LawyerForYou: Blog LawyerForYou: Blog https://www.lawyerforyou.org/blog/ Copyright by LawyerForYou en LawyerForYou Wed, 29 Jun 2022 00:36:14 -0400 What To Do When Getting A Divorce Sometimes life doesn’t always go the way we would like it to. Everyday life can be challenging and stressful and really get to our nerves sometimes. Little things like a dirty kitchen, a full bin or just a stressful day at work can lead to big arguments that let the once so loving relationship suffer.  The sad truth is that over 50,000 marriages fail every year in Australia, and not all of them break down due to small household arguments. Some marriages develop toxic traits over time and can involve violence and betrayal. It gets especially difficult when there are children involved in the family life. Fights and discussions about custody and the stay of the children can often get out of control, which is why it would be better to hire a family lawyer like the experts from Madsen Law and let them take care of the legal issues.

Can I Get Divorced?

Once you have decided that there is no more hope for the relationship and you want to separate from your partner for good, you should look at whether you are eligible to apply for a divorce. First of all you have to be separated for a minimum of 12 months to apply. Either yourself or your spouse has be an Australian Citizen, live in Australia and consider Australia your permanent home and have lived in Australia for over 12 months before the divorce application However, if you have been married for under 2 years, you will need to attend family counselling and file a counselling certificate. The application can either be sent by one person or both parties together.

What Does Separation Mean?

Usually, separation means that the two spouses are living apart from each other. Whether that was a mutual decision, or one of the two parties has decided to leave by themselves doesn’t matter in this case. Under special circumstances, it is possible to be separated and still live under the same roof, however, certain criteria must be met.

How Can I Apply?

Applications have to be sent to the Federal Circuit and Family Court of Australia. You can make the application together or on your own. Not every couple has to go to court when going through with the divorce, whether or not you have to go depends on whether the application was made together and whether you have children together that are under the age of 18.

It is interesting to know that the decision does include in arrangements regarding children and and dividing money and properties. Both of these topics will be handled separately.

Getting a divorce granted can take time and in some cases is a lengthy process. The court might not make a decision straight away and may require more information to grant a divorce. In any case, it is highly recommendable to get in touch with an experienced family lawyer that will work in your best interest and will achieve the best possible outcome for you.

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Dispelling Family Law Myths As family lawyers, we have heard quite a few misleading notions about family law from various clients. For instance, people are often led to believe that family law is all about litigation, and the only way to succeed in your matter is by being litigious.

This is simply not the case.

In this article, we attempt to debunk some of the prevailing myths around law, specifically family law, and provide a clearer outline of factors about family law.

Myth #1 Take it to court.

It is commonly believed that all family law matters are settled in the courtroom. On the contrary, the focus in family law is placed on dispute resolution.

For all matters in family law such as custody issues and division of assets, the law requires involved parties to make a genuine effort to reach amicable agreements.

Even in cases where this is not possible, parties are required to take a collaborative approach in courtroom procedures.

This is mainly because in Australian family law, paramount consideration is given to the best interests of the child.

Myth #2 Mothers over fathers always.

Because of the way traditional societies were structured, even today many believe that mothers by default become the primary carers of the child after a divorce or separation.

While it is true that in older societies females were responsible for looking after the child, and males were the breadwinners of the family, our contemporary society is very different.

Today, women take on as many professional jobs as men. On the other hand, a lot of importance has been given to men’s roles as carers for their children.

Under the Family Law Act (1975) in Australia, women and men have equal responsibilities as parents. Therefore, there are no biases around who will have custody of the child following the breakdown of a marriage or de facto relationship.

Myth #3 It was his/her fault so I will receive more entitlements.

Depending on individual country’s legislation, the divorce system could either be fault based or no-fault based.

For example, Australia follows a no-fault divorce system. This means that if two parties have decided to get a divorce, they need not prove that the other party has committed fault like cheating.

Before this was introduced in 1975, a party was required to prove that the other party was “at fault” to have the divorce approved.

Therefore, during property settlement such discussions are irrelevant. Division of assets are done by determining factors such as financial and non-financial contributions.

Myth #4 Only breadwinners receive majority entitlements after property settlement.

As mentioned above, Courts need to determine the financial and non-financial contributions of parties before making property settlement orders.

Financial contributions include assets, income, superannuation funds, real estate property etc. Non-financial contributions include looking after the family home, looking after the children in the marriage, contributing to maintenance of the house etc.

Family Courts ensure that property orders are just and fair. Therefore, non-financial contributions are also given substantial weight during division of assets in family law cases.

Myth #5 Separation equals moving out of the house.

A party need not always have to move out of the house in order to “separate” from their former spouse. In other words, separation need not necessarily entail moving out of the house.

Some couples opt ‘separation under one roof’ for genuine reasons such as financial troubles, and convenience. 

However, to proceed with divorce, parties will be required to prove that their relationship has broken down.

To prove breakdown of relationship for cases where separated parties were living under the same roof, each party will need to provide affidavits.

These affidavits will need to support claims that the relationship has broken down, and neither party intends to resume the relationship.

Therefore, in special circumstances, separation may not involve “moving out” of the house.

Conclusion

As we have explored in this article, there are many misconceptions that people have regarding family law matters. Yes, family law is supremely complicated. However, by believing such myths, people only stress themselves out more.

If you find yourselves in the midst of a family law matter, it is best to educate yourselves by reading more of such family law blogs.

People often feel disheartened because of some of the above-mentioned myths. It is always recommended to consult a family lawyer to gain a clear idea on your matter.

Author info: 

John Bui is the Principal Solicitor of JB Solicitors. The firm primarily deals with matters falling under family law, property law, criminal law and commercial law. John is a nationally accredited mediator and arbitrator.

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How To Deal With A Car Wreck Trauma With No Injuries? In some cases, a car accident may not cause any physical injury, but it can result in massive trauma and psychological shock. You can file a legal suit to claim compensation in such a situation. 

You can get much help from the Provo personal injury lawyers in dealing with a car accident causing you no harm physically but inflicting mental shock. Experienced lawyers with relevant specialization can facilitate your insurance claim. 

Fighting a car wreck case is not easy, especially if it didn’t cause you any physical harm. But you have suffered trauma due to the accident, and it can linger on for some time. 

Getting away from such trauma or psychological shock is not easy. You are entitled to an insurance claim to compensate for this mental trauma.

You can deal with a car accident trauma with no physical injury in the following five ways:

Prove Your Trauma

Hire an experienced lawyer who can legally establish that you suffered mental trauma after the accident. The accident may not have harmed you physically, but the shock of having witnessed the death of another person created terrible flutters in your mind. 

Show You Are Still In Shock

An expert lawyer can legally establish that you are still in shock or may be subjected to prolonged stress disorder after the devastating event.

Such mental stress may impede your professional excellence leading to a reduction in income. This can be compensated by the insurance company in monetary terms if your lawyer can prove it. 

Prove Your Innocence

Your attorney can effectively argue how the accident happened without your fault and how it affected you psychologically. The lawyer should be experienced in explaining all the emotional angles in the case. 

The insurance company’s lawyer may always try to underplay this emotional wreck factor but your lawyer can strengthen the case with his counterarguments. Your lawyer can prove that the flashback of the accident scene created occasional flutters in your mind reducing your capabilities. 

Confirm Your Income Loss Due to Trauma

The insurance company is duty-bound to make up for your income loss caused due to car accident. In the case of trauma suffered on witnessing an accident, the insurance lawyers always try to underplay the whole thing to avoid paying compensation. 

Hire a lawyer who can prove that you could not run your business or join your duty in your workplace because of the trauma suffered by you. 

In all these cases, you have suffered income loss for several days. Your lawyer can prove this with a claim for making up this financial loss. In the case of mental trauma, your lawyer should have the mastery to prove you suffered more injury psychologically, and that you need suitable compensation.

In Conclusion 

Dealing with a car wreck trauma with no injuries is quite a difficult legal issue. The success of such a case completely depends upon your lawyer. If they argue well bringing relevant statutes and citing necessary emotional angles, you can win the case. 

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The Role that Excessive Speed Plays in Car Accidents Speeding may cause a driver to lose control of their vehicle, reduce the effectiveness of the included safety mechanisms, and increase stopping time.

