Tag Archives: law

Questions and Answers when Finding the Right Auto Injury Attorney

Person hurt after car accidentInjury from auto accidents can happen to anyone. If it did happen to you, you’ll need to get the right legal representation to guide you through your case. Keep these questions in mind, since they can guide you in finding the right accident attorney for your needs. Most importantly, do take the courage to ask them when making your final selection.

How Experienced Are You?

It is always a plus to hire a lawyer that has a long, successful history. You would want a professional who has handled plenty of similar cases to yours beforehand with good results to add to his merits. Don’t just choose any auto injury attorney in Denver without finding more about his and his legal office’s expertise, history, and past cases.

Are You Within My Jurisdiction?

One advantage that is essential in winning any court battle is having a legal counsel that knows the local state laws like the back of his hand. That way, you’ll know the right processes, documents, and laws without worrying about doing anything that can put your case at risk. With an expert representative who knows the local court system and is familiar with how it works, you can increase your chances of a favorable outcome.

How Do Your Clients View You?

Your attorney’s reputation is always backed up with his former and present clients’ feedback. Research on how he handles his clientele before, during and after the legal battle. Someone who has an excellent track record and hails from a reputable law firm can boost your chances of getting the result you desire. While this may potentially cost more, you can always negotiate prices and even then, you should never skimp on quality services.

Asking the right questions will give you the information you need to make the right decision. By finding the best choice that suits you and your needs, you can rest easy knowing your case is in good hands. Of course, remember that you also need to follow your chosen lawyer’s advice so the respect and trust should still go both ways.

Getting a Divorce: What Happens to Your Joint Insurance Policy?

a couple arguing in front of a lawyerThe entire process of getting a divorce could take months to finish, and often, divorcing couples find it extremely hard to work with each other through issues during this time. For instance, some spouses want to cancel or modify their joint insurance policy during the divorce proceedings since they want to change beneficiaries or don’t want to keep paying for it. While laws differ from one state to another, it’s illegal in most states to cancel joint insurance policies or modify them until the divorce has been finalized.

General court rules on joint insurance policies​

Some states prohibit the cancellation of a joint insurance policy when a divorce is pending. For instance, some states require that divorcing couples file their divorce pleadings along with a certification stating that they didn’t change their insurance within a predetermined time frame before filing for divorce, explains a top divorce attorney in Lynnwood.

Likewise, in some states, once a spouse files divorce, the court would send out automatic restraining orders to keep divorcing couples from conducting specific administrative or financial actions, but not physical contact as is with common restraining orders. While the specific language in the orders differs, they typically include issues with assets, including insurance policies such as health and life insurance.

Also, select life insurance plans have cash value, and courts usually consider this as marital property. This means that it would be up to the court to divide it during the divorce.

What about after the divorce?​

It’s usually up to the divorced couple whether to continue their joint insurance policies. In some cases though, the court might order them to continue or get separate life insurance policies post-divorce. The insurance plan could help the paying spouse with child support and alimony payments, as well as provide a financial cushion in the event of the paying spouse passes away. However, if the paying spouse terminates a court-order insurance plan after divorcing, the receiving spouse could get help from the court to reinforce it.

Child Custody Battles: Does the Child’s Wishes Come into Play?

Parents arguing behind childWhen courts deliberate on child custody arrangements, they take into account the specific circumstances of every case. Their main goal is to ensure that the arrangement upholds the best interests of the child. In some cases, however, the court would likewise take into account the wishes of the child.

Weight of the Child’s Wishes

For courts to consider the wishes of the child, the child should mature enough to express and formulate his or her opinion and specific requests regarding custody. The extent to which the court would take into consideration these wishes would be determined by the particular circumstances of the child custody case.

What you, as a parent, need to remember is that the court would always prioritize your child’s best interests. For instance, the judge might disregard a child’s wish to stay with a parent who is a habitual drunk or substance abuser.

When Abuse Comes into Play

Conversely, a child might not want to stay with an abusive parent, particularly if the child was the victim or if he or she has witnessed the abuse at home. Also, the wishes of the child might influence the court’s decision if he or she has a preference to live with a parent with whom the child’s other siblings live with.

Do note however that some states have laws about the wishes of children when determining custody arrangements. You can get help from an experienced family law attorney in Denver, CO such as Miller & Steiert, P.C.

Plenty of states follow the rule that allows a child to decide which parent he or she wants to live with upon reaching a certain age. If the state hasn’t established such a law, courts will take into account the child’s wishes at their discretion.

Seeking Legal Help

As mentioned above, the court would consider many different factors when determining child custody orders. In some cases, the court would follow the child’s wishes, but not in others.

