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3 Instances Where You Might Be Able To Get A Fault Divorce Granted

Posted by on 6:51 am in Uncategorized | Comments Off on 3 Instances Where You Might Be Able To Get A Fault Divorce Granted

Many times when a couple divorces, they opt to get a no-fault divorce. This is generally the easier option and allows the couple to divorce without having to prove that there was a reason for it. However, in some cases, it may be better to actually get a fault divorce. In these cases, the victimized party may be able to get different benefits from the settlement or get the divorce granted quicker. Here are a couple reasons why you could get a fault divorce. 1. Incarceration If your spouse commits a crime and is incarcerated, you might be able to get a fault divorce. This is because the state doesn’t expect you to stay married to someone who is not able to be present or contribute to your family. Usually, if your spouse is only incarcerated for a short amount of time, a divorce may not be necessary, but consider the situation where a spouse is in prison for years. In this case, you could appeal to a divorce court and see if you could get a divorce granted. You may not even need to have your spouse agree. The court may just grant you the divorce regardless of your spouse’s decision. 2. Infidelity As part of marriage, there is an expectation that both spouses will be faithful to each other. If you are seeking out a divorce and your spouse was unfaithful, you might be able to get more out of the settlement. With infidelity, it is obvious that one party was not faithful in the marriage and caused emotional pain to the spouse. In many no fault divorces the assets are split 50/50 but if you can prove infidelity you might be able to get more than just 50% of the estate or at least more in alimony. 3. Abuse In some unfortunate situations, there is abuse in the home. This can be either on the part of the husband or the wife. The abuse can be towards the spouse, or towards the children. If there is abuse, you will need to have concrete proof, so make sure you call the police when an incident occurs, or go to the hospital to get the injuries recorded. This applies to sexual abuse as well a physical abuse. In addition to being granted a fault divorce, the state may also press charges against your spouse. These are just situations where you might be able to get a fault divorce granted.  For a divorce attorney, contact a lawyer such as Harold Jarnicki Attorney At...

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Can What You Do On Your Own Time Get You Fired?

Posted by on 8:54 am in Uncategorized | Comments Off on Can What You Do On Your Own Time Get You Fired?

Most people in the United States think that what they say and do on their own time is their business, not their employer’s. However, as a professor at a university in Florida recently discovered, your freedom of speech doesn’t necessarily protect your job. If what you say or do adversely affects your employer’s interests, you can get fired for it. Here’s what you should know about the ability given to your employer to terminate your employment based on your private indiscretions. Many employers have policies in place. Many employers, particularly large ones, have language in the employee handbooks that dictate what sort of outside activity can get you fired. Often, there rules that require you to run any outside occupational activity by your human resource department in order to get it approved. In addition, virtually any non-occupational activity can also be regulated if it can somehow affect your company’s reputation. In the professor’s situation, he’d failed to comply with the university’s policy that required him to submit the required forms regarding his outside employment and “professional activity.” The professional activity in question also created a firestorm of negative publicity for the university. The professor’s credibility as a researcher and scholar came into question after he publicly accused the family members of a student killed in the Sandy Hook Massacre of being part of a government hoax. While he did all his research into it on his own time, his position at the university lent the air of authority to his work. You have to comply with reasonable requests. In the professor’s situation, it is important to note that the issue hasn’t been litigated yet. However, the professor’s position isn’t helped by the fact that he chose not to respond in a timely manner to his employer’s request for the appropriate forms and a chance to resolve the conflict. If you suddenly find yourself in a situation where something you’ve said or done outside of work is being brought into question, you need to take reasonable steps to support your position. Your employer’s ability to terminate you depends on several factors: the ethical or moral requirements of your position your prominence in the community and company the ability of your employer’s clientele to learn about the event any conflict of interest created between your outside activity and the employer the impact of your private activity on your work your company’s written policies your good (or bad) employment history whether or not there is any connection at all between your work and your outside activity An investigation into your activity isn’t necessarily an automatic termination, but you should be smart about it and try to respond to allegations promptly, with the help of an attorney to state your case. That could very well prevent you from having to take the issue to court later. Contact an attorney, such as Metropolitan Lawyer Referral Service Inc, for more information....

