency, will question you and examine you thoroughly, paying particular attention to the body part or parts that were injured. Don’t be afraid to speak up and tell the doctor exactly how much pain or discomfort you are continuing to experience and about the effect that the injury has had on your life in general, including the emotional effects. If you feel you are being denied the workers’ comp benefits to which you are entitled, contact a workers’ compensation attorney...

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What Factors Go Into Making A Wrongful Death Claim

Posted by on 6:11 am in Uncategorized | Comments Off on What Factors Go Into Making A Wrongful Death Claim

When a loved one has been killed due to the actions of another, by way of an accident or perhaps medical malpractice, their loved ones have the right to gain restitution. If the person who caused the accident is not held criminally liable, then it’s possible to seek justice through the civil courts. How can you win a wrongful death claim? There are certain facts that can help you prove your case more effectively. How Is a Wrongful Death Suit Judged? The majority of wrongful death lawsuits are judged based on several factors and will vary depending on how your loved one was killed. These factors include the insurance coverage of the defendant and how much it would cover in the event of a win for you and what kind of assets they have, for example, if they own their home or have vehicles. Also taken into account in a wrongful death lawsuit are accident reports provided by the police, eyewitness accounts, including passengers in the vehicle, video footage and physical evidence such as skid marks, road conditions, weather and lighting factors, any potential mechanical issue with both cars and a number of other factors that could have lead to an accident. For a medical malpractice lawsuit, the doctor’s medical practice history is taken into account, possible lack of training with certain procedures and if there had been any reports of incidents of a similar nature or other such injuries stemming from this doctor in the past. How Does the Victim Play Into It? There are other factors that the court will look at in determining a wrongful death lawsuit. For example, the court will look into the life expectancy of the person who was killed. This can help in two ways. The first way is to determine the amount of damages the loved one’s family can receive, and it also helps to determine if they might have lived if not for issues that might have come up during the medical procedure if the person died due to medical malpractice. The court can determine this by looking at the person’s age, medical history, lifestyle and even occupation to help judge the case fairly. The court may also take a look at how much financial support the person’s family will lose as a result of their death. This is based on how long they have worked at their career and potential future earnings that will have been lost. Continue reading more...

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A Few Reasons To Hire An Auto Accident Lawyer

Posted by on 11:27 am in Uncategorized | Comments Off on A Few Reasons To Hire An Auto Accident Lawyer

If you are ever involved in an auto accident, it is always a good idea to talk with a lawyer experienced in dealing with this kind of situation. Not only will he or she know how to work with insurance companies, but will also understand the different laws regarding who has to pay what and how much compensation you should expect to receive. Even though most car accident cases are settled without going to a trial, it is important you have legal representation to help you completely understand the settlement. Here are just a few of the situations you may come up against. Insurance Limitations When there are serious injuries involved in the car accident, the person at fault may not have enough insurance coverage to pay for everything. When this happens, your auto accident lawyer will work with your insurance company to help pay the difference. If there is still not enough coverage, you will need to have a judgement set up against the other party. Sometimes this can be taken care of when the person sells a piece of property, but many times it will be something that sits without being paid for many years. Your lawyer will make sure there is a lien against any property, life insurance payments, or inheritances to fulfill what is owed to you. Signing Away Rights If you decide to take the insurance company’s offer of settlement, you need to be sure that it is enough to cover your expenses. An experienced lawyer will work with your medical team and any mechanics working on your vehicle to find out what type of expenses you will incur. Your lawyer can also make sure that if you will require long-term medical care that it will be included in the settlement. You may receive a lump sum once the case is settled with additional payments if there are more medical bills tied to the accident. Usually this amount is limited to a specific amount of time and you will need to have definitive proof that the accident was the cause. Even if you were only slightly injured in the accident, it is a good idea to consult with an auto accident attorney. Many will give you a free initial consultation and will not require any payment until after the case settles. It certainly will not hurt to have someone experienced with the whole process on your side. For more information, contact companies like Knafo Law...