With the hectic schedules that most people have today, it should be no big surprise that drivers often ignore the posted speed limit as they try to get from point A to point B. Their goal is to get there just a little faster.

Unfortunately, if you drive faster than the posted speed limit or faster than what is considered safe for the road conditions, it can cause a serious and life-changing accident.

If you are the victim of an accident caused by another driver who was speeding, you have legal rights. One of these rights is to recover compensation from the at-fault party. While this is true, it’s also smart to learn more about how speeding contributes to car accidents.

How Speeding Contributes to Car Accidents       

There are several ways that speeding can contribute to a car accident. Some of the most common ways include:

Traveling at Higher Speeds Increases the Possibility of Losing Control

A driver who is speeding is more likely to swerve into oncoming traffic than one who is going the posted speed limit. They may also hit a roadway barrier. If a speeding vehicle loses control, it can roll, which can impact many other vehicles on the road.

Speeding Increases Stopping Distance and Time

The faster a car is going, the more time they need to stop. If someone speeds and suddenly notice debris on the road or if there is a vehicle stopped ahead, it will be impossible to stop in time in many cases. This can result in a serious accident.

Safety Features Don’t Always Work at Higher Speeds

Airbags and safety belts are designed to protect passengers and drivers from severe injury. This is done by reducing the force that occurs at impact. If someone is traveling too fast and they are involved in an accident, then the safety features will probably not function well or properly.

Serious Injuries Caused by Car Accidents Where Speed Is a Factor

A collision that occurs at high speeds may cause serious whiplash and result in your skull and brain being jarred inside your head. It can also lead to serious spine and neck injuries. You could also hit your head on the windshield, steering wheel, or some other hard surface. When traveling at higher speeds, the impact could also be fatal or result in serious, life-changing brain damage.

Actions That Cause Speed-Related Accidents

The posted speed limits show the maximum speed that a driver can go if there are favorable weather and traffic conditions present. Drivers may engage in the following actions and cause accidents:

Going too Fast

Some people make the mistake that traveling just five to 10 miles of the speed limit is not really speeding. However, even if someone is traveling just a few miles over the posted speed limit, serious consequences may occur. If someone drives too fast, it is especially dangerous.

Driving too Slowly

If someone drives too slowly, it can also be dangerous. In fact, this can be just as dangerous as driving too fast. For individuals who are driving 10 mph or slower than the posted speed limit or other traffic on the road, an accident is much more likely.

Not Maintaining a Reasonable Speed

In situations where the speed limit posted is 70 mph, it doesn’t mean that this is the speed that a person should travel during bad weather. If a driver does not consider the weather conditions, roadway construction, traffic conditions, or other factors when they drive, it may cause an accident. This is the case even in situations where they are not actually speeding.

Your Options if You Are Injured in an Accident Caused by Speeding

If you experience injuries in a car accident that is caused by a speeding driver, it’s important to get yourself and your vehicle to safety, if possible. After that, you should check to see if any other passengers in your vehicle have been injured.

Once you have checked for injuries and gotten to safety, contact the authorities. Along with the police, be sure to request medical assistance if anyone is injured. Even if you don’t feel like your injuries are serious, it’s a good idea to be checked out by a doctor. They will document your injuries and ensure that you get the treatment needed.

Contact a Car Accident Lawyer for Help

Make sure that you contact a car accident lawyer if you are injured in a speeding-related accident. Being informed about what to do will ensure that you protect your rights to compensation from the at-fault party.

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Reasons You Should Consider Hiring A Family Lawyer There are times when we face some kinds of ups and downs in our families and it is very important to solve all the big and small problems.  This simply means that issues within a family can be somewhat stressful and they can put a bad effect on the relationship between family members. So, in this case, you are supposed to hire a family lawyer and there are a lot of reasons that you should take the help of a family lawyer. The most prominent reasons are that dealing with the legal system is very complex and you cannot deal with it alone.  cases such as child custody, diversity, and filing for or a restraining order are not so easy things,  and especially in the case of child custody, it is very important to hire a family lawyer. This is because approximately 51 % of the child custody cases award custody to the mother. Other reasons are

Documentation

In case you are defending yourself in court then you must have all the proper legal documents and you are supposed to have some other evidence also that should properly support your case.  These types of legal procedures and documentation can be very helpful to take the case to your side and when the case.  for proper and evil documentation you would be needing a guideline and in this case, the lawyer can help you and he will also know what you are entitled to so if you hire a family lawyer then I will just look at your documents and will are you give your case in court

Save Money And Time

 You need to know that going to court and various forms of legal fees cost a lot of money and are a time-consuming thing.  So if you want to save yourself from such things, the only option is to hire a family lawyer.  He is well aware of the facts that how you should avoid going to court and efficiency is called minus family e disputes.  On the other hand, if you're not giving your case to such a lawyer then it would be very time-consuming, And at the same time, you will lose a huge amount of money.

Get Rid Of Stress

If you are experienced then you should be well aware that family issues are very stressful because there are many other things to take care of such as managing your home,  going to work, and taking care of your kids.  So in this case, it is not very easy for you to meet the deadlines of the courts.  In this case, the only option you are left with is a lawyer to deal with these family issues. He is very efficient and allows anybody to handle important and urgent issues at home and he is responsible for handling all your things at the court.  no matter you are at home or anywhere are you need to do is give him the legal documents and let him handle your case because he is more experienced and has the knowledge to deal with such things

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Uncategorized https://www.lawyerforyou.org/blog/reasons-you-should-consider-hiring-a-family-lawyer/ https://www.lawyerforyou.org/blog/reasons-you-should-consider-hiring-a-family-lawyer/ Editor Thu, 26 May 2022 23:50:01 -0400
Can I Get SSD Benefits for Office Job Injuries? According to data provided by the Social Security Administration (SSA), there are approximately 10 million people receiving Social Security disability (SSD) benefits in the United States. Social Security disability recipients are diverse. They are people of all different ages, income level, and occupations. You do not have to work in a “dangerous” industry in order to be eligible for SSDI benefits. 

This raises an important question: Can you qualify for Social Security disability benefits if you work in an office? The answer is a clear ‘yes’—disabled office workers can absolutely qualify for SSDI benefits if they meet medical and non-medical requirements. In this article, you will find a more complete guide to office work injury Social Security disability claims.

Office Job Injuries Can Qualify for Social Security Disability

It would be a misconception to assume that office workers do not suffer injuries on the job. The reality is that office workers are injured at about the rate of the national average across all industries. An employee working within an office could be injured in a number of different circumstances. Some of the most common office worker injuries include:

  • Slip and fall accidents;
  • Repetitive strain injuries (RSIs);
  • Overexertion injuries; and
  • Back injuries.

Of course, an office worker could also develop non-work related injuries, illnesses, or impairments that render them temporarily or permanently unable to return to the job. As an example, a very serious and debilitating form of cancer could make an office employee medically disabled.

Why Office Workers May Have a More Difficult Time Getting SSD Benefits

While office workers can certainly qualify for Social Security disability benefits through SSDI or SSI, they can sometimes face additional challenges in the claims process. For office workers, one of the core challenges is that they must prove that their disability makes them medically incapable of returning to their previous job or to a suitable alternative position.

An office job is generally classified as “sedentary work.” Some workers have physical and/or mental disabilities that render them unable to reasonably perform sedentary office work. Still, you will need to be able to prove strong and comprehensive medical evidence that you are unable to meet the physical or mental requirements of your job.

You Can Challenge a Social Security Disability Denial

Office workers can put themselves in the best position to get SSD benefits by putting together a comprehensive, well-supported initial application for benefits. That being said, even if you do everything right, you could still run into some issues. If your claim for SSDI or SSI benefits for an office job injury was denied, you are not necessarily out of luck. You have the right to file an appeal.

Your request for reconsideration (initial appeal) should be submitted within 60 day. The SSA denies a significant number of initial claims. In some cases, the SSA makes errors. In other cases, the applicant needs to produce supplemental documentation. Regardless, a lawyer for denied social security disability applications can help you navigate the claims process.

