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How to Follow Through With a Divorce When You Don’t Know Where Your Spouse Is

My Family Attorneys on June 29, 2020

Divorce Lawyers

You want a divorce, but you aren’t sure where your spouse is. This is not an uncommon problem between married couples who want a divorce. Maybe the two of you separated and now you want a divorce but you can’t find the other person. How do you get a divorce? Is it still possible? The answer is yes, it is still possible, but you have to go through a specific process, including a diligent effort to find the other person.

What Is a Diligent Effort?

In most divorce cases, you would contact your lawyer and draw up the petition. Your spouse would receive said petition about the divorce case. Normally, the petition will go to the last address of the other spouse. If he or she does not receive it or respond, then you have to make an effort to contact him or her.

A diligent effort includes all possible efforts to locate the other person. If you still cannot locate him or her, then you can ask the court to send an Order of Notice by Publication. The Order of Notice by Publication is a notice in the local newspaper. This would be considered a legal advertisement. It remains up for about three weeks so that the other spouse has the opportunity to view it. It’s important to note that military service members often have more time to respond.

What Happens When There Isn’t a Response?

If the spouse still doesn’t respond to it, then you can still continue with the divorce. Once all diligent efforts are taken, the judge will continue with the proceedings. The case will go on as normal, simply without your spouse. If your former spouse does not show up, then the judge will make all of the decisions based on the facts of the case. In these situations, the divorce normally goes in favor of the spouse that showed up to court. Once finished, then you are legally divorced.

You can still follow through with a divorce, even if you aren’t sure where your spouse is. If you cannot find your spouse or if he or she never responds to your efforts, then you can still go through with the divorce. A professional can help you to either locate your spouse or to help come up with other options. To find out about your options, contact a family lawyer, like divorce lawyers in Arlington, TX  from Brandy Austin Law Firm, PLLC, as soon as possible for a consultation.

Protecting Your Child Against Sports Injuries

My Family Attorneys on May 28, 2020

Now that children are back in school, many parents will be spending their spare time attending sports practices and games. Recreational and school-related sports activities present a great opportunity for your child to learn about teamwork while staying physically fit and having fun. At the same time, it is important to take the necessary precautions to avoid serious and potentially life-impacting personal injuries. The following provides important information to be aware of regarding how sports injuries commonly occur and the steps you can take to ensure your child stays safe.

Sports-Related Injuries

The Centers for Disease Control and Prevention (CDC) reports that more than 2.5 million children under the age of 18 are treated in hospital emergency rooms each year as the result of sports and recreational injuries. Common types of injuries young athletes typically suffer include:

  •     Soft tissue injuries, such as muscle or tendon sprains, strains, and tears
  •     Broken bones and fractures
  •     Cuts, serious lacerations, and bruising
  •     Injuries caused by dehydration and heat exposure
  •     Back and neck injuries, including fractured vertebrae and herniated discs
  •     Spinal cord injuries
  •     Head injuries, including concussions and traumatic brain injury (TBI)

Youth sports injuries often occur when players lack the proper training, when they are not provided the proper safety equipment, or when coaches and staff do not provide enough oversight. Some sports, such as contact football, hockey, or diving, are more potentially dangerous than others, but any sport can result in injuries if the proper precautions are not in place.

Protecting Your Child During Practice or Play

Kids Health advises that there are steps parents can take to help prevent their child from being injured while playing youth sports. These include the following:

  •     Make sure the sports program they are involved in has properly licensed and trained coaches.
  •     Make sure the proper safety equipment is provided and used.
  •     Pay attention to the type of surface your child plays on. It should be made of the appropriate materials and properly maintained.
  •     In addition to instruction on the rules and training in the proper form and movements, make sure your child receives appropriate time to warm up before practice or play.
  •     Choose a program that focuses on safety, sportsmanship, and personal development, rather than one that focuses on winning or excessive competition.

Be particularly alert any time an injury does occur. Even in situations involving minor bumps or blows, players should be referred to their doctor for screening. Make sure your child is allowed the necessary amount of recovery time, and do not allow them to return to play until medically cleared to do so. 

Reach Out to Us Today for Help

When youth sports and recreational injuries occur, coaches, staff, and school administrators can be held liable for failing to follow the proper procedures or for not providing safety protections. Unfortunately, these injuries can have long term impacts on your child. If your child has suffered a brain injury – or any other type of injury – contact a brain injury lawyer in Fort Lauderdale, FL and request a consultation to see if your child might be entitled to compensation. 

 

Thanks to Needle & Ellenberg, P.A. for their insight into personal injuries and child brain injuries.