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About Ending An Abusive Marriage With A Prenuptial Agreement Involved

Posted by on 6:20 am in Uncategorized | Comments Off on About Ending An Abusive Marriage With A Prenuptial Agreement Involved

Do you need to get out of an abusive marriage that includes a prenuptial agreement? If you are worried about the situation you will be in if a divorce is filed, you may have more rights than you think. All you have to do is seek help from a divorce lawyer to find out if the prenuptial agreement can be contested. Take a look at this article to find out how a lawyer can help with your situation during the divorce process. Discuss the Type of Abuse Involved Your lawyer will ask you a lot of questions about the nature of abuse that you go through in the marriage. Make sure that you are completely honest, even if you are embarrassed about anything. If you can provide any evidence of abuse, hand it over to the lawyer. For instance, if you have taken photographs, your lawyer will need them to build your case. You can also expect him or her to investigate the situation to find out if there are any witnesses that can speak for you in court. Figure Out if the Prenuptial Agreement is Valid You must keep in mind that signing a prenuptial agreement does not mean that you must abide by it in a divorce. It is possible for the agreement to be considered invalid in the eyes of the law. If your spouse forced you to sign the agreement before marriage and did not allow you to read over it, it is likely invalid. The agreement might also be invalid if you did not know what you were getting into at the time that it was signed. A lawyer will thoroughly review the agreement to find out what your rights are. Assist with Your Safety During the Divorce Divorcing an abusive spouse can be a scary situation, especially if he or she is making threats. A lawyer can file for an emergency court order that will make it mandatory for your spouse to leave until the divorce is settled. He or she may also be required to avoid making any contact with you during the process, such as through a restraining order. The restraining order can also cover any children that are involved in the marriage so you don’t have to worry about their safety. Keep in mind that abuse can nullify certain rights of your spouse, even if they are written in the prenuptial agreement. Get in touch with a divorce lawyer so you can begin the process of ending your abusive marriage in a safe...

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Do You Need A Divorce To Escape Your Abusive Spouse? What To Consider

Posted by on 6:31 am in Uncategorized | Comments Off on Do You Need A Divorce To Escape Your Abusive Spouse? What To Consider

If you are experiencing domestic abuse and you are considering a divorce, you want to meet with a divorce lawyer to talk about the safest way to go through with the process. You want to be sure that you can file without your spouse coming after you or trying to abuse you, and that you have somewhere you can go for protection from your abuser. Here are few of the things it would be best to have when you go to meet with the attorney. Proof of Abuse Do you have physical proof that you’ve been abused? Here are some great types of evidence you’ll want to have for your case: Pictures of bruises or markings Eye witnesses that have seen the signs of abuse on your body Messages or written talk of the abuse from the abuser Police reports or complaints of abuse or disturbance at your household Threats from the abuser These are going to be a key to show why you want the no contact order, and why you want to file for divorce. A No-Contact Order You want to file for a no-contact order so it’s illegal for your spouse to contact you after you file for the divorce. This way, they know they will face legal consequences if they try to call you or meet up with you in person. You will need to have evidence of abuse to get the no-contact order approved and put in place when you file. Divorce Settlement Work on a divorce settlement with your lawyer so you can present the settlement to your spouse as soon as you file. They may be willing to settle the divorce to get everything over with quickly if they notice that you are very serious about following through, and if they aren’t able to contact you. The lawyer can work with you to make the settlement fair and detailed, so you can get everything over with quickly. There are a lot of different advantages to meeting with a lawyer and getting the protection in place before you file for divorce, instead of filing for divorce and then waiting to see if the abuser wants to abuse again. Talk with an experienced divorce lawyer at a law firm like McKissick & McKissick and bring all of your information and proof so you can get your case started, and so you can get closer to being safe from your...

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Court -Ordered Visitation: What You Need To Know

Posted by on 11:18 am in Uncategorized | Comments Off on Court -Ordered Visitation: What You Need To Know