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Uncategorized https://www.lawyerforyou.org/blog/can-i-get-ssd-benefits-for-office-job-injuries/ https://www.lawyerforyou.org/blog/can-i-get-ssd-benefits-for-office-job-injuries/ Editor Wed, 25 May 2022 23:44:23 -0400
3 Strategies for Winning Personal Injury Claim Settlement Lawsuits Around 95 percent of civil actions are resolved through negotiated settlements. This figure may come as a surprise to some. However, this is good news for claimants because it often leads to the quick recovery of substantial sums of cash. The settlements can be used to cover living expenses, pay medical bills, and move on from a traumatic event. If claimants have competent personal injury attorneys representing them, they will likely recover these funds more quickly.

Spar & Bernstein wrongful death attorneys have the means and the expertise to take your case all the way to trial and fight for you to receive the greatest amount of compensation that the law allows. This is true even if the defendant refuses to make a reasonable settlement. If that is not the case, there are numerous approaches that we can take to settle your matter before it goes to trial. Here are three popular personal injury lawsuit strategies:

1. Concentrate on gathering information.

It has been shown that beginning the preparation process early on with the collection of high-quality information is related to more favorable results. This is particularly true in the field of law. Knowledge is power. The most effective strategy for increasing the amount of leverage over the other side is to get as much information as we can. It is also important to gain that information as soon as possible.

One of the primary goals in a lawsuit is to establish all of the material facts. This includes who, where, what, and when. We investigate the statements made by accident reports, witnesses, the information generated by computers, emails, medical reports, and internal memoranda.

In addition, we secure the testimony of any unbiased individuals who are willing to testify for us. Finally, we also look for essential participants from outside the firm. These are people who can collect documents and gather contradictory or corroborating accounts. Early on, we have preliminary meetings with the witnesses in order to evaluate their strengths.

Next, the motivational facts are investigated in order to discover the points of discomfort that the opposition has. We look at disclosures that they do not want to be known and the financial concerns that may affect decision-making.

2. Prepare a Persuasive Presentation

The success of your mediation effort will be the result of the strength of your argument as well as the caliber of your presentation. You will increase your chances of getting a large settlement offer by bringing a greater number of exhibits and proof to the table. As part of our legal argument, we can consider comparing your case to others that are analogous and have been decided before yours. Depending on the specifics of the circumstances surrounding your case, a cost-benefit analysis, professional and industry standards, and expert opinions are often enlisted as resources.

3. Maintain Command of the Mediation

We always come completely prepared to ensure that our clients receive the best possible outcome from their mediation. Our lawyers arrive at every case ready to present facts, exhibits, and other items designed to persuade the jury. Furthermore, there will be a draft of the agreement ready to go. The draft will have been thoroughly reviewed to ensure that the conditions regarding payments and confidentiality are all satisfactory.

Finding a Good Attorney

It's probably a good idea to speak with an attorney unless your accident was minimal. You can always schedule a free initial session if you're on the fence about hiring an attorney. Because personal injury lawyers work on a contingency fee basis (meaning they don't get paid until you do), they'll tell you straight up if you have a valid claim.

First, gather and organize the evidence in advance of your initial meeting with an attorney. You and your lawyer will be able to make the most of your time together if you have this evidence on hand. Remember that your initial encounter with a lawyer is an opportunity to determine whether or not the lawyer is suited for you.

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Uncategorized https://www.lawyerforyou.org/blog/3-strategies-for-winning-personal-injury-claim-settlement-lawsuits/ https://www.lawyerforyou.org/blog/3-strategies-for-winning-personal-injury-claim-settlement-lawsuits/ Editor Wed, 25 May 2022 00:27:32 -0400
Ways To Protect Yourself From Getting Injured In A Car Accident Driving a car on a highway can be dangerous and unpredictable. An accident is difficult to predict because there are so many factors involved, and anything can happen at any time. Most car accidents occur in the middle of nowhere without warning, so they are so frightening.

Also, they may cause extensive damage to your vehicle or result in serious injuries to you and your passengers. If you wish to reduce your risk of being injured in a car accident, you can take several measures. Unfortunately, not all accidents can be prevented because drivers cannot be held responsible for their reckless actions. Still, if you follow these tips, you may avoid it to a great extent:

Keep Your Vehicle In Good Condition

It is always critical to ensure that the car is in proper working order before you drive it. If you adhere to the maintenance schedule recommended by the manufacturer, you should not have any problems. Make sure your oil is at the right level, your tires are properly inflated, and your wiper fluid is available.

Wear Your Seatbelt At All Times

Wearing a seatbelt in a car accident can reduce your chances of dying and being injured severely. Your attorney will likely ask whether you were wearing a seatbelt at the collision.

Wearing a seatbelt properly will provide the best level of protection for you. If you have a lap belt, you should wear it across your lap and not on your abdomen. Women who are pregnant need to be especially careful here. Your shoulders should be covered by the shoulder belt, not your neck.

Ensure That The Headrest Is Adjusted

Whiplash occurs when the soft tissues of the neck are overextended during collisions. You will be less likely to experience whiplash if you do not adjust the headrest as needed. Thus, it is recommended that the headrest be equal in height to the top of your head. Once adjusted, the headrest must be locked in place.

Observe All Traffic Laws

Although this may seem common sense, it plays a fundamental role in preventing accidents. There is a reason why traffic laws are in place. In enforcing these laws, motorcyclists and others on the road are protected. Remember to observe speed limits and traffic signals and follow the road rules - however, do not assume others follow the same rules.

Don't Extend Your Backset Too Far

The backset is the distance between the headrest and the back of the head. Ideally, this distance should be less than two inches. When the backset exceeds this limit, it interferes with the headrest's ability to provide a neck support.

Be Attentive At All Times

The key to staying focused on the road is to keep your eyes on the road. The use of portable devices like cell phones & tablets has been responsible for increased car accidents caused by distracted driving. Do not let your phone or any other device distract you when you are in the car.

If necessary, place your smartphone in the glove compartment or rear seat to avoid unnecessary distractions while driving. Likewise, other distractions such as eating or drinking, adjusting the radio, or conversing with passengers should be avoided when driving. You should never take your eyes off the road for even a single second.

Bottom Line

If you follow the steps listed above, you can protect yourself from getting injured in a car accident. As car accidents can occur suddenly and unexpectedly, they are difficult to prevent. You may be able to avoid a collision if you follow the correct procedures.

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Uncategorized https://www.lawyerforyou.org/blog/ways-to-protect-yourself-from-getting-injured-in-a-car-accident/ https://www.lawyerforyou.org/blog/ways-to-protect-yourself-from-getting-injured-in-a-car-accident/ Editor Mon, 16 May 2022 09:56:15 -0400
Why Retain a Personal Injury Attorney? Someone without an attorney can easily handle some personal injury cases. Those cases are generally going to be minor injuries and few medical expenses. One of the scenarios that personal injury attorneys see frequently is a person who has a substantial injury claim trying to handle the case on their own and struggling.

The General Rule 

The more serious the injury and the higher the medical expenses, the more likely that a person needs a top personal injury attorney to help them after a bad accident.

A problem arises when an accident victim tries to settle a case on their own yet does not have a working knowledge of the actual value of their case. 

Nevertheless, personal injury victims are at a considerable disadvantage when they attempt to settle a case on their own. If an insurance company can settle the case for $.10 on the dollar, they will do it in a New York minute. Because the insurance adjuster knows the value range of the claim, and the injury victim probably does not.

How Are You at a Disadvantage Without an Experienced Attorney?

  1. What is the case worth?

One mistaken assumption is that the insurance adjuster will pay the accident victim a fair amount. But, if a lawyer does not represent you, that is not usually the case.

Insurance companies are not in business to be fair to third parties on personal injury claims. Insurance companies will do anything to keep the amount they settle the claim for to a minimum. If an accident victim does not know the actual value of the case, the odds of the victim being fully compensated are small.

  1. No leverage of a trial?

Leading accident attorneys know the power of a trial settling to focus the adjuster on valuing the claim fairly. If the adjuster does not pay a fair amount, a jury probably will. 

While some well-known insurance companies often force a trial by refusing to pay a reasonable settlement, most recognize the risks of letting a jury determine your damages.