Debunking Divorce Myths

My Family Attorneys on May 28, 2020

If you’ve never been divorced before, you may have a lot of questions about the process. Do you have to go to court? Do you have to live separately before the divorce? Here are three of the most common myths debunked, when it comes to divorce

You Have to Go to Court

Not all divorces go to court. Whether you are worried about the cost or the time that divorce court takes, you may not have to go to court with your divorce. Many couples use a mediator to solve all of the different issues that spring up when you are separating from your spouse. In order to avoid court, both parties have to be amicable and willing to come to agreements.

You Can Hide Property

You know that you will have to split your assets. Some partners may decide to hide assets because they would rather not part with those assets. You never want to hide your assets. If you have specific property that you want to keep, then you can state your case for those assets. In some cases, all it takes is to be willing to give up something that your spouse wants so that you can keep the assets that matter to you. If you lie about assets, then you could end up in trouble with the court. You could be guilty of perjury for lying about your property. It is better to be honest and upfront.

You Have to Separate

A lot of people believe that they must separate before they can get a divorce. Some couples decide to go through a trial separation before they permanently separate. This simply means that the couple chooses to live apart from one another until they decide whether they want to follow through with the divorce. In some instances, trial separation might end in reconciliation.

In some states, you may not have to separate. Some states do require you to live separately for a short time before a divorce. This does not necessarily mean that you need a legal separation or a separation order. In some states, simply living apart is enough of a separation.

Every divorce is different. Your divorce is going to depend on your circumstances. If you’re worried about going to court, there are ways that you can avoid it. To learn more about divorce and the processes, contact a family lawyer, like a coronavirus uncontested divorce lawyer, in Tampa, FL, today.

 

Thank you to the experts at The Mckinney Law Group for their input into coronavirus, uncontested divorce, and the law.

Commons Questions About Your Personal Injury Claim

My Family Attorneys on May 19, 2020

Personal Injury Lawyer

A personal injury claim as a result of a car accident can be a messy situation. It may require long periods of waiting, constant back-and-forth between insurance companies, confusing state negligence laws, and numerous other factors to keep track of. In the end, you might wonder if it’s worth your time and money, or if you should take the quick settlement to get compensated now and move on. These are some of the top questions you might have moving into a potential personal injury claim and how to best handle this stressful time.

What Documents Should You Keep Through the Process?
Personal injury claims require a lot of evidence to get properly compensated for your injuries. This is because you are most likely filing the claim with the negligent driver’s insurance, and they won’t want to pay any more than they have to for your claim. To make sure they can’t cheat you out of any deserved money, you should keep track of all your medical documents and reports, including the initial checkup you received immediately following the accident, so that you can offer it as proof later. You’ll also want to keep track of police reports, photos of the accident and eyewitness statements should you need those as well.

How Do You Pay Your Bills While the Claim Is Being Processed?
Filing a claim can be a long process. The more money that’s at stake to win, the more the insurance company paying will want to double-check they’ve done all they can to lower the amount. That leaves you stuck with the bill until they come through. You can usually get your bills covered by health insurance in the meantime, and your lawyer may be able to negotiate a reimbursement for extra costs later. If you have personal injury protection coverage included in your insurance, you can file through that no matter who is at fault.

Should You Settle Early?
Settling early means getting much-needed money faster, but it’s often not advised. You may have more injuries arise later that were caused by the same crash, but you won’t be able to get money from the insurance company for them if you’ve already settled. The insurance company may also want you to settle before you’ve spoken to an attorney in attempts to underpay you.

If you feel your personal injury claim may be worth more than the insurance company is telling you, talk to a lawyer, like a personal injury lawyer Memphis, TN. They can help you decide what the proper amount is and how best to continue with your case.

Thank you to the experts at Darrell Castle & Associates for their insight into personal injuries and the law.

How an Attorney Can Assist You with a Truck Accident Claim

My Family Attorneys on April 27, 2020

Truck accidents can come with more serious risks than the typical car accident. Though there are many issues that are the same, there are also those that are much different. If you were involved in an accident with a big truck, an attorney might be the best person to assist you in the following ways.

Getting Your Claim Filed on Time

Each state has a statute of limitations, which is a timeframe for which you have to file your truck accident claim. Many states hover around two years, but your state could only be one year, and could also be up to five years. Your lawyer will understand all the timelines involved in filing a claim so you get it done on time and don’t have to forfeit the right to compensation.