That said, it’s in your child’s best interest, and yours, to work with an experienced family lawyer when you present your case to make certain that the court’s final custody arrangement would champion the rights of your child.

How to Divorce a Narcissistic Spouse

Woman needs to divorce a narcissisticHaving a spouse who’s a certified narcissist could be tough for anyone to handle. Add divorce to the mix and you could be in for the battle of your lifetime.

What Exactly is Narcissistic Personality Disorder

When a person has a narcissistic personality disorder, they have an overly exaggerated sense of importance, lacks empathy towards others, and seeks a deep need to be admired. However, behind the person’s facade of extreme self-confidence lies a delicate self-esteem that is immensely susceptible to the slightest reproach or criticism.

Narcissists are specialists at reworking reality to suit their particular needs and making other people agree with their beliefs and desires. They’re incapable of taking responsibility for their actions or seeing their imperfections because they do think that they’re perfect and are highly evolved than everyone else around them. If your spouse is a narcissist, you probably know that even the slightest hint of disbelief to his or her distorted version of things could turn into a full-blown fight that you can’t win, ever.

Getting a Divorce

Ending your marriage could be a problem, especially if you’ve been with your spouse for many years and if you have children together. As narcissists are masters of deceit and projection, you’ve probably been suffering from your spouse’s projection of their own negative and false truths your whole married life. This is an extremely challenging cycle to break because you probably believed or might still believe that you’re the one who’s broken and you’re the one with the mental issues.

Once you have finally decided to get divorced, you have to figure out your emotions and stop reacting to your spouse’s taunts since this would only empower them to push your buttons and make you feel that you’re in the wrong. It’s also critical to note that you need to be ready for your spouse’s reaction because you will be met with rage since they will believe that you’re essentially trying to take control of your relationship.

With this in mind, bear your and your children’s safety in mind. This is because your spouse might even see your children as the enemy and themselves as the victim, warns a number of prominent divorce lawyers in Albuquerque.

Remember that narcissists are only capable of looking after their own best interests. Before you do anything, seek guidance from an experienced lawyer to learn how you could safely go about your plan to divorce your narcissistic spouse.

When Divorcing is for Your Children’s Best Interests

wife and husband doodles in divorce process concept broken relationshipsChildren, contrary to popular belief, are sensitive to their environment, especially at home. This means that they can quickly sense animosity between their parents and can detect anger, unhappiness, dissatisfaction, and other negative emotions — regardless of how hard their parents try to hide these. What’s more concerning, though, is that kids can grow up imitating what they see in adults, particularly their parents, and apply similar behaviors in their own future relationships.

All these bring to question one of the most common dilemmas in a divorce: Should they stick it out or push through with dissolving their marriage?

No abuse or violence, just unhappiness

Constant disagreements, angry fights, door slamming, voice raising, tearful nights — these are all common in an unhappy marriage. While there may be no abuse nor violence happening, the unhappy emotions will exude and make themselves apparent to your kids. Even when they’re too young to understand where these all stem from, they will feel it and it can place a huge toll on their emotional and psychological health.

In other words, it’s just as unhealthy for them as it’s unhealthy for you and your spouse to stay unhappily married — especially when the above-mentioned situations always take place.

Ending the marriage can make a huge difference to everyone’s well-being

Dissolving your marriage doesn’t mean the end of a great and happy childhood for your kids. Of course, you still want to make sure that you hire one of the more experienced divorce lawyers in Boulder, CO to prepare for possible custody disagreements.

As long as you and your spouse come to an agreement that your marriage has fallen down the lane, and that staying together will just lead to a never-ending cycle of fights, then a divorce may already be the wisest step to take.

 

Why Set Up a Family Trust: The Top 5 Benefits

Banking Savings Funds Planning Finance Money ConceptFamily trusts have been gaining steam these past years, and why not? It’s an entirely legal way to safeguard your assets for you and your loved ones. Your assets would be owned by the family trust instead of an individual and would be managed by trustees — whom you’ll appoint — for your beneficiaries. What other benefits could a family trust offer? Here are some of them:

  • Legal Asset Protection – You could use a family trust for protecting your assets in the event of a claim against you or if your business fails. You could hold real estate, your business, as well as other investments in your trust.
  • Protection Against Remarriage After Death of Your Spouse or Partner – Currently, the law allows even a de facto partner the right to claim assets even only after three years into the relationship. Having a family trust would safeguard your assets from failed remarriages or relationships following the death or a partner or spouse. This is especially useful in cases involving second marriages or relationships wherein one party isn’t the biological parent of the children.
  • Healthcare Safeguards – A well-structured trust, provided that it’s been established for a certain time could likewise protect family assets in the event of health breakdowns, especially later in life, in which the state might impose that you get rid of your assets to be eligible for healthcare, explains Rainey Collins Lawyers and other renowned family trust lawyers.
  • Asset Protection from Prospective Law Changes in the Future – A properly structured family trust could offer significant protection from a wide array of wealth tax types that might be passed into law in the future like inheritance tax or death duties.
  • Imprudent Investments – A family trust could safeguard your family from falling prey to scams or financial predators and squandering assets prior to them reaching maturity or obtaining ample life experiences to make rational financial decisions.