  1. Who does the work of handling your claim?

One overlooked issue is the work needed to advance your case. Obtaining your medical records, lost wage information, and necessary evidence takes effort. Letting the lawyer do the job enables you to focus on healing.

  1. Paying medical bills

You may not understand the rights and obligations involved in the settlement for payback of certain parties, such as health insurance claims or hospital liens. Medical expenses required to be repaid are called "subrogation." 

Attorneys will negotiate your medical expenses to net you more money. And deal with health insurance companies who demand to be repaid out of the settlement. Some states even require a credit for your attorney on subrogation claims which helps your bottom line.

Getting an experienced personal injury lawyer keeps the unknown from impacting your compensation. 

Considerations in Choosing a Personal Injury Attorney

 Who is Your Lawyer?

With personal injury claims, the analysis by the insurance carrier includes:

* The facts of the accident, 

* The amount of available insurance, 

* The injury victim's damages, and 

* The attorney representing the victim. 

Thus, picking the right attorney is vital for maximizing the compensation you deserve.

About High Volume Law Firms

Certain law firms handle a high volume of cases and try to churn their inventory quickly to maximize their profits. Insurance carriers are aware of these law firms' reputation for quick, cheap settlements. Which can have an impact on the value of the case. If your lawyer has a reputation for settling cheap, the insurance company will know.

Always Pick a Local Lawyer

Select a local attorney with experience in the type of case you have. Some law firms focus or specialize in practice areas. The more focused the local attorney is in your kind of case, the better.

How Bad Are Your Injuries?

The more serious your injury, the more likely you need representation to get the compensation you deserve—also, the more important your choice of attorney. 

If you are seriously injured in a car wreck, 18-wheeler crash, or other accident, find an attorney you can have confidence in to help you with your case.

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Uncategorized https://www.lawyerforyou.org/blog/why-retain-a-personal-injury-attorney/ https://www.lawyerforyou.org/blog/why-retain-a-personal-injury-attorney/ Editor Sat, 14 May 2022 22:53:01 -0400
Five Main Reasons to Hire a Chicago Construction Accident Lawyer

As you are aware, building project occupations are hazardous, and you may be involved in severe accidents due to the use of heavy machinery. Construction-related injuries have been on the rise in Chicago, which has resulted in many construction site owners experiencing difficulty with labor, severe injuries, and legal consequences.

At that stage, you will need the services of a Chicago construction accident lawyer who will guide you through the many stages of your accident. Some of the accidents are minor and do not result in serious injuries or property damage, as expected in this work field. When there is an outbreak of carelessness on a job site, it can spread like a virus and result in additional people getting injured or even death. That can be devastating.

Although you are aware of the dangers associated with construction work, this does not mean that the losses and injuries suffered by your employees should go unreported or uncompensated.

We have listed five main reasons why you need a construction accident lawyer;

Let's discover it;

Five main reasons why need a construction accident attorney

At a particular point of a construction accident, you badly need a lawyer that could help you in many ways;

Assists you in bringing legal actions.

Accidents on construction sites are a typical occurrence, as are other workplaces. With the assistance of a skilled attorney, you will be able to rest and concentrate on recovering yourself while the financial aspects and all the legal actions of the case are taken care of for you.

 If you are unfamiliar with how the legal system operates, you may be perplexed about where to begin and when to do so. A lawyer will assist you in taking all of the relevant elements into contemplation before determining whether or not to file a legal action.

Support you in the filing of a civil lawsuit.

Great lawyers have a wealth of knowledge and experience that will enable them to guide you down the right path and assist you in making informed decisions in the future. Insurance companies can intervene if they are being unfair.

That's the reason a skilled attorney is required to find a way to resolve the situation, whether or not a lawsuit is filed against them. You will receive guidance from a Chicago construction accident attorney on how to file a lawsuit for your injury.

They will direct you to show up on time.

When deciding whether or not to file a lawsuit, there are two factors that you should consider. The more you wait to file a claim after being injured, the worse your case will be.

The other is that if you do decide to file a case, you will have to spend a significant amount of time making sure all of your required records are in order. A good lawyer can help you save time on both counts because they can ensure that your claim is filed as soon as possible while also assisting you in collecting all the records.

They will have to deal with stressful situations.

When you face an accident, you are in great trauma, and you are going through both physical and emotional illness. At this moment, you need a skilled and experienced lawyer that could help you to come out from these traumatic situations. You will indeed be able to return to your previous way of life much more rapidly after the accident with the guidance of skilled lawyers.

Facilitates you in recovering correctly.

Even though it is extremely tough to deal with accident-related damages, your insurance providers sometimes do not correctly advise you and play games with your emotions. You will require the services of an experienced Construction Lawyer who will recover your money through the right channels and in the proper manner.

When you engage with a qualified construction accident attorney, on the other hand, your chances of receiving compensation that covers a large portion of your losses increase significantly. A professional attorney knows how to deal persuasively to gain the highest amount of compensation.

A free consultancy

Everyone appreciates the opportunity to receive free consultation services, which is why most competent lawyers offer complimentary consultation services to their valued clients.

They want to gain your trust. You can ask as many questions as you like to put them to the test. Once you have received all of the answers to your accident-related questions, you will be able to make an informed decision about what to do next.

Final words

It is advisable to retain the services of the Chicago construction accident lawyer early in the process to prevent making costly blunders. Each state has its deadline for filing accident claims, which differs from one. In most cases, an injured worker should contact an attorney as soon as possible after the accident happens, ideally within one to two weeks, to avail great benefits of hiring a construction lawyer.

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Uncategorized https://www.lawyerforyou.org/blog/five-main-reasons-to-hire-a-chicago-construction-accident-lawyer/ https://www.lawyerforyou.org/blog/five-main-reasons-to-hire-a-chicago-construction-accident-lawyer/ Editor Wed, 04 May 2022 12:37:22 -0400
Can I get divorced by Agreement without Court? Indeed, you can with an uncontested divorce. An uncontested divorce is an easy way to get divorced in the State of Alabama. There are no court proceedings in most counties as long as you follow the proper procedures. Assuming you and your companion are in a complete agreement about the specifics, including property, children, and all other matters.

What is an uncontested divorce and why do you not have to go to Court? An uncontested divorce is where you and your spouse reach an agreement without lawyers. Then you pay a divorce lawyer to prepare the paperwork, including an agreement, for you and your spouse to sign. Once both of you sign all of the paperwork, the attorney files your divorce and the paperwork with it. Due to the language in the legal documents prepared, it waives certain procedural requirements and the judge is able to issue an Order without any court.

When a civil action is filed, there must be a controversy or disagreement for the Court to decide. A divorce is just a civil action and so there must be something not agreed upon when it’s filed otherwise there is nothing for a judge to do. This is why the first document filed in all civil matters is called a Complaint and it is filed by the person called the Plaintiff. Your Complaint for divorce in an uncontested divorce lays out facts of the case and asks the Court to enter a Divorce Decree ordering that their settlement agreement be followed. Since the agreement was filed with the Complaint, this is easy for the Court to do.

There is something called an Answer and Waiver that is filed in response to the Complaint in an uncontested divorce. This is filed by the other spouse called the Defendant. The Answer waives procedural requirements to appear in Court and testify before a judge as well as other procedural rules. This is what allows the Plaintiff to submit a document called the Testimony of Plaintiff.

The Testimony of Plaintiff is the testimony as to the facts of the case that is normally done on the stand in Court, but instead is put on paper and signed in affidavit form. Because the Answer signed by the Defendant waives this requirement to appear in Court, this Testimony can be submitted this way and no Court is needed.

The Testimony of Plaintiff usually just states facts like marriage and separation date and other facts, but it also states the evidence for the grounds of divorce. If the grounds of divorce is incompatibility which it usually is in an uncontested divorce, then the reasons are usually generic ones such as we no longer have the same friends or interests. This is done to be able to get divorced easily since if you have another reason for why you are incompatible than what is normally used by divorce lawyers, then it needs to be sufficient or the judge might want more evidence in open court and hold a hearing.