Investigating the Accident

There could be hidden factors at play in your truck accident. Perhaps it seems clear where liability falls, but a deeper investigation turns up evidence that shows otherwise. Your lawyer can arrange an investigation, hire the investigators, and make sure the proper evidence is found. If he or she works on a contingency fee basis, you may not have to pay those investigative costs until settlement.

Explaining Legal Jargon

There may be some terms you won’t understand when dealing with your truck accident. For example, do you know what “hours of service rules” means? Have you ever made time to understand punitive versus economic damages? How about general or special damages? All of these things have specific meanings and they need to be understood if you want a chance at a favorable outcome.

Negotiating the Settlement

During the claims process, you may run into some situations that need to be negotiated. Perhaps the other party is trying to put partial blame on you. Perhaps the insurance company is only willing to pay a certain amount. Things can get complicated, but a lawyer could help you navigate your way through these difficult negotiations.

Preparing You for Court

If you end up going to court because the negotiations aren’t successful, your lawyer could help you prepare to fight for your rights. He or she could put together a compelling case that shows what truly happened and what you deserve to receive in compensation.

Contacting an Attorney to Move the Process Along

If you’re ready to move the process along, it’s time to contact an attorney. Call a truck accident lawyer, like a truck accident lawyer in MD, for more information.

 

Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into how an attorney can help you with a truck accident claim. 

Nursing Home Contracts and Improper Care

My Family Attorneys on April 21, 2020

Nursing home abuse is one of the most underreported crimes in the United States. The process of holding a nursing home labile for the injuries or damages received as a result of improper care or abuse is a nursing home abuse lawsuit. There are times where victims of nursing home abuse may not have a contract, however, and wonder if they are still able to file a lawsuit.

 

Liability Without a Contract

Residents of nursing homes — or their families — who are injured as a result of improper care may indeed receive compensation, even without a contract. It is the responsibility of the nursing home to provide proper care for its residents, regardless of whether or not a contract has been signed. The following are some instances that may warrant a lawsuit:

 

  • Irresponsible or negligent care or supervision
  • Hiring and retaining employees negligently
  • Improper maintenance of the property, leading to injury or death
  • Improper maintenance of any equipment 
  • Improper training of employees 

 

A nursing home owes each of its residents a duty of care. If this duty of care has been breached and has led to an injury or even a death, the nursing home can be held liable.

 

Notification of Neglect or Abuse

All states currently have systems in place for reporting accusations of abuse, exploitation, and neglect of the elderly. Once a complaint has been filed with the proper state authorities, an investigation will usually take place. This will include interviews with not only the resident but also his or her family as well as nursing home management and employees.

 

If it’s found that the allegations are warranted, Adult Protective Services will step in to provide services to the elderly person. This is meant to correct the situation and prevent it from happening again. However, there are many times where the victim’s family or the victim may not feel content or rightly recompensed for the injuries or emotional distress that occurred. Often, just transferring the resident to another facility is not enough to help cope with the physical and emotional distress of the situation.

 

In these cases, it’s best to speak with an experienced nursing home attorney about bringing a lawsuit against the nursing home. Without filing a lawsuit, adequate compensation cannot be guaranteed. Additionally, criminal prosecution may be necessary depending on the severity of the abuse. A nursing home lawyer, like a nursing home lawyer in Maryland, can help advise about the benefits of going to trial, if necessary, and what types of compensation or aid may be available.

 

Thanks to Brown Kiely LLP for their insight into how to get compensated for any kind of nursing home abuse or improper care. 

What is a “Chain Reaction” Car Accident?

My Family Attorneys on April 19, 2020

When two more cars crash into each other, this is considered a multi-vehicle accident. Typically, these occur because of a chain reaction where the last driver rear ends the person in front of them, causing that driver to then be pushed into the vehicle ahead, and so on. While these accidents can be the cause of one driver’s carelessness, it doesn’t mean that every other party is innocent. And due to the nature of chain reaction car accidents, many people (both drivers and passengers) commonly sustain injuries that require medical treatment.

I was in a “chain reaction” car accident, now what should I do?

It is important that you exchange information with every driver involved in the accident, gather witness contacts, and call police so they can file a report about what happened. If you aren’t experiencing a medical emergency, then try to get photos and videos of the scene as evidence, including elements such as debris, property damages from several angles, visible injuries, skid marks from tires, etc. If you were seriously hurt, then it is in your best interest to speak with an attorney so you can seek compensation for your losses.

