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Can Your Spouse Really Take Everything?

Posted by on Apr 7, 2017 in Uncategorized | Comments Off on Can Your Spouse Really Take Everything?

As a person about to file for divorce, you might be nervous about the stories you’ve probably heard about spouses taking almost everything and leaving their ex-partner scrambling. But if you take the right steps, that’s almost impossible to pull off.  Hire the Right Divorce Law Attorney From the beginning, you can protect yourself by hiring a divorce law attorney who knows what they are doing. They will tell you the immediate steps to take to protect your joint assets until the appropriate settlement can be created. They can also tell you the steps to start taking to put yourself in a good position to battle with your ex-spouse for possessions. Keep on reading to learn what some of these steps would be.  Serve Divorce Papers Immediately The first step will be to use your lawyer to serve divorce papers to your spouse. Divorce law gives you certain protections once a divorce process has been started. It prevents your spouse from taking money out of your shared accounts. They cannot liquidate or remove assets from consideration in your divorce proceedings. They also cannot take a spiteful action, such as incurring a lot of debt and making you responsible for it. Basically, once you start your divorce in a legally binding way, it protects many of your assets from being destroyed or hidden by the other party.  Get Records of All Financial Assets As soon as you can, get copies of any financial records you can. A big one is your recent bank statements, as far back as you can get them. If you have a shared business with your ex-spouse, look for tax records and other indicators of the business’s health. All of this information should be turned over to your divorce lawyer so that they can start to assess what is a fair split of assets in your divorce.  Make a List of Valuable Items Aside from financial data, also make a list of valuable items in your estate and get them appraised if necessary.  Start Your Own Accounts Any money that you receive from the point of the divorce onwards should go directly into your own bank accounts so that it is not considered as part of the estate that you and your ex-spouse share.  Be Prepared to Negotiate Your divorce lawyer will help protect you against a draining of assets, but if there are specific items you want more than others, be prepared to negotiate for these items without losing a lot of leverage on your estate. To learn more, contact a law firm like the Grafton Law...

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How To Ensure A Fair Divorce Settlement

Posted by on Apr 7, 2017 in Uncategorized | Comments Off on How To Ensure A Fair Divorce Settlement

Even during a divorce settlement, you may still care a lot about your spouse and want to end things in the most fair way possible. In that case, follow these tips for ensuring that your settlement is fair. Have a Mediator The first step is to always have a mediator present when you’re working through your finances and other issues. That will help to keep the conversation focused and fair for both sides. Your third party mediator can help redirect your conversation if it veers towards territory that is rehashing old issues rather than being productive to the settlement. They can also be there to support both sides in case one side is taking over the debate. Know Your Worth It’s hard to ensure that you’re being fair when you aren’t exactly sure what your assets amount to. Certain things, such as stocks, don’t have an absolute value, as their worth could fluctuate greatly after the settlement. If you’re set on ensuring fairness, hire a financial advisor to evaluate which items in your joint household are the most valuable. Of course, some items have intangible amounts of worth, such as pets or items with sentimental value to both people. Make Lists (And Concessions) The next step would be for both of you to make lists of the items in your joint household that are most important to them. Perhaps one person really wants the car, while another wants to keep the pet. It is a great list to refer to when you want to make sure that each person gets a few items that are at the top of their list. Hopefully, the lists don’t completely overlap, so that each person can unquestionably have some of their favorite items. Hire a Good Lawyer Finally, a lawyer from a place like Kleveland Law can take the heat off of you and your ex-spouse when you’re discussing a divorce settlement. Although your family lawyer will primarily represent you in the settlement, that doesn’t mean that you can’t find a lawyer who is sympathetic to the situation and who will treat both you and your spouse fairly. It’s a great idea to speak with lawyers in person to determine if they have the right demeanor to be both proactive and empathetic. That way, you can make sure that your needs will be spoken for authoritatively, but that your lawyer won’t bowl over your opponent and cause more hurt feelings than are...