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Using Your Treatment To Strengthen Your Injury Claim

Posted by on 7:09 am in Uncategorized | Comments Off on Using Your Treatment To Strengthen Your Injury Claim

Medical evidence is one of the things you will need to mount a strong personal injury claim. This means you need to take your treatments seriously; the medical consultations and treatment sessions generate the medical evidence you need for your case. Here are three tips to ensure your treatments result in a strong evidence for your case: Consult a Medical Doctor Physicians aren’t equal in the eyes of insurers. The insurance industry has a strong leaning towards western medicine. This means treatment by alternative medical providers (non-physicians) may not be held in high esteem. Therefore, it’s advisable to seek treatment from a qualified medical doctor. Don’t, for example, opt for free clinics run by medical students in the hope of reducing your treatment costs. For the sake of your claim, consult an M.D., even at higher costs, to get a favorable evaluation from the insurance adjuster. Alternative treatments, such as acupuncture and chiropractic care, aren’t bad, but you shouldn’t make them your primary or only forms of treatment. Get Treatment after Diagnosis A complex and costly diagnosis doesn’t hold much weight with insurance companies. This is especially true of the diagnosis reveals minimal injuries or isn’t followed by serious treatments. The adjuster may feel that you weren’t seriously injured in the first place, so you don’t deserve the huge treatment payments (or diagnostic payments in the eyes of the adjuster). Therefore, don’t ignore your doctor’s treatment suggestions even if you think your injuries aren’t serious or don’t deserve the treatments. This isn’t the time or place to “man up” or act like an adult, get the treatments. Don’t Skip Your Treatment Sessions If you skip a treatment session, the insurer may use it as an excuse to claim that you aren’t seriously hurt. The rationale is that an accident victim who is truly in pain will do anything (including attending all treatment sessions) to get well. Also, you don’t deserve to be compensated for any injuries due to your action or inaction (such as skipping treatments). This is a valid claim because it is your duty to mitigate damages after an accident, and attending all treatment sessions is one of the ways of doing this. You have probably heard about the importance of getting prompt medical treatment after an accident, but now you know it is not enough. Follow the above tips to ensure your injuries are properly compensated. Even if you have made a mistake that you feel has weakened your case, you may still have a shot at getting your claim settled if you hire an experienced lawyer. To learn more, contact a personal injury attorney like Frank L. Slaughter Jr....

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Filing For Divorce? 5 Pieces of Financial Information You Should Have When You Speak to an Attorney

Posted by on 1:53 pm in Uncategorized | Comments Off on Filing For Divorce? 5 Pieces of Financial Information You Should Have When You Speak to an Attorney

If you’ve decided that it’s time for a divorce, there is some financial information you’ll need to gather before filing the paperwork. Having your financial documents in order will provide your attorney with the information they’ll need during the settlement talks. Here are five pieces of financial information you should have before you file for divorce. Tax Returns for the Past Five Years Before you file for divorce, you should have copies of your tax returns for the past five years. Your tax returns will show how your income has either increased or decreased during your marriage. If you don’t know where your tax returns are, you can call the IRS and order transcripts of your previous year’s tax returns. Tax transcripts can also prevent your spouse from withholding vital information pertaining to your finances. Real Estate Tax Forms If you and your spouse own real property together – such as the family home or an investment property – you’ll need to have the tax forms as well. Your real estate tax forms will document how much the property is worth, as well as the current property taxes you pay on each property. This is vital information to have during the settlement negotiations, especially if you plan on dividing your belongings evenly. Current Debt Obligations When it comes time to negotiate a settlement, you’ll be dividing debts as well as assets. It’s important that you have paperwork detailing your current debt obligations. If you and your spouse are planning on dividing and sharing the debt evenly, accurate information will prevent you from ending up with the bulk of the debt. Life Insurance Paperwork If you and your spouse have active life insurance policies, you should have that documentation in your file, as well. This is particularly true if your policies have a cash value attached to them. Your attorney may recommend that you cash those policies out and split the money evenly as part of the settlement arrangement. Retirement Information If your spouse is employed in a profession that includes a retirement package, you may be entitled to a portion of those benefits. Your attorney will need as much information about your spouse’s retirement benefits as possible. Divorce is never easy. However, you need to make sure that your financial future is protected. Before you file for divorce, make sure you have the paperwork your attorney will need to get you the settlement you deserve. If you have any questions, contact a local divorce attorney, such as Craig H. Lane, PC, to discuss your...