Whether you and your spouse were able to work together to create a fair, workable child visitation agreement on your own or whether the family court intervened and created one for you, you should know that you are obligated to follow the order. Since child custody, support and visitation can be among the most contentious of issues when divorcing, the potential for problems when working with the ordered plans can be high. Once child visitation is set, you or your ex-spouse cannot modify the plan by denying visitation, so read on to learn more about how to handle some common child visitation issues. Should You Deny Visitation? Problems can arise, and in some circumstances you may not want to allow your ex-spouse their court-ordered visitation. Tread very carefully when denying visitation: you must keep the best interest of the child at the forefront of any actions you take to prevent the non-custodial parent their visitation. If you allege bad behavior on the part of your ex, be prepared to show proof of that wrongdoing before a family court. Emergency suspensions of child visitation could be warranted if you suspect (or know) that child abuse is occurring with the non-custodial parent. Make sure that you contact the police first, and then your attorney to request the suspension and to schedule a visitation modification hearing. Make sure that you gather as much proof as possible for the hearing, including the police report and medical records. The same route should be followed for any allegations of alcohol or drug abuse. Be aware that proving these allegations is both important and tricky. Without an arrest, you may have only your suspicions to show the court. If you are found to be making false accusations, your custody arrangement could be placed in jeopardy. Remember, the courts place the best interest of the child at the top of the priority list, and a parent who makes false claims is not demonstrating good parenting. You Should Not Deny Visitation for These Reasons Child support non-payment. You can be excused if you are under the impression that a parent who fails to meet child support obligations has no rights to their court-ordered visitation, but this perception is entirely false. Unlike the connection between child visitation and child custody, child support and child visitation are completely separate issues. That does not mean that it’s okay for your ex to miss or fall behind on child support payments, however. You must take legal action against your ex-spouse, and most states pursue deadbeat parents quite vigorously, with penalties for non-support ranging from wage garnishment to jail time. That being said, you must continue to allow your ex their visitation unless you can show good cause to have the visitation order amended, and non-payment of support is not a valid reason. Ex-spouse in new relationship. Unless you can show that the new relationship is endangering your child in some way, this is never a reason to deny visitation. The new situation does merit close scrutiny, however, since any new person in your child’s life could be a potential bad influence or even a danger. Minor issues. The courts expects parents to settle minor problems without their intervention. Issues like late pick- ups or drop-offs, poor meal choices for the child, letting...

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On Living Trusts: A Few Commonly Asked Questions

Posted by on 11:48 am in Uncategorized | Comments Off on On Living Trusts: A Few Commonly Asked Questions

A living trust operates in much the same way that a trust does, except that a beneficiary to oversee the affairs of your estate and property is named and given reign while you are alive. You can even name yourself as the beneficiary of a living trust. There are a few questions that you might have about living trusts, however. Read on, and a few of the more common questions will be answered for you. Does the Grantor Require an EIN? An EIN, or Employee Identification Number, might be required on behalf of the grantor for tax purposes. In cases where the government does ask for an EIN from the grantor on various forms and sheets, the grantor can simply write in his or her social security number. After the grantor dies, however, the person who become the successor to the living trust will be assigned a specific EIN by the IRS that will differ from his or her social security number. Should You Make a Living Trust? If you are sure you know who you want to inherit your assets and property and do not want your family to go through the process of probate court, then you should invest in the time and effort of having a living trust drawn. Probate court is a process wherein the court decides who will inherit your property, assets, and debt. Much of the profits and assets that your family stands to inherit can wind up going toward court fees during this time, so it very well may pay to hire a lawyer who specializes in wills and trusts, such as a professional from Donald B Linsky & Associate Pa, to draft a living trust on your behalf. Will You Still Need a Will So Long As You Have a Living Trust? In a word: yes. Simply put, a living trust will name a beneficiary for your current assets. This means that any assets that are not listed—assets that were either forgotten or accrued after the living trust was drawn—may be considered to be in legal limbo without an inheritor. A will can make for broader provisions than a living trust can. You can, for example, declare that all property and assets not covered by the living trust can be transferred to the beneficiary of the living trust, or you can declare that certain things should be transferred to other individuals who are not the beneficiary of the living trust. If you don’t have a will, and some asset or property is not covered by the living trust, the property in question will be transferred to your closest relatives as determined by your state’s law....

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Injured While On A Playground? Know Your Rights

Posted by on 1:35 pm in Uncategorized | Comments Off on Injured While On A Playground? Know Your Rights

Accidents that happen on a playground can be relatively harmless or traumatic if it causes a very serious injury. If the injury occurred at a school, daycare, or local park, it’s possible that you can receive compensation for the damages. Know when you should contact an injury lawyer to help with a personal injury claim. The Playground Is In Disrepair A playground should be maintained with working equipment for safety reasons. If the playground you were at had equipment that was clearly broken and in need of maintenance or an inspection, the blame could fall on another party for not doing their job. Disrepair extends beyond just playground equipment. Even pavement this is crumbling can be a safety hazard that the owner is responsible for maintaining. The Playground Was Not Supervised If your child was injured at day care or school, it’s typical for playground activity to be supervised by an adult. If the injury happened because those adult supervisors were being negligent and not performing their duties, you could have a personal injury case on your hands. Negligence can happen by being distracted, which includes a supervisor being on their cell phone or talking with another employee. If they allowed an accident to happen that is preventable, they could be found liable for it occurring. Liability can also happen because there are not enough supervisors out on the playground. State laws apply to daycares where specific children to adult ratios must be enforced at all times. An Injury Was Caused By A Child or Animal Some situations would place liability on a pet owner or another parent. This is common at a public park where every adult must be responsible for who they are with. This extends to both their own children and pets. If a pet owner is letting their dog run loose around the park, they would be responsible if their dog were to bite a small child. A parent must control their child if they are being aggressive to other children on the playground and causing injuries. The Playground Does Not Have Proper Notices A playground should have size or age limitations posted so that you know what equipment is safe for your child to play on. If there are not any notices posted at the playground, it may not be your fault if your child is hurt playing on equipment that was not designed for them because they are too young. When one of these situations applies to you, work with a lawyer about making a personal injury...