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Understanding Your Contract: 3 Terms And Conditions For Terminating Contingency Agreement With Your Personal Injury Attorney

Posted by on Apr 3, 2017 in Uncategorized | Comments Off on Understanding Your Contract: 3 Terms And Conditions For Terminating Contingency Agreement With Your Personal Injury Attorney

When filing a personal injury claim for an injury sustained from an accident, your best bet is to hire a personal injury attorney that charges a contingency fee, which can be anywhere from 33% to 40% of the compensation awarded for the case. While a contingency fee agreement is quite fair, it opens up a lot of room for uncertainties should you decide to terminate the arrangement between you and the attorney. Before signing with an attorney, look at the contract for the following 3 terms and conditions involved with terminating the contingency agreement. The Fees or Penalties for Terminating the Agreement and Whether an Hourly Charge Will Be Billed While a contingency fee agreement means that your attorney will not charge you a penny if you lose the case, it doesn’t mean that the attorney won’t charge you at all if you decide to terminate your relationship with them without settling the case. In this situation, the attorney will want to be compensated for the time and effort that they have put into your case and will usually charge you certain fees. They might even add on penalties for terminating the arrangement. In most cases, the attorney will bill you by the hour for the amount of time they’ve already put into your case. Make sure that the contract you sign with the attorney specifies the attorney’s hourly rate. You also want to look at the terms and conditions to determine whether you might be charged and billed additional penalties for terminating the agreement. Some attorneys will charge varying rates of penalties based on how far along the case is. The Process Involved with Terminating the Agreement You need to go through certain processes in order to formally terminate your relationship with the attorney. In most cases, you can’t simply call the attorney and tell them that you don’t want to work with them anymore. Read over the terms and conditions of the contract you’re signing with the personal injury attorney to determine what you have to do in order to terminate the agreement. For example, the attorney might require you to provide them with a signed statement. Keep in mind that you might also be required to reimburse the personal injury attorney immediately and in full at that time for the law firm to close your account with them. Whether the Attorney Will Forward All Evidence and Information Collected to a New Attorney In the event that you are terminating your agreement and relationship with the personal injury attorney to work with another attorney, you also need to consider whether the contract specifies whether the attorney is willing and will send all of the documents filed in and evidences collected to your new attorney. If they are willing to do so, take a look at the contract to determine whether the contract specifies that the attorney will send all of the information associated with your account by a certain time. It’s also vital that you consider the format of the files that will be sent to your new attorney and whether you will be charged an additional fee for this service. Conclusion While it’s unusual for clients to terminate an agreement with their personal injury attorney and switch to another, it does happen. Circumstances change. Maybe you...

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Suing After Slipping & Falling in a Store

Posted by on Mar 24, 2017 in Uncategorized | Comments Off on Suing After Slipping & Falling in a Store

A quick slip and fall on the hard tiles in a store can cause you a lot of pain, especially if it leads to bones being fractured. Unless the slip and fall was your fault, you have the right to get compensated by the store owner. If you have already requested money for your medical bills and time off from work only to be denied, seek assistance from a personal injury lawyer with the incident. A lawyer can help you build a strong case to make sure you don’t get stuck in a bad financial situation from the incident. This article covers some of the important thing that you might want to know in regards to getting legal assistance. The Expected Price for Assistance There is no way to estimate the price that you should expect to pay a lawyer for assisting with your case. Each case that a lawyer works on is different, which means that some might require that he or she does more work than others. When it comes to a personal injury lawsuit, lawyers will usually charge a contingency fee. The fee is basically a certain percentage of the amount of money that you are awarded when your case ends. If you don’t win the case for some reason, most lawyers will not charge you any money, or might only charge a small amount. Evidence That You Might Need You will likely need to provide a few pieces of evidence, such as proof that you have an injury that resulted from a slip and fall inside of the store. You can obtain such evidence by getting signed documents from the physician that has been treating you. Keep in mind that a lawyer can obtain the evidence as your legal representative, but you must give him or her permission by signing a form. If you have missed any work due to the severity of the injury, you must provide evidence, which can be obtained from the human resources department at your job. Give the lawyer a few of your past check stubs so he or she can see how much money you are accustomed to making. What a Lawyer Might Do to Help Any additional evidence that you might need will be obtained by your lawyer. For example, he or she can visit the store that you were injured in to investigate the incident. You will first have to explain how you ended up falling to the ground, such as whether or not it was due to the floor being damaged or wet. A lawyer can calculate the amount of money that you deserve after your case has been thoroughly investigated, as well as based on the severity of the injury. He or she will make sure that your case is handled via mediation, or through the court system. To learn more about your options, contact firms like Hoffman, Hamer & Associates,...