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How To Sue For A Miscarriage

Posted by on 12:51 pm in Uncategorized | Comments Off on How To Sue For A Miscarriage

There is nothing that can take back the trauma you have experienced from losing your unborn child as a result of an accident. However, if the accident is found to have been directly responsible for you having experienced a miscarriage, you may still be able to seek damages.  What You Can Sue For The damages you can sue for after losing a child as a result of the accident include: Pain and suffering Loss of wages Medical expenses Also, the father may be able to sue for mental anguish based on the age of the fetus at the time of the accident. For instance, in Florida, a fetus that is 41 weeks old can be the subject of a successful lawsuit by a father over pain and suffering. Miscarriages And Worker’s Compensation If you have decided to continue working while pregnant and you suffer an injury at work that leads you to suffer a miscarriage, this is one factor that might contribute to your ability to obtain damages from a worker’s compensation claim. You may not only receive full compensation for medical care, but you may also receive death benefits. If you experienced post-traumatic stress disorder as a result of the accident and the loss of your child, this may also be used as justification to be awarded damages. Proving That The Defendant Caused Your Miscarriage To prove that the defendant was responsible for the accident, it must first be established that there was duty of care. In other words, the defendant must have a responsibility to create a safe environment that would have prevented you from experiencing a miscarriage. Then, the defendant must have breached this duty. One of the complications of a miscarriage is that it is sometimes difficult to establish that certain actions lead to the miscarriage. For example, certain actions may have startled you and created stress that was sufficient enough to create a miscarriage. Events that may seem trivial when not pregnant might have contributed to the loss of the fetus. Therefore, you will need assistance from a personal injury attorney who is experienced with handling these cases. A doctor will need to investigate the moment in which the miscarriage occurred and will also need to investigate what might have caused the miscarriage. Then, you will need to demonstrate, with medical evidence, that the miscarriage would not have occurred without the breach of duty of care.  For further assistance, contact a local personal injury lawyer, such as one from Elliott & MacLean...

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How The Settlement Process Works When You Make A Claim After An Auto Accident

Posted by on 10:12 am in Uncategorized | Comments Off on How The Settlement Process Works When You Make A Claim After An Auto Accident

Many people are curious about how the settlement process works during a personal injury case. The truth is they don’t always work precisely the same way, but there are certainly a few things you can expect. If you’re in a car accident, you need to contact an auto accident attorney. From there, the process will begin. Before Requesting a Settlement Amount The first step is to gather information and figure out just how much to ask for as a settlement. At this point, you can help your attorney a great deal by providing him or her with everything they ask you for. In general, you and your lawyer will need to come up with the following: All bills you accrued related to the accident (medical and other expenses) All information from doctors and other professionals related to your condition Receipts for things you purchased since the accident The names and contact info for all witnesses you can think of The names and contact info for people you saw before, during, or right after the accident All job related correspondence All of these things will go towards figuring out your settlement amount. Do not procrastinate on getting any of this information to your attorney. You may also want to keep a journal or diary from the day of your accident. This can help establish or corroborate your mental state. It’s not necessary, but in some cases it can help with figuring out how much to ask for pain and suffering. Your initial settlement request should include all of the following: Medical expenses (and future medical expenses) Lost earnings (and potential lost earnings) Other economic loses (such as damaged property) Intangibles (pain and suffering) After you and your attorney figure it all out, your attorney will attempt to negotiate with the insurance company of the negligent party. The Negotiations In order to negotiate properly, your attorney will likely submit a settlement request for an amount higher than the one the two of you came up with. In an ideal situation, the insurance company will accept the settlement offer and you will receive the funds you asked for. If the insurance company doesn’t accept the initial settlement offer immediately, several things can occur. The insurance company can, Argue against your version of the story Ask that you see a doctor chosen by them Ask to see the evidence or ask for a deposition Make a counter offer This process can go on for some time, and it’s where many cases can become bogged down. This is especially true because the correspondence between your attorney and the insurance company will occur mainly through the mail with lengthy dates attached to when either party can respond by. If all of these things end with no settlement, then you must either drop the case, or take it to trial. The insurance company also has the option of skipping straight to trial as well. The trial is a whole other thing, but the settlement process can still occur during a trial. You Need Representation Notice that all of this involves an attorney. Attempting the settlement process on your own is not something you should ever consider. Remember the insurance company has lawyers, and all those lawyers do is deal with cases such as yours. You need...