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Divorce Financial Pitfalls That Can Surprise You

Posted by on 8:55 am in Uncategorized | Comments Off on Divorce Financial Pitfalls That Can Surprise You

It’s possible for a divorce to leave you without much money when everything is finished. While some reasons for this are inevitable, some reasons can be avoided. Here are 3 of those avoidable reasons. Giving Away Assets A common mistake you can make during a divorce is giving your spouse assets that you do not care about. This could be from having an emotional association with the item from that marriage, and simply not wanting to be reminded of it by having that item after the divorce. The reason this is a mistake is because every asset has a value attached to it, and that should be used as a negotiation tactic. Assets can always be sold, so by giving them away because you don’t want to deal with them, you are losing out on money. Always assign a monetary value to everything that needs to be split during a divorce, and negotiate under the assumption that assets can be sold for cash if you do not want them. Ignoring The Tax Implications There are potential tax complications with marital assets you’re fighting over, and many people don’t think about them until it is too late. For instance, you may be offered alimony as a lump sum or as a monthly payment. If the lump sum of alimony bumps up your tax bracket, you could end up paying more taxes on that money now than if you distributed it as monthly payments. Selling a home can also have unforeseen tax implications with capital gain taxes. As a single person, the tax threshold for earnings made from the sale of a home drops from $500,000 to $250,000. If you win the home in the divorce and decide to sell it, you may now have to pay capital gains taxes that you would not have had to pay as a married couple. Fighting For Things That Don’t Matter While a divorce is very emotional, you must remember to not let emotions get in the way of determining the final settlement. It’s possible that you will feel a bit vindictive towards your spouse and want to fight to get more than you deserve. You’ll be spending more money on legal costs to intentionally hurt your spouse, and may not see any financial gains from it. For more info about the potential financial pitfalls from a divorce, work with a divorce attorney in your area. They can help guide you through the entire process so that mistakes are not...

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3 Tips To Prepare For Your Child Custody Mediation

Posted by on 12:14 pm in Uncategorized | Comments Off on 3 Tips To Prepare For Your Child Custody Mediation

Divorce is never easy, but it can be especially difficult if you and your spouse are engaged in a dispute about child custody. These disputes can sometimes turn ugly, and they may put children in difficult positions. Very often, courts and attorneys advise couples to engage in child custody mediation, which is a private negotiation with a third-party serving to facilitate the conversation and encourage a settlement. If you opt for mediation, it’s important that you enter the process prepared. The more prepared you are, the more effective you will likely be at negotiating a favorable outcome. Below are three tips to help you prepare: Create an agenda. A mediation session shouldn’t be a free-flowing conversation. Ideally, you want it to have some structure so you can be certain that all of your important points will be addressed. Before the mediation, take some time to think about the most important issues to you. Those may be things like custody, visitation, holidays, vacations, and perhaps the other parent’s behavior when the children are around. Before the mediation, distribute the agenda to your attorney, the mediator, and your spouse’s attorney. You will likely need to adjust your agenda to accommodate the other spouse’s concerns, but at least you can be sure your points will be discussed. Set your priorities. The key to any negotiation is knowing what you will and will not accept. When you know your desired outcome, it makes it easier to negotiate from a position of strength. Think about your optimal outcome, but also think about what outcomes you will accept and which outcomes are absolute deal breakers. Remember that this is a negotiation, so you will likely have to give something to get something in return. Consider which items you’re willing to give. For instance, you may be willing to let the kids go on summer vacation with your spouse and his or her family in exchange for getting to keep the kids over Christmas and New Years. Knowing these items in advance will make it easier to negotiate. Contact all relevant parties. It’s possible that there are outside parties who have information that is relevant to the proceedings. For example, perhaps child services has been called several times to check on your spouse and his or her behavior. Don’t assume that the mediator will have information about their findings. You should be proactive to get any reports possible from police, child services agencies, doctors, and more if that information should influence negotiations. A divorce and child custody lawyer can help you prepare for mediation and even represent you during the negotiations. Contact a company like Divorce Mediation Institute of Utah to learn more....

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