This is why it is best to hire a local divorce attorney to help in an uncontested divorce so that it goes through without any issues. For example, let’s say you typed the documents yourself and put adultery as a ground for divorce. Then, you put “she cheated on me” as the evidence of this in your testimony. This would not likely suffice. You would most likely have a hearing for the judge to explain Alabama civil procedure rules and it would not be an easy divorce.

The rules of civil procedure can be gotten around for an uncontested divorce in Alabama, but the documents have to state the correct things. A local divorce lawyer can get you a cheap divorce in Huntsville, or wherever you are in the State of Alabama, without any court as long as the documents are done correctly.

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Uncategorized https://www.lawyerforyou.org/blog/can-i-get-divorced-by-agreement-without-court/ https://www.lawyerforyou.org/blog/can-i-get-divorced-by-agreement-without-court/ Editor Sun, 01 May 2022 23:49:46 -0400
Attorney Samuel Dewey Considers the Issue of Congress Versus the Executive: Who Controls the War Powers? Rising tensions in eastern Europe have brought to the forefront the issue of who controls the war powers in the U.S. Federal Government.  As attorney Samuel Dewey explains, Congress has urged President Joe Biden to respect the Constitutionally-created separation of powers in all issues related to the military.

But, what powers does each branch of the federal government possess on their own, and what powers are shared?  Here are the roles of each branch of the federal government as well as an explanation of their authority to make decisions about war.

Constitutional Powers

The U.S. Constitution divvied up war powers between both the president and Congress.  The President is designated as the commander in chief of the military, but only Congress has the ability to appropriate funding for the military and to declare war.  In recent years the President and Congress have created a mechanism to invoke force short of a Declaration of War—an Authorization for the Use of Military Force.  This Act of Congress does not declare war, but authorizes the President to use force in a set of circumstances under a set of conditions.

To this point, the U.S. doesn’t seem to be close to considering a declaration of war against Russia following its invasion of Ukraine.  If the President were to want to declare war on Russia at any point, he would technically have to seek Congress' approval to do so.

War Powers Act

The War Powers Act was passed in 1973 to place limitations on the President's ability “to initiate or escalate military actions abroad.”  It was passed just two years before the U.S. ended its direct involvement in the Vietnam War, and 19 years after it began.

Congress passed the Actbecause multiple Presidents had taken unilateral action to send troops overseas during both the Korean and Vietnam Wars without the approval of Congress.  While then-President Nixon vetoed the bill, Congress overrode the veto.

Congress  did not declareeither North Korea or North Vietnam, yet U.S. Presidents repedetely and unilateral committee U.S. armed forces to these conflicts. . The frustration in Congress boiled over under the Nixon Administration, when it was discosved that the United Statescarried out bombings of Cambodia in secret without first receiving Congress' consent.

Some members of Congress are concerned that Biden might consider taking similar actions.  A bipartisan group of U.S. Representatives sent the president a letter in February urging him “to respect the separation of powers . . . and Congress’s constitutional war powers authority.”

Exceptions

The War Powers Act has been challenged multiple times since it was enacted, with various Presidents either sending troops to fight in foreign conflicts or carrying out bombings in foreign countries.  As Sam Dewey points out, the Executive Branch has consistently maintained that the Act is unconstitutional as it restricts the President’s power under the Commander-in-Chief clause to take unilateral military action to protect the country against imminent threats.

The bipartisan group of U.S. Representatives fears the White Housecould invoke this rational to unilaterally commit troops to the conflict with Russia.  The members of Congress want the President to get their approval before sending any troops to Ukraine, or pulling any troops in the region out.  They have signaled they are ready to exert their war powers to ensurethe President seeks Congressional approval.

About Samuel Dewey

Samuel Dewey is a successful lawyer and former Senior Counsel to the U.S. House of Representatives Financial Services Committee and Chief Investigator and Counsel to the U.S. Senate Special Committee on Aging.  Mr. Dewey specializes in:  (1) white collar investigations, compliance, and litigation; (2) regulatory compliance and litigation; and (3) complex public policy matters.  Within these fields Mr. Dewey is considered an expert in Congressional investigations and attendant matters. Mr. Dewey has a B.A. in Political Science, a J.D. from Harvard, and is admitted to practice law in Washington, D.C., and Maryland.

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Uncategorized https://www.lawyerforyou.org/blog/attorney-samuel-dewey-considers-the-issue-of-congress-versus-the-executive-who-controls-the-war-powers/ https://www.lawyerforyou.org/blog/attorney-samuel-dewey-considers-the-issue-of-congress-versus-the-executive-who-controls-the-war-powers/ Editor Tue, 26 Apr 2022 23:40:36 -0400
What Happens if You Don't Answer the Door to a Process Server? It is the right of every defendant or any other party involved in a lawsuit to be effectively brought to the book concerning crucial details of the case against them. A plaintiff does this by having a process server deliver the documents to the defendant on their behalf. Many people sometimes go to their extreme to avoid being physically served, hoping that they will somehow stall and cause the termination of the case. However, these tactics rarely work as alternative methods process servers can use to ensure you are still served. This article will cover more on the general rules involving service of process. Read on to learn the number of times a process server can come to your house before considering alternative options. 

Who is a Process Server, and What are their Qualifications?

"Service of process" is a legal requirement expressed in the fourteenth amendment of the US constitution. It defines all the viable legal methods that a defendant can receive legal documents related to cases against them before a case is heard and determined in a court of law. A process server is a person tasked with delivering the documents on behalf of the plaintiff. Various states have different requirements when it comes to process servers. The general rule is that they should be above 18 years and not be a party to the case in any way. 

In California, other than being 18 years and not a party to the case, a process server is required to serve the defendant within the stipulated time limits. In writing, they should also indicate who they served, when, where, and how to serve as evidence in a court. Apart from law enforcement officers or anyone appointed by a court to serve their processes, process servers in California who've served more than 10 legal documents in a year should be registered. A court clerk in their county of residence is responsible for taking their registration, and they should ensure it remains maintained to remain relevant. 

While there are no educational requirements to be a process server in California, they are expected to understand all the laws about process serving. A process server will also be required to post a $2,000 deposit or bond. 

What does it Mean to be Served?

A defendant or any other relevant party is served with the process when they have been effectively notified of the legal action against them in line with the standard statutory requirements. Although every state has its requirements and steps to achieve this, the general and initial method is personal service. Personal service means handing over the relevant court papers about a case to the defendant. The process server must meet the stipulated requirements expected in their state before serving. For instance, they must first be fully satisfied that the person handing the papers is the target party. 

Also, they must serve the papers to a party residing in the state where they filed the lawsuit. However, there are some exceptions to this rule in many states regarding lawsuits involving out-of-state property, owners within the state and motor vehicle accidents. If personal service is ineffective, you can use other methods if the court deems it proper. 

What happens when I don't Answer the Door?

There are many ways a process server can serve a defendant via the personal service method. The first crucial thing is identifying where to find them quickly and at what times. Two of these most common places include their place of work and residence. So what happens if you don't answer the door when a process server knocks? Well, while you're not obligated by law to open the door for a potential process server, not opening will only work to complicate your case further. The first thing the process server is likely to do is to record the failed instance to include it later in their Affidavit of service, which will include the date, time, and place they tried to serve you and other details such as if they think you were deliberately refusing to be served. 

The process server will diligently serve you for a maximum of 3 unsuccessful times before seeking approval from a judge for other methods to be considered. In all three attempts, they will change the time and day to increase their chances of meeting you and prove that they tried their best to serve the papers. 

What can a Process Server Do or not Do?

A process server has a primary objective to identify and notify a defendant of a case filed against them in court through delivering them the relevant court papers. In their endeavor to do so, it is within their job's best interest to sometimes adopt some clever ways to achieve this goal before the time limits elapse. However, in their quest, there are practices they should not do. Below are some of them;

  • Cannot Enter Forcibly or Break into a House

The first place process servers consider during personal service is the last known residential address of the defendant. They will visit the home, knock on the door or gate, and wait to be let in. They will be considered to be within their rights and not trespassing, provided they don't try to access the home without the consent of a household member. 

  • Cannot Impersonate a Law Enforcement Officer 

It's wrong for a process server to impersonate a law enforcement officer or any other court official with the intent of compelling the person to open the door. 