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Top 10 Reasons To Have A Real Estate Lawyer For Home Purchases

Posted by on 4:26 am in Uncategorized | Comments Off on Top 10 Reasons To Have A Real Estate Lawyer For Home Purchases

If the dream of owning your own home is about to come true for you, before you put in that offer for purchase you might need to take a step back and consider hiring a real estate attorney. Having an expert in real estate law on your side could make the path to being a homeowner far smoother and stress-free, especially for first-time buyers. Read on to find out the top 10 reasons to hire a real estate attorney. 1.  The offer to purchase document (your offer to the current owners) is often simply a fill-in-the-blank type form, and may not address specific or unusual areas of concern about your home-to-be. An attorney will be able to review the document to ensure that it truly addresses all of your needs. 2.  Few pre-buying tasks are more important than a title search. Make sure you have a lawyer to oversee this job and to help ensure that your new home is free of encumbrances. 3.  A survey of your potential property will be required by the mortgage company, and a real estate attorney can help you to have a clear understanding of how easements give access to your property for private parties, utility companies, and municipalities. 4.  It’s important to have full comprehension of how your new home is being financed, and having a neutral party by your side to advise you can help ensure that you understand this long-term financial commitment. 5.  Closings can be complicated and confusing, so it’s vital to have an attorney present to protect your rights and advise you if a last-minute issue arises at this meeting. 6.  Real estate agents may not be reliable sources of information about issues like zoning. A real estate attorney from the local area can be an invaluable source of knowledge about zoning, such as the potential for that verdant forest in back of the home to be re-zoned into something much less desirable. Zoning can also come into play if you plan to add a addition or use your home as a business location. 7.  For-sale-by-owner homes can offer a wonderful bargain, but a legal professional with your best interests in mind will be needed to ensure that all documents are correct. 8.  Probated properties, foreclosures, and short-sales all present special circumstances that require a real estate attorney’s assistance. 9.  In the event that you want to drop the offer entirely, you will need an attorney to help you avoid losing your deposit or earnest money by locating and utilizing contingencies in the offer contract. 10.  On the other hand, you will need an attorney to help protect your rights if the owner changes their mind at the last minute and refuses to sell. Buying a house can be both a joyful and overwhelming process, so make sure you have a real estate attorney by your side to help pave the way toward your dream home. For professional legal help, contact a company such as Souders Law...

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3 Things That Can Cause Your Social Security Disability Claim To Be Denied

Posted by on 4:39 am in Uncategorized | Comments Off on 3 Things That Can Cause Your Social Security Disability Claim To Be Denied

One of the most difficult decisions a person can make is deciding they can no longer work because of an illness or physical impairment. The good news is you can apply for social security disability benefits to help you pay your bills and buy groceries. The bad news is most claims are denied when you first apply. Here are three things that can cause your disability claim to be denied. 1. Your income is too much. Not everyone can afford to cut back their hours at work while they wait for their disability claim to be approved. Instead, they try their best to suffer through working their full-time job so they can pay their bills and have food on the table. The only problem with this is there is a limit on how much you can make while receiving disability benefits. Many don’t realize that the income limit doesn’t take effect after their claim has been approved – it is actually in place at the time of your application. The current monthly income amount the Social Security Administration (SSA) deems to be “substantial gainful activity” (SGA) is $1,090 for those who aren’t blind, and $1,820 for those who are legally blind. What that means is, in order to get and keep your disability benefits, you must have a monthly income less than those amounts. So, having an income that is equal to or exceeds the SGA amount will cause your application for benefits to be denied. 2. You don’t send in enough recent medical documentation with your application. Another thing that often leads to denial of disability benefits is you don’t send in enough recent medical documentation. The SSA needs to be able to evaluate your application based on medical evidence. They can’t just take your word for it that you have a disability that prevents you from working regularly. They need to have proof from medical professionals to back up your claims. When it comes to sending in medical documentation for your disability application, there really is no such as thing as sending too much. If it is applicable to your condition, send it in. Keep in mind that you need to send in medical records from the past six months so the SSA will know your condition is recent. However, if your condition started years ago and only recently became so bad that you couldn’t work, be sure to send in the older medical records as well. This will help provide the SSA with a timeline of your condition. Also, be sure to tell your doctor(s) that you need them to provide statements for an application for disability benefits. Simply sending in x-rays and test results won’t provide a complete picture of your condition for the SSA. A statement from your doctor(s) can help clarify certain questions the SSA may have while looking at your medical records. 3. You failed to follow your doctor’s treatment plan, which could have improved your condition. If the SSA sees that your doctor prescribed a course of treatment that would have improved your condition enough to work full-time and you refused to go along with it, they will likely deny your application. The SSA looks more favorably on those who have tried to improve their condition through their doctor’s treatment plan(s)....