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Are You Prepared For Your Workers’ Comp Deposition?

Posted by on Mar 14, 2017 in Uncategorized | Comments Off on Are You Prepared For Your Workers’ Comp Deposition?

During the course of the investigation into your workers’ compensation claim, a deposition might be necessary. The deposition is an opportunity for both sides to ask questions about the accident, injuries, and any other relevant incidents. If you have a deposition scheduled, here is what you need to know.   What Should You Expect? The deposition is an important part of the discovery process. It is important that you keep in mind that the information that you provide during the questioning can be later used as evidence in your case. If your case makes it to court, what you say could have an impact on whether or not a judge and jury side with you.   During the deposition, you will be asked questions about your background and work history. Even your criminal history could be questioned. In addition to these questions, you could be asked about any previous injuries that you have experienced, including past work injuries and any claims that resulted.   You will undoubtedly be asked about the events leading to the accident and asked to explain what happened in the period following the accident. Since you are receiving treatment, you will be asked about the providers who care for you, the type of treatment you received, and whether or not you are partially or fully recovered.   What Should You Do During the Deposition? One of the most important things to remember is to be honest. Regardless of the question, you have to tell the truth. Even though the deposition is considered to be informal, you are required to take an oath at the start of the questioning and being dishonest could have legal ramifications for you.   You should also be on your best behavior during the deposition. Remember, the deposition could end up being shared with a judge and jury and if your behavior is less than ideal, it could impact how they view you. Being rude to the insurance company’s lawyer could also lead to him or her treating you in a combative and aggressive manner.   During the deposition, you need to take your time and answer the question. Wait until the lawyer has completely finished it and think about your answer before responding. There is no rush and the lawyer cannot pressure you to answer quickly. Try to be sure of your answer and if you are not, let the lawyer know you do not remember. Never speculate.   Your lawyer will further prepare you for the deposition before it is time. For more information, contact a firm such as Erickson Law...

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Fighting For Your Rights When Your Are Denied Workers Compensation

Posted by on Mar 10, 2017 in Uncategorized | Comments Off on Fighting For Your Rights When Your Are Denied Workers Compensation

In most cases, when an employee is injured at work, the company’s workers compensation insurance will kick in and help cover lost wages or pay for the time the employee is not able to work. But what do you do when you’re denied benefits and you believe you should be compensated? You do have rights as an employee, and although there are times when you will not qualify for compensation, you need to stand up and fight for your rights if you believe you are due them. Determining Whether Or Not To Fight Anytime you are injured on the job, you need to report it to your supervisor so there is a record of the event. In some cases, you will be eligible for workers compensation, others times you may not. Typically, the conditions of eligibility will be spelled out in the policy, but making sense of it can be hard on your own.  When you are told you are not eligible, you may want to have a workers compensation lawyer from a law firm like Hornthal Riley Ellis & Maland LLP review the policy to help you better understand it and determine if you have cause to fight the determination. Approaching Your Company With Your Concerns If you believe that you should be compensated for an injury or accident at your workplace, the best place to start is to sit down with the personnel manager to discuss the incident and your eligibility. If the company is not receptive to your claim, this might be the time to bring in a workers compensation lawyer to fight for you. Don’t make threats during this process, just hear them out and let your lawyer help sort it all out. Taking Your Case To Court This is one time that you do not want to go it alone. If you are going to take your case to court, you want an experienced workers compensation lawyer on your side. Your lawyer is the best person equipped to deal with the legal process and make sure you follow all the rules of litigation so that you have the best chance of winning your case. Let them take the lead—that is why you hired them in the first place, so let them do the hard work. In some cases, the mere mention of court will cause the company to change their stance on your claim. If they don’t, taking them to court maybe your only option. Discuss it with your lawyer and take the path they think is...