  • Can Stakeout a Defendant 

Process servers cannot stalk or harass a person to serve them. However, they are within their rights to wait for them outside their known address, workplace, or business premise to serve them. They can also wait in front of the house of a known acquaintance or family member if they expect the defendant to visit regularly. 

  • Cannot Leave the Court Papers with a Minor 

A judge can approve the substituted service of process, which allows a process server to leave the court documents with someone in constant contact with the defendant. It can be an adult person within the defendant's workplace or place of residence. However, it's not allowed that they leave the papers with a minor (below 18 years). 

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Uncategorized https://www.lawyerforyou.org/blog/what-happens-if-you-dont-answer-the-door-to-a-process-server/ https://www.lawyerforyou.org/blog/what-happens-if-you-dont-answer-the-door-to-a-process-server/ Editor Thu, 21 Apr 2022 00:14:28 -0400
All You Need to Know About Selective Service Registration for Immigrants If you're a male immigrant in the US, then you have probably heard about Selective Service Registration.

So what is it, anyway? Are you required to sign up? And what will happen if you don't?

This article contains everything you need to know about the Selective Service System.

What is Selective Service Registration?

Run by the Selective Service System, this “draft” does not necessarily mean you must assume military service right away.

See, the US military and armed forces has been on a voluntary basis since 1973. But in times of national emergency, Congress may reinstate the draft. With the Russian incursion in Ukraine, this is a possibility.

And should such a crisis happen, the United States Government will draw Selective Service draftees according to a random lottery number and their date of birth.

You will then be examined if you are mentally, physically, and morally fit to serve under the U.S. flag. If not, you may be exempted or deferred from the draft.

Who Should Register With Selective Service?

According to Federal law, all men aged 18-25—both citizens and immigrants—must register for selective service.

By immigrants, it means legal permanent residents, refugees, asylum seekers, and even undocumented immigrants.

Transgender immigrants who transitioned from male to female are also required to sign up.

US Citizens are required to sign up within 30 days after they've turned 18. On the other hand, immigrants should register within 30 days of their arrival.

The US Government is lenient enough to accept late registrations until age 26. However, it's best to sign up within the recommended time, especially for immigrants since you need ample time to comply selective service registration requirement.

Who are Exempted From the Selective Service System?

As mentioned, male immigrants aged 18-26 must sign up for Selective Service. However, you may be exempted, granted you meet any of the following conditions:

  • Active-duty Military duty
  • Enrollment in the Officer Procurement Program
  • Cadet/midshipman status at Coast Guard academies
  • Hospitalized, incarcerated, or institutionalized status
  • Handicapped (with continuous confinement)

Individuals who hold non-immigrant visas (up until age 26) are exempt from Selective Service. The same goes for transgender immigrants who transitioned from female to male.

How to Register With Selective Service

Once you meet the criteria above, you’ll then move to the process of registering with the Selective Service System.

Step 1: Sign Up

There are two options for signing up:

  • Through the Official Website of the United States Government

Visit sss.gov/register/ and provide the following information:

  • Full name
  • Home/mailing address
  • Social security number (valid SSN)
  • Contact number
  • Email address
  • Through Snail Mail

You can visit your nearby post office to get a registration form. You can also download a copy here.

Once you complete filling up the form, make sure to mail it to the Selective Service System PO box in Palatine, Illinois.

Step 2: Submit the Necessary Documents

Apart from submitting your registration form, you'll also need to forward copies of these documents:

  • Foreign passport bio-page and page with CBP entry stamp
  • Green card
  • Driver's license or any ID issued by federal or state agencies I-94 form
  • USCIS I-766 Employment card

If you're exempted from Selective Service, make sure to submit proof of your confinement, institutionalization, or incarceration.

Step 3: Wait for the Selective Service Registration Acknowledgment Letter

Within 90 days of registering, you should be able to receive a status information letter and a card with your Selective Service Number. Keep them as you might need them for your citizenship interview.

If you haven't received your card within the same period or if there is an error on your card, contact the Selective Service System hotline at 1-847-688-6888. Their office is opening hours are from 9:00 am to 5:00 pm (EST), Mondays to Fridays, except for Federal Holidays.

Step 4: Update Your Information

Remember: you need to keep your data updated until you turn 26. As such, you need to contact the agency if you change your name or move to another address.

If you've lost your letter or card, you can get another copy through the Verify Registration link.

What Happens if You Don't Register With Selective Service?

You'll end up jeopardizing your chances of getting your citizenship!

Plus, you will be deemed ineligible for various benefits, such as:

  • State-sponsored student aid
  • Federal job training and/or employment

If the United States Government proves that you’ve violated the Selective Service act, you may be jailed for five years. You will also be fined a handsome amount of $250,000. This is where you’ll need the help of an immigration attorney to get out of this mess.

Final Words

Male immigrants aged 18-26 must sign up for Selective Service. Should you decide to forego this Federal requirement, you will be ineligible to attain US citizenship. You also won't enjoy various benefits, such as state aid and Federal employment.

This may come up during your interview, so make sure to register with the Selective Service System within 30 days of your arrival.

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Uncategorized https://www.lawyerforyou.org/blog/all-you-need-to-know-about-selective-service-registration-for-immigrants/ https://www.lawyerforyou.org/blog/all-you-need-to-know-about-selective-service-registration-for-immigrants/ Editor Fri, 25 Mar 2022 05:06:50 -0400
Reasons You Need A Professional To Represent Your Divorce Case In The Court Divorce is indeed a tormenting process. Besides the enormous emotional toll it claims, it also comes with several procedural complications best understood by the experts. If you have to present a divorce case in a court of law, you need to be specific, precise, and to the point.

Random statements, incoherent documents, and inappropriate presentation might lead to a loss. One might even not get the deserved compensation if the presentation of the case in the court was not convincing. Here comes the relevance of hiring the best divorce lawyer, League City TX. The professionals know the process and help you get what you deserve.

Presenting The Case In A Favorable Light

The court of law goes through the testimonies and evidence carefully before giving the verdict. If your spouse has hired a professional lawyer for the case, they might twist the statements to make the case favorable for them.

Accordingly, you should also be ready to face those situations. Moreover, your attorney can devise ways to turn the case in your favor. During the hearings and trials, several issues surface that you might find awkward. You might even have to accuse your spouse on certain grounds.

A lawyer can do all these more professionally and without going through any extent of emotional turmoil, unlike you. Therefore, depending on the expert services always seems a better way than tackling one’s own divorce case.

Child Custody and Visitation Settlements

Most couples fight on child custody and visitation issues. Coming to an amicable solution for this issue can be difficult. Children are also the most sensitive bond between couples. Therefore, you need experts to talk on your behalf and substantiate your capacity for good parenting on firm grounds.

You should remember that the jury only understands the statements, evidence, and documents. The professionals always handle these more appropriately. After going through all the available evidence, the court decides with the best interest of the child in mind. With a professional dealing with your child custody issue, you stand a better chance of winning it.

Regularity And Flawless Documentation

A court case does not get over within days. Sometimes the entire process continues for weeks and even months. Therefore, you have to be patient and relentless throughout the period. Battling with your emotional hazards while keeping up with the case advancements might be a challenging task at any time.

Therefore, an expert lawyer is always a superior choice. The attorneys can deal with your case while you can give yourself some time to get over your distress. The lawyers also ensure that you do not miss out on any trial date or hearing.

Attorneys keep the documents arranged and ready and follow up with the process regularly. More than often, the experts can offer you advice to get out of the abyss of sadness your divorce plunges you in.

Get to know about the best lawyers in Texas before filing your divorce case. Apart from the professional guidance, you might also find their counseling useful from time to time.

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Uncategorized https://www.lawyerforyou.org/blog/reasons-you-need-a-professional-to-represent-your-divorce-case-in-the-court/ https://www.lawyerforyou.org/blog/reasons-you-need-a-professional-to-represent-your-divorce-case-in-the-court/ Editor Thu, 17 Mar 2022 23:31:17 -0400
Complete Guide to the Divorce Mediation Process in Maryland Divorce can be very stressful because of the emotional, legal, and practical consequences. If you are considering going through the divorce process, one of the first options you should consider is divorce mediation. Maryland divorce mediation is a confidential and time-limited process that allows couples that are separating to meet with a mediator (neutral third party) that helps them figure out the division of property, spousal support, child support, and parenting responsibilities. Mediation may be court-ordered or voluntarily chosen by the spouses. 