Before leaving the scene, be sure to get these details from every driver:

  • Their first and last name, as written on their driver’s license or another form of identification
  • The name of their insurance carrier, policy number, and phone number to contact the insurer
  • The vehicle details, such as make, model, year, color, and VIN number
  • An address and the best way to contact each driver (more than one form of contact is preferred)

How do we know who’s fault it is? 

One of the biggest challenges with chain reaction accidents is figuring out who was at-fault. Narrowing down the cause can be difficult, and each driver is likely to not admit they were responsible, as they know how much they could be held liable in damages. Depending on the circumstances, it may be reasonable to assign the first driver who hit the car ahead of them 100% liability in the collision. However, there may be other influencing factors, such as road construction, another car accident nearby, bad weather, drunk driving, distracted driver, or road rage.

How can I pursue compensation for my injuries and damages?

You must report the chain reaction accident to your insurance company the very same day, if possible. Provide them with each driver’s information, evidence, damage to your vehicle, and descriptions of your injuries. Your insurance company will then work to hold the at-fault driver responsible. Based on your level of coverage, your car damage and medical bills may be covered.

While your insurance company is supposed to advocate for your behalf in the claim, they will also be watching out for the company’s best interest and may offer you a settlement that is much too low. If your insurance doesn’t cover all of your losses, then you may need help from a car accident lawyer in Milwaukee, WI in filing a civil lawsuit against the driver responsible for compensation.

Thanks to Hickey & Turim, SC for their insight into car accident claims and “chain reaction” car accidents.

GETTING YOUR LAWYER ON THE PHONE SHOULD BE THE FIRST THING YOU DO AFTER A CAR ACCIDENT

My Family Attorneys on April 19, 2020

A car accident might leave one traumatized and shaken up. Post car accident situation can be highly stressful, you need to call people, check on the driver and passengers of the other car and the worst is when you have to do this while enduring pain of injuries caused due to the accident. The situation will only worsen for you if the other party blames you for the accident. That is why it is absolutely important to call your lawyer first and foremost after the accident. 

Following are the reasons why getting your lawyer on the phone should be the first thing you do after a car accident: 

YOU NEED PROPER LEGAL ADVICE

The stress of a car accident is so much that it might leave you numb and confused. All the chaos tends to lead a person towards hypertension and while all this, you are required to make decisions on what just happened in a very short span of time. However, it is important to remember that these decisions are very important and can affect you in the long term. 

This is where the lawyer steps in, he or she will guide you and give you legal advice on what you should say to the police, what evidence you should collect immediately and how to make it impossible for the other person to blame you for the accident. Your lawyer will be that sane voice in the hour of need who will guide you on how to talk to the insurance company and what to tell them exactly. 

It is important to remember that your lawyer knows how things work in your country/city and what to do exactly in this situation. If you are injured then the lawyers can handle everything for you while you take care of yourself and rest up. 

THE LAWYER WANTS WHAT IS BEST IN YOUR INTEREST

It is important to remember that the lawyer wants what is best in your interest. On the other hand, we cannot guarantee you the same about your insurance company. When you want to claim your car accident insurance, they might offer you a settlement lower than what you actually deserve, they might be doing so only for the sake of maintaining their profits. In this case your lawyer will ensure that you get exactly what you deserve. The job of your lawyer is to protect your rights and to work in YOUR favor. So, if the insurance company is offering you a low settlement, or the police reports are suspicious, your lawyer will be able to pin point it and handle the situation himself. 

SPEED UP THE SETTLEMENT

After a car accident, a lot of things need to be done, car repair expenses, medical expenses if there are injuries or even arrangements for the funeral if the accident was this severe. For all this you need financial settlement and the lawyer will help you in this process and get it done quicker and faster. 

That is why it is important to call your car accident lawyer in Kansas City, MO first thing after the accident because you need all the legal advice you can get in order to make wise and sound decisions. 

Thanks to Royce Injury Attorneys, LLC for their insight into personal injury claims and car accident injuries.

Black Box Warnings and Medication Errors

My Family Attorneys on April 19, 2020

A medical malpractice lawyer will frequently investigate cases involving severe personal injury or wrongful death resulting from a medication error.  Medication errors include mislabeled prescriptions, wrong prescriptions, wrong dose, overdose, misfilled prescriptions, and wrong medication.  In addition, serious injury can occur from side effects of medications.  Almost every drug carries side effects that can result in serious harm.  Drug manufacturers prepare a package insert that includes key information about the drug, including side effects, uses, dosage limits, contraindications and drug interactions.  Some package inserts include a black box warning which is meant to alert pharmacists and doctors about life threatening risks of a particular medication.