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The Will To Plan Your Estate

Posted by on Mar 7, 2017 in Uncategorized | Comments Off on The Will To Plan Your Estate

It just seems that the word “estate” throws some people off and makes it seem like estate planning is only for the wealthy. You should understand that you don’t necessarily have to live in something called an “estate” or be rich to need a will. This admittedly old-fashioned word really just means everything a person owns and owes when they pass away, and everyone has one, no matter how small. If you fail to plan ahead for what you do own, the people you leave behind could be burdened with the needlessly complex task of making decisions about certain issues either on their own, or worse, it could be left up to an anonymous and subjective entity, like probate court. 1. If you have minor children and are a single parent, addressing this issue in a will is of the utmost importance. You can use a will to appoint someone you love and trust to care for your children after you are gone. You do not want the government to appoint someone for you; this is too important. Even if you have a partner rather than a spouse, you may need to specify that you want that partner to care for you minor child after you die. If you have a child with special needs, a will could ensure that funds are made available for their continued care. 2. Property is one of the largest aspects of most estate plans, and it encompasses everything you own. If you don’t specifically address your wishes for the disposition of this property, a stranger could be making those decisions for you. It could help you to sit down and make a list of your personal belongings, vehicles, real estate, and bank and investment accounts. You should make provisions for your family pet in the will, as the state considers pets property. If you have favorite charities, a will is an excellent way of ensuring that your chosen charities receive some of your assets. 4. Think of your family. A death, no matter how expected or unexpected, has the potential to cause an incredible amount of stress and discord. By having a will, and letting your family members know you have made one, you can go a long way towards ensuring that your passing won’t leave your family in chaos. A will can also be used to address your wishes for your final arrangements, which takes a burden away from your family during an already turbulent and emotional time. 5. A personal representative should be appointed as part of the will. This person (or persons), referred to as executors in some locales, is tasked with overseeing the will throughout probate. Make sure that you discuss your choice with the potential candidate for the job, since this position could involve a great deal of time and effort. Speak to an estate attorney like David R Webb Attorney to get more...

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How To Know You Need A Bankruptcy Lawyer

Posted by on Mar 3, 2017 in Uncategorized | Comments Off on How To Know You Need A Bankruptcy Lawyer

You may know that filing bankruptcy gives you several options including filing yourself or using a lawyer. You may also know there are several types of bankruptcy as well. After doing some research, you may be wondering if you even need a bankruptcy lawyer since you can buy kits and software. Here are some ways to know you need a bankruptcy lawyer to handle the proceedings, paperwork, and all the aspects of the process. Unknown Debts One of the first steps to filing bankruptcy is to have your credit report pulled. You will need to review it for issues and to see what you owe and who you owe it to. The problem with this is you may have some collections accounts that don’t match anything. You can’t tell what the account numbers are for, what the debt is for, or who you owe this to. You may not even have a contact number to find the information out. This is where you will need a bankruptcy lawyer. They can help figure out the related information to these accounts and find out if they are debts you actually owe and if they can be placed on the bankruptcy. Verbally Abusive Representatives You may be trying to handle everything on your own. This is fine, until you run across verbal abuse. You may have the right intentions when you call a collections agent. The problem is, once you call they may change their tune and the verbiage they use becomes abusive. You may also have threats made against you for foreclosing on your home, legal action, or more. Not everyone knows how to handle this properly or legally. This is why a bankruptcy lawyer can help. They can handle the contacts between you and your debt collectors. They can also let them know your intent with the outstanding balance and stop phone calls to you. Paperwork and Fee Confusion An aspect of filing bankruptcy that can be difficult is understanding and navigating the paperwork. Depending on the type of bankruptcy you are filing, you may have paperwork that requires filing fees. You may also have certain paperwork that has to be sent to people holding your debts while other paperwork just needs to be filled out by you. It can become very time consuming and costly if you don’t have the experience your bankruptcy lawyer has. These are just three reasons you may need a bankruptcy lawyer, like one from Dunbar & Dunbar. If you aren’t sure one may actually help you, consider a free...

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Why You Might Not Need To Sue After A Car Accident

Posted by on Dec 6, 2016 in Uncategorized | Comments Off on Why You Might Not Need To Sue After A Car Accident