Divorce mediation allows couples to have an amicable split because it is much less stressful, costly and confrontational than divorce litigation. Mediation aims to reach an agreement over disputed issues while allowing them control over the terms of the agreement through compromises negotiated by the mediator. Litigation hands over decision-making to a judge who independently makes decisions about disputed issues. The biggest advantages of mediation are that it can be used during the divorce process or post-divorce disputes, is low cost and promotes positive dispute resolution over the adversarial litigation procedure. 

Read on to learn more about the stages of the divorce mediation process in Maryland. 

Introduction Stage

This stage of the divorce mediation process involves the assignment of a mediator by the court (for court-ordered mediation) or the selection of a mediator by the divorcing parties (for voluntary mediation). The mediator may or may not be a trained lawyer. You can opt to go into mediation with or without a lawyer to represent your interests. 

After all the parties have met, the mediator will describe the process and address any questions and concerns the parties may have. The mediator’s objective is to settle the disputes. They are neutral and will not advise any of the parties. It is not the mediator’s job to ensure you get the best deal possible. Each party uses the introduction stage to present their challenge and proposed solutions. The divorcing parties use this step to understand what they agree and disagree about. This helps to set a starting point and guide the mediation’s agenda. 

Information Gathering Stage 

Much like divorce litigation, mediation requires parties to lay out and prove all the facts they assert. The mediator identifies points of disagreement and inspects financial records (including retirement funds, checking accounts, saving bonds), real estate/asset records, and any records relating to children. Parties are obliged to disclose all necessary information to show cooperation and good faith negotiation. 

Mediation cannot begin without both parties turning in all the necessary records to settle the dispute. Parties are free to hire third parties such as lawyers or private investigators to help them gather the information necessary to make or prove their case. Ensure that you attach evidence for all the facts you assert as you would in a court case.

Negotiation Stage

After isolating the issues which need to be settled, the next step is for the mediator to open the negotiations for a fair settlement. The only way to reach a final solution is by getting concessions and compromises from both parties. Your mediator will help you explore all the options and narrow them down to those that work for both parties. 

Mediation is a continuous conversation that sometimes reaches temporary solutions that the parties can test for effectiveness before settling on a permanent agreement. If you are uncomfortable with any of the terms proposed during the negotiation process, you should consult a divorce lawyer about the mediation agreement proposed. 

Agreement Stage

Your mediator will shape your needs and interests and help reach an agreement addressing each party’s most important interests. When parties reach an agreement, the mediator may or may not draft an agreement that outlines all the accepted terms. The mediator will direct you away from the many interests pertaining to divorce and focus on the core disagreements. They aim to reach terms that both parties can live with and maintain in the long run. 

If your mediator drafts an agreement for you to sign, you must consult a qualified divorce lawyer before signing it. 

Signing and Filing Stage

After working out all the details and reaching a mutual agreement, the divorcing parties will be required to sign a tentative draft of the agreement. The draft agreement is completed and signed after an inspection by a qualified divorce lawyer. The agreement is filed in court as part of an uncontested divorce, provided no disagreements or issues with the draft. 

Professional divorce mediation is the best option for couples considering separation because it is faster, cheaper, friendlier, and more predictable than litigation. 

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Uncategorized https://www.lawyerforyou.org/blog/complete-guide-to-the-divorce-mediation-process-in-maryland/ https://www.lawyerforyou.org/blog/complete-guide-to-the-divorce-mediation-process-in-maryland/ Editor Tue, 08 Mar 2022 23:01:20 -0500
What Should You Do Right After A Truck Injury? It is natural not to know what to do right after an accident. So the first thing you need to do is call the best Miami truck accident attorney. The professional will help you to get fair compensation and appropriate medical services. Also, an experienced attorney dealing with such cases can help you get immediate help for your injuries.

What else? Well, here are some important things to know that one must do right after surviving a truck accident:

Call 911 Without Fail

You need to call 911 to notify the concerned authorities about your situation no matter what happens. Whether you have suffered severe injuries or mild ones, you need to call 911 for help. 911 notify the first responders and also the police about the situation immediately.

You need to file a report with the police after the incident, stating all crucial information. Typically the report will consist of the following:

  • Statements from each party involved in the accident
  • Witness statements
  • Proper outline of the accident scene
  • Contact information of both the parties involved
  • Police officers' opinions about the drivers, etc.

It is crucial to get a copy of your report to help you with further claims. Also, try to talk to the authorities in the presence of your attorney to avoid any unnecessary hassles.

Collect Evidence

If you plan to file a compensation claim, you need proof to win the case. That is why; you need to collect as many pieces of evidence as you can from the scene. If you already have an attorney by your side, you do not have to worry about collecting the evidence. That's because your lawyer is experienced enough to take photos and notes of the scene and other relevant evidence that can help you to get proper compensation.

Get Immediate Medical Help

If there is no blood loss, people often think they can skip going to the hospital. However, in most cases, the injury tends to be internal and can cause severe damage to your organs. In addition, if you fail to get immediate medical help, the condition might worsen with time.

So, getting immediate medical help is an essential thing to do right after an accident. In addition, it is important to get a thorough checkup to identify internal bleeding and any severe damages to your body. Also, getting proper medical help will be necessary for claiming compensation from your insurance company.

Hire An Attorney

As already stated above, you need someone by your side throughout the process after your injury. And that person should be an injury lawyer who already has ample knowledge about these cases. Sometimes, it is tough to handle the communication and paperwork with the insurance company or your employer.

It is challenging to handle everything while your body is still healing from those injuries. Even if you plan to file a lawsuit, you need to be aware of your rights. In these scenarios, the one person who can help you without any limits is your personal injury attorney. So, call your lawyer immediately without fail.

Overall Thoughts

These are a few things that you need to do right after surviving a truck accident. First, however, remember to file the insurance claim with proper paperwork on time. If the insurance company fails to offer a fair settlement, you must file a lawsuit. In any case, hiring an attorney will be a wise move. So, do not talk to anyone until you have your attorney right by your side.

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Uncategorized https://www.lawyerforyou.org/blog/what-should-you-do-right-after-a-truck-injury/ https://www.lawyerforyou.org/blog/what-should-you-do-right-after-a-truck-injury/ Editor Tue, 08 Mar 2022 22:41:58 -0500
Who Is Liable for a Slip and Fall Injury Sustained in a Shopping Mall? While you would never expect to encounter a slip and fall accident at a mall, the reality is that such an incident can happen to you anywhere without any warning. These accidents are a leading cause of serious physical injuries and death throughout the United States. According to statistics surrounding these types of accidents, most incidents occur at public places such as shopping malls. The public nature of a shopping mall makes it conducive for the development of unsafe conditions that can cause a person to slip or trip and fall, incurring serious physical injuries in the process.

More often than not, slip and fall accidents at shopping malls are a result from the negligence of one or more parties involved in the maintenance and daily upkeep of the property. When such an accident occurs, and it is not due to any fault of your own, it is natural to wonder what you can do to minimize its adverse financial consequences. Therefore, in this day and age, it is essential to know your rights beforehand so that you know what to do if you ever find yourself in such a situation.

Causes of Shopping Mall Slip and Fall Accidents

These accidents that occur in shopping malls tend to happen due to a multitude of safety hazards, including wet or slippery floors, freshly waxed or polished surfaces, broken stairs, spilled fluids, uneven walking surfaces or improperly situated hurdles, loose floor mats, or carpets, broken pavement, and more. Since most of these hazards can be removed with proper care and caution on the part of the shopping mall administration and/or management, most shopping mall accidents are preventable if no major safety code violations exist.

Determining Liability in Shopping Mall Slip and Fall Accidents

The determination of liability in such accidents rests on reasonable notice, which can prove or disprove negligence of the shopping mall administration and management. It means that to prove negligence on the part of the said parties, they should have had reasonable notice of the dangerous conditions and enough time to remove any safety hazards that could lead to slip and fall accidents and physical injuries in unsuspecting victims.