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The Dos and Don’ts of Being Involved in a Hit-and-Run

Posted by on 4:29 am in Uncategorized | Comments Off on The Dos and Don’ts of Being Involved in a Hit-and-Run

Nobody ever plans on being the victim of a hit-and-run car accident; unfortunately, it can happen to anybody and for a number of reasons. Perhaps the responsible driver flees because he or she was driving under the influence or didn’t have insurance. Either way, there are a few important things you’ll want to keep in mind in the event that you ever find yourself involved as a victim of a hit-and-run.  DO Contact Authorities The best thing you can do after you’re involved in a hit-and-run (aside from obviously making sure you and anybody else at the accident scene is okay) is to contact your local authorities. If possible, give a description of the driver who fled the scene (type of vehicle, color of vehicle, direction of travel, and damage sustained to the vehicle are all helpful). If you’re unsure, ask witnesses for information on the suspect that may be helpful to the police in making an arrest. DON’T Chase the Driver The last thing you should do in the event of a hit-and-run is to chase after the driver. Leaving the scene of an accident is frowned upon by most police departments–even if your reason for leaving is to chase the responsible party who fled the scene. Not to mention, you could be putting yourself in danger by trying to confront the responsible driver. Instead, remain where you are and wait for assistance to arrive. DO Obtain a Police Report Obtaining a police report is important, especially in the case of a hit-and-run. With a detailed police report, you will have the best chances of being able to receive compensation from your insurance company for the accident. Unfortunately, many car insurance companies will not even entertain a hit-and-run claim without a copy of a police report on file. DON’T Assume You’re Out of Luck Last but not least, don’t assume that just because the driver fled the scene, you’re going to be unable to receive compensation for your accident. Even if the driver is never found or he or she is found to have been driving without insurance, there’s a chance that you’ll still be covered by your own insurance company. Look at your policy statement for “uninsured or underinsured motorist” coverage; if you have this, then you should still be able to receive at least some kind of compensation for your damages and medical bills related to the accident. For assistance, talk to an attorney like Law Office Of Daniel E...

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Spousal Abuse: Important Steps To Take During Divorce Proceedings

Posted by on 5:27 am in Uncategorized | Comments Off on Spousal Abuse: Important Steps To Take During Divorce Proceedings

Behind closed doors, 1 in 4 women will experience domestic abuse in their lifetime. If you’re married to your abuser, taking the steps below can be overwhelming, but it’s also vital to your physical, mental, and emotional well being. Get to a Place of Physical and Emotional Safety If you are currently going through divorce and your spouse gets abusive, you need to be safe. While it’s commonly said that you should never leave your home during divorce proceedings, the safety and well being of you and your children is of utmost importance. If you’re in immediate danger, it’s time to take action as quickly as possible, even if it means leaving behind your home and your belongings. This first step can be the most difficult, which is why physical and emotional support are important. Having a strong family support can help, but it’s possible to get out of a bad situation even without such supports in place. A local women’s shelter may be able to offer you the safety and security you need while figuring out your next steps. Only once you’ve gotten to a safe, secure space should you pursue legal action. Disclose the Abuse to Your Lawyer It’s vital that you find an attorney who you feel can best represent your case, which is why disclosing the abuse to your attorney is the first thing you should do. It’s natural to want to cover up the abuse, but doing so can lead to further harm. While disclosing to your attorney isn’t easy, it can be the most important thing you’ll ever do during the divorce proceedings. While many states won’t allow you to name an at-fault party during the divorce proceedings, a history of domestic abuse can still play a large role in the distribution of property and belongings, as well as when reaching a child custody agreement. When you disclose the abuse to your attorney, they’re better able to provide you with the services and protections you need, as well as provide you with the most relevant legal advice possible. Seek the Help of a Counselor While your attorney can provide you with all necessary legal counsel pertaining to your divorce, emotional counsel and support from a certified counselor is highly recommended. Leaving an abusive marriage is a huge, disorienting step. A mental health counselor who specializes in abusive relationships and divorce can help you through this difficult time and provide you with the support you need to keep going. Domestic violence can have long lasting and debilitating effects on its victims. If you’re struggling to overcome the abuse you’ve suffered, seeking professional help is not a sign of weakness. On the contrary, seeking help for the pain you’re going through is a sign of inner strength and a will to fight. If you’re being abused by your partner, it’s time to seek out the help you need. While legal representation before, during, and after divorce proceedings is important, your safety and that of your children’s must come first. To learn more about the services and resources available to you, call the national domestic abuse hotline at 1-800-799-7233.  For more information about divorce attorneys, contact a firm like the Law office of Kristine A. Michael,...

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