If a car accident left you severely injured and it was another person’s fault, you can seek compensation from the responsible party for your injuries and damages. There are several different ways to handle an event like this, and the two main options are settling with the insurance company and filing a lawsuit. Lawsuits can be time-consuming and overwhelming, which is why a car accident attorney might suggest trying to settle before you file the paperwork for a lawsuit. Here are a few things to know about this. Why Settling Can Be A Better Option The first step in handling a car accident claim is trying to settle the claim with the responsible party’s insurance company. If this is possible, you will be able to avoid a lawsuit, which can be beneficial in several ways. First of all, a lawsuit can take a long time. Lawsuits are handled through the court system, and personal injury cases do not settle quickly. Secondly, handling a case through a lawsuit can cost more money, simply because it takes more time. You should also realize that if you sue the other party, you may need to attend court hearings, and you may even have to testify in court. This can be intimidating and overwhelming for many people. Finally, if you can settle your case with the insurance company instead of filing a lawsuit, you are likely to receive your compensation a lot faster. Why Settling Is Not Always An Option While settling your claim might be better than filing a lawsuit, there are several reasons why settling is not always an option. The first and most common reason involves problems with reaching an agreement. When you initially try to settle with the insurance company, the lawyer you hire will create a letter of demand. This letter will state the basics of the case along with a breakdown of all the compensation you are seeking. This may include compensation for medical bills, pain and trauma, and loss of income or future earnings. If the insurance company does not agree with the amount you are asking for, they may fight your claim. If you are unable to reach an agreement you can both accept, settling the case outside of court will probably not be an option. Another reason you may have trouble settling with the insurance company is if the other party did not have insurance or did not have a sufficient amount of insurance. In this case, it may be very hard to get any money out of the person or the insurance company for your injuries and damages. What You Should Do After a car accident occurs, you have a limited amount of time to decide how to proceed. This time frame is called the statute of limitations, and it varies from state to state. If you are not sure what you should do or how to go about handling the problem, your first step should be to talk to a car accident attorney. When you meet with the attorney, you can explain the case and offer the evidence you have. You can also explain the severity of your injuries and damages, and you can ask questions. Once the attorney hears everything you have to say, he or she will be able to...

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5 Things You Should Understand About The Statute Of Limitations

Posted by on Oct 19, 2016 in Uncategorized | Comments Off on 5 Things You Should Understand About The Statute Of Limitations

The statute of limitations is the amount of time after an event occurs that you have the right to pursue legal action against the individual who caused the event. In most states, the statute of limitations for personal injury cases is 2 years; however, some states such as Kentucky only allow 1 year for you to file a lawsuit, and other states, such as Maine, will allow up to 6 years. However, the statute of limitations is complex and there are several things you should know about it if you were injured and want to file a civil or criminal lawsuit.  The Statute of Limitations Depends on Your Location, the Type of Crime Committed, and Whether You Are Filing a Criminal or Civil Lawsuit The three main factors in determining that statute of limitations for a particular crime or civil event are the location of the event, the type of event, and whether you are filing a criminal or civil lawsuit. In general, more severe crimes, such as assault or medical malpractice with lasting effects, have longer statutes of limitations. Similarly, criminal cases may have a longer statute of limitations than a civil case. However, in some cases, you may still file a civil case after a criminal case has been won, even if that statute of limitations has run out.  Your Statute of Limitations May Be Extended If You Were Underage, Declared Insane, or Incarcerated During the Statute of Limitations There are several reasons why the statute of limitations may be extended by a judge. If you were unable to pursue legal action because you were a minor, you were incapacitated due to insanity, or you were incarcerated, you may be able to pursue legal action later. However, if you are a minor, your guardian may still be held by the standard statute of limitations. For example, if you were injured when you were twelve, your parents may file a lawsuit on your behalf until you are fourteen. However, you may file a lawsuit yourself between the ages of eighteen and twenty.  Your Statute of Limitations May Be Extended If You Could Not Discover Your Injuries Within the Given Time In most cases, the statute of limitations begins once an injury is discovered. For example, if you do not discover you were injured by an event for five years, you may have an additional two years to pursue legal action. This often occurs in medical malpractice cases  The Statute of Limitations May Be Extended If the Defendant Flees or Is Incarcerated  If, for some reason, you are unable to pursue legal action against the defendant, the statute of limitations may be paused. The two most common causes of this is when the defendant leaves the state or when the defendant is incarcerated.  Your Statute of Limitations May Run Out While You Are Negotiating a Settlement  One very important thing that many people do not realize is that the statute of limitations can run out while you are working out a settlement with an insurance company. Even if the individual and/or their insurance has already accepted blame for an accident, they may stall while negotiating a settlement. Once the statute of limitations has run out, they will withdraw from the settlement process and you will be unable to pursue...

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