Similarly, reasonable caution on the part of the victim of such an accident is also expected. 'Reasonable caution' refers to the level of caution a person should practice when walking through any property, including a shopping mall. For instance, a person who slipped and fell in a shopping mall due to broken pavement is more likely to prove their case in court with ease compared to a person who tripped and fell due to a prominently placed object which would be reasonably avoided by any other person.

Shared Liability in Personal Injury Claims

Sometimes it so happens that the judge rules against both parties, citing shared liability, which means that both parties were at fault for the accident taking place. In the states where the contributory negligence law is enforced, you will receive a smaller amount as compensation for your damages, i.e., your compensation will be reduced proportionally to the percentage of your fault in the accident. This percentage of shared fault is determined by several factors that impact a slip and fall accident at a mall and vary between different states in the United States.

Hiring an Experienced Lawyer

Hiring an experienced lawyer is one of the most important steps towards securing your legal rights in the wake of a slip and fall accident. If your accident occurred at a shopping mall, you can consult a competent attorney on pursuing legal action against the parties responsible for your accident to obtain fair financial compensation for your damages.

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Uncategorized https://www.lawyerforyou.org/blog/who-is-liable-for-a-slip-and-fall-injury-sustained-in-a-shopping-mall/ https://www.lawyerforyou.org/blog/who-is-liable-for-a-slip-and-fall-injury-sustained-in-a-shopping-mall/ Editor Mon, 07 Feb 2022 22:41:01 -0500
Is It Costly To Hire A Personal Injury Attorney? If you have been harmed in an accident or as a result of another party's carelessness or crime, you have a lot on your plate right now. You may still be getting medical care for your accident-related injuries. You may be dealing with a pushy insurance claims adjuster who is putting pressure on you to accept a settlement offer for your injury claim. Furthermore, you may be unable to work as a result of your injuries, causing financial difficulty for your family.

To get yourself compensated you might require the services of a personal injury attorney, hiring a personal injury attorney can assist you in obtaining the greatest compensation for your injury claim. Your attorney will handle every part of your injury claim, relieving you from worries and allowing you to concentrate on your health and rehabilitation.

Having an attorney on your side can also help you avoid mistakes that could jeopardize your ability to receive the compensation you deserve following an accident or injury.

Now you might think of how you can afford one while you are out of work and your medical costs are piling up?

You might be shocked to know that you can hire a personal injury lawyer for free. Yes, you can retain a personal injury attorney who will try to defend your best interests without having to pay any attorneys' fees. How is this even possible?

Yes, it is possible. Let's look into the details of the costs and other charges and how they proceed.

Fees Based On Contingency

Most personal injury attorneys work on a contingency basis. This implies that they are not paid by the hour. Instead, they will charge a portion of your settlement or jury award as their only cost. If you do not win your case, you do not owe any costs to the attorney. Contingency fees make it possible for harmed individuals to get skilled legal representation.

Contingency fees are used by the best personal injury attorney in Knoxville TN  in a variety of personal injury cases, including car accidents, wrongful death claims, product liability claims, and the majority of other damage cases.

You agree to pay your attorney a portion of the amount recovered in your case when you sign a contingency fee agreement. Before you receive any compensation for your claim, the attorneys' costs are taken from the money obtained. You do not owe the attorney any money for attorneys' fees if the attorney is unable to secure compensation for your injury claim. You may, however, owe the attorney for the costs of your lawsuit.

The proportion charged for a contingency fee differs depending on the legal firm. Some lawyers may charge varying contingency fees for certain sorts of situations. If the matter proceeds to trial, the charge may alter.

The attorney that charges the lowest contingency fee may not be the ideal counsel for your injury case. Hiring a personal injury attorney on a cheap contingency fee will not help you much if the lawyer has the required expertise, knowledge, abilities, and resources to obtain the money you deserve.

In addition to a personal injury lawyer's contingency fee, consider the lawyer's:

  • Experience and abilities
  • The sorts of cases handled by the attorney
  • Good reputation
  • Success ratio
  • Experiential learning
  • Education and specialized training

Consider this critical information before selecting an attorney based on the fees the attorney charges. When it comes to hiring an attorney, you typically get what you pay for. It is to your best advantage to look for a personal injury attorney who has a high success record, has handled cases similar to yours, and has a reputation for vigorously battling for clients' best interests.

Other Expenses And Court Fees

Lawsuits are expensive. Although you are not required to pay your lawyer until you win, you will be required to pay court fees and additional expenditures, such as:

  • Postage and copying fees
  • Medical documentation
  • Exhibits in courts
  • Court's reporter's fee
  • Few for witnesses
  • Fees for filing case
  • Investigation cost
  • Trial cost
  • Evidence cost

An attorney may differ in their approach to charging you for court charges and expenses. Some attorneys may charge you for fees as they accrue. For instance, the attorney may send you a monthly bill and request payment within 30 days. Other lawyers, on the other hand, may keep note of these expenditures and subsequently subtract the amount from their fees.

It is impossible to quantify the entire cost of these charges. In general, costs will rise as the case progresses. If you have to attend a deposition, you will very certainly have to pay for the court reporter who records all the court proceedings.

Final Words

In a nutshell, you can hire a personal injury attorney for your injury claim based on contingency. That means you will pay your attorney after recovering your amount. But there are still some costs or other charges that you have to pay for your lawsuit.

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Uncategorized https://www.lawyerforyou.org/blog/is-it-costly-to-hire-a-personal-injury-attorney/ https://www.lawyerforyou.org/blog/is-it-costly-to-hire-a-personal-injury-attorney/ Editor Sun, 30 Jan 2022 23:30:40 -0500
How to Prove Driver's Destruction in a Car Accident Claim? A car accident can result in personal injuries, medical bills, lost wages, and mental stress. That said, financial responsibility falls on the shoulders of the negligent driver, depending on the laws your state follows. For instance, some states have a fault, while others follow a hybrid system. And, if you prove the driver's destruction in a car accident claim, you are most likely to get compensation from the other driver's insurance company.

On the flip side, you will experience an increase in your insurance premiums and can also be accused of the collision, resulting in criminal charges. For this reason, it's crucial to know how to prove a driver's destruction in a car accident claim for the maximum compensation possible. That said, you can provide:

Car Accident Evidence

You are recommended to stay at the scene if there are no major personal injuries. And during the meantime, you can collect as much car accident evidence as possible.

On top of it, you need to remember everything that gave rise to the car accident.

With that said, the car accident evidence can be damaged cars and other personal and property damages.

Then, once you have the evidence in place, you can provide them to the insurance adjuster to prove the driver's destruction.

Moreover, you need to analyze if the other driver was driving under the influence of alcohol or sleeping pills. As a result, you can also prove laws breaching and duty of care when dealing with the insurance company.

Police Report/Statement

When a car accident happens, the police come to the scene to document what exactly happened. They will list everything in the police report, which you can provide to your insurance adjuster to prove the driver's destruction.

For this reason, you need to provide accurate details of the pre and post-accident.

Vehicle/Property Damages

Car damages are difficult to cover, and you will have to deal with insurance companies.

Moreover, these insurance companies will also want to pay you less to avoid business loss.

With this in mind, you have to properly communicate your vehicle damages to reach a settlement, which is in your best interest.

On the other hand, vehicle/property damages are also helpful if the case leads to a lawsuit in court.

Eye Witnesses

The best evidence that can prove your innocence includes eyewitnesses who saw the scene and help you get maximum compensation.

That said, you should exchange contact details with each other so that you can reach them when necessary.

Likewise, you should photograph your personal injuries, damaged vehicle/car, and the whole scene.

All in all, following all these steps, you can prove the driver's destruction in a car accident claim. As a result, you will get the maximum compensation to pay your medical bills and ongoing care.

Need Help from a Personal Injury Lawyer?

If your accident happened in St. Louis, consult a St. Louis personal injury lawyer to see the best possible compensation options.

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Uncategorized https://www.lawyerforyou.org/blog/how-to-prove-drivers-destruction-in-a-car-accident-claim/ https://www.lawyerforyou.org/blog/how-to-prove-drivers-destruction-in-a-car-accident-claim/ Editor Thu, 20 Jan 2022 22:42:22 -0500