Lawyers who sue drug manufacturers over dangerous drugs recognize that black box warnings are not intended for patients, but are meant to drive profits higher for the pharmaceutical industry.  Prescription bottles do not carry black box warnings or symbols alerting patients to hazards associated with the medication.  Likewise, pills are not color coded in any way to alert patients about their dangers.  Instead, the black box warning is included on the package insert so that pharmaceutical companies can claim that they have warned about dangers associated with the medication and wash their hands of any accountability for harm caused by the medication.  Pharmaceutical companies point the finger at physicians who, as learned intermediaries, fail to warn the patient or prescribe different medicines that will not result in serious harm or a medication-related fatality.  

Generally, drug makers do not like to include black box warnings on the package inserts because they discourage physicians from prescribing that medication.  However, litigation costs associated with dangerous drugs can drive manufacturers to post black box warnings.  You will often read that a particular drug manufacturer’s stock price will rise when they resolve litigation arising out of a dangerous drug.  Investors seek stability in their investments.  When a major class action lawsuit is settled, and a black box warning issued, no further lawsuits will arise out of that dangerous medication because a warning has been issued.  At no time is the patient’s safety taken into consideration.  It is all about profits.

Since the black box warnings shift the burden to physicians to warn their patients about dangers associated with a medication, a medical malpractice lawyer will focus on the doctor’s negligence or a pharmacist’s negligence when a patient is seriously injured by, or dies as a result of, a particular medication.  Pharmacy liability can arise from failure to warn patients about dangerous prescription interactions or dangerous doses.  

The battle over black box warnings can be seen on the website for groups like Parents United for Pharmaceutical Safety and Accountability.  This group exists because even children are targeted by pharmaceutical companies seeking to maximize their profits through the sale of unsafe drugs.  

If you have questions about a pharmacy error or other medication error, contact an experienced medical negligence lawyer in Cleveland, OH.   

Thanks to Mishkind & Kulwicki Law Co. for their insight into medical malpractice claims and warning labels.

What are common allowable tax credits and deductions for individuals and businesses?

My Family Attorneys on April 12, 2020

Individuals or married couples can be eligible for diverse tax credits, including:

  • Child and Dependent Care Credit. Congress created this credit to help people struggling with expenses related to caring for dependents. The child and dependent care credit doubled from 2017 to 2018.
  • Lifetime Learning Credit. The purpose of this credit is to use tax relief to encourage education. Qualifying students can get credits worth up to $2,000 to pursue undergraduate degrees, advanced degrees, and some non-formal degrees.
  • Mortgage Interest, Homeowners can deduct their mortgage interest for both their primary home and any home equity lines (up to $1,000,000 for single individuals and $500,000 for married individuals filing separately), if those lines are used to improve the home. The amount you can deduct depends on your income bracket.
  • Medical Expenses. People can only deduct medical expenses when these costs are over 7.5% of their adjusted gross income.
  • IRA Deductions. Individual Retirement Arrangements, call IRAs, allow people to put aside money for retirement. Depending on the situation, contributors may be able to deduct some of all of those funds.

This list obviously just scratches the surface. Speak with an experienced accountant or tax attorney to learn which deductions you qualify to get.

Businesses and corporations an also qualify for many tax credits, including:

  • Work Opportunity Expense Credits. The government offers these credits to businesses that hire staff who have traditionally faced barriers to job security (e.g. veterans). These credits are calculated in accordance with the wages paid to staff and they can add up to $4,500 in savings annually.
  • Rehabilitation, Energy and Reforestation Credits. Companies making investments in reforestation and alternative energy procedures can qualify for a tax credit for 10% of expenses. This is typically limited to $10,000 annually.
  • Small Business Healthcare Credit. If your small business employs fewer than 25 full-time employees and pays at least half of their health insurance premiums, then you may be able to use this deduction.
  • Retirement Plan Startup Credit. Small businesses that establish retirement plans may be eligible for a credit if they don’t have more than 100 employees and haven’t had a qualified retirement plan during the three years previous to the new plan.
  • Disability Access Credit. Per the Americans with Disabilities Act (ADA), all businesses must be accessible to people with disabilities. If your business has made accommodations for the disabled, the costs of those additions may be deductible.

Depending on your business’s size and industry, there may be further deductions. Discuss the details with a qualified tax law attorney to clarify what you can claim.

If you have questions about estate planning and taxes, call an estate planning attorney, like an Estate Planning Lawyer Belgrade, MT, today.

Thank you to Joel Silverman, Attorney and Author, and the experts at Silverman Law Office, PLLC, for their insight and expertise in estate planning and tax implications.