Advance planning is the key to financial freedom and success, and having a well-structured family trust is only one of the many ways you could help secure your family’s future. Keep in mind that when you do set up a family trust, it must be structured in a way that meets your specific goals.

Changes in the Medical Malpractice Bill

Medical malpractice form and a gavelNo matter how skilled the doctor, some operations still go awry. There are several factors that contribute to this, but when you’re a grieving spouse, parent, or child, you want justice served. Medical malpractice cases have become such a burden that it’s listed as the top reason not to pursue a degree in the field. This means fewer doctors in the future if things don’t change.

Valid Claims

It’s easy enough to lawyer up and accuse a doctor of medical malpractice. A doctor can also easily find representation in Springfield, Illinois, because of the number of medical malpractice attorneys in the area. However, it’s worth noting that not all claims of malpractice even make it to court. This is because there is not enough evidence to go past before trial, meaning the claims are not substantiated enough. For doctors, the time and money spent on lawyers are unnecessary expenses.

Mitigating Operating Costs

Operating a clinic is expensive enough. Adding medical malpractice lawsuit costs on top of that puts a strain on a physician’s finances, which means they need to hike up the cost of their professional services. As they are getting the bulk of their income from patient consultations, this means patients will have to shell out higher costs for the same services. This isn’t to say that the government wants to do away with the complaints and just sweep them under the rug. Valid ones still need to be given the attention they deserve; those that do not fit the recently changed statute of limitations, however, will no longer be entertained. The healthcare bill also limits the fees a lawyer can charge for handling a case.

Changes in the medical malpractice bill aim to protect physicians from undue costs and patients from increased health care prices. If you look at it the right way, it makes sense.

Understanding the Job of Colorado Estate Planning Lawyers

A Group pf Lawyers

Many people are not comfortable with the idea of planning for their death. However, it is necessary if you want to secure your loved ones’ future in case of your untimely demise.

Colorado estate planning lawyers can make sure that your plans are carried out properly. Here’s how your lawyer can help:

Creating Wills

If you don’t have a will, your attorney can help draft one for you. If you created a will without your estate planning lawyer’s assistance, it is best that you have it reviewed by an attorney to make sure it is valid, duly signed and witnessed by qualified individuals. Likewise, your lawyer can help in updating your will to reflect the changes that have become necessary over time.

Probating Wills

Upon your demise, dealing with your estate becomes the responsibility of the surviving members of your family. If you named an executor in the will, he or she acts as your representative and administrator of your estate. If the executor’s role is challenged in court, Colorado estate planning lawyers can provide legal help and court representation.

If you die without a will (intestate), the state will decide on the distribution of your assets. The entire process can be long, complicated, and stressful. Thus, it would be a sound idea to create your will with the help of a lawyer. This way, when the time comes, the probate process will be smooth and convenient for all parties concerned.

Creating Trusts

By definition, a trust gives control to a third party (trustee) over an asset. The asset is held on behalf of the legal beneficiary. Some people opt to create a living trust to do away with the probate process. By creating trusts, you can safeguard your legacy, control your wealth, and enjoy some semblance of privacy that would otherwise not happen with probate.

Since the assets in trusts do not go through probate, you can save on time and related fees, and in some cases, on real estate taxes as well. Consult your lawyer on the best type of trust for you.

Planning for the future of the loved ones you will leave behind is best done now. Make sure that your plans will be carried out with the help of an estate planning lawyer.

Make Divorce Mediation Easy

DivorceDivorce can be a daunting time for couples who seem to not agree on anything. Mediation is one way to settle things amicably. This process is easier, as it reduces the stress your children have to undergo during the Long Island divorce process. And you also get to save money during the process.

Being a voluntary process, Divorceattorneyinlongisland.com says mediation is a choice. Neither party can be forced into it, making it different from the formal litigation process. Here are some great communication tips that will make the process easier.

Agree to mediate

Divorce mediation is a voluntary process, and the only way to get through it is to first agree to go through this in good faith. This doesn’t mean you have to be cool buddies. But you should be able to have a meaningful conversation about the process.

You can discuss this with your spouse over email or phone. Both parties must agree to go into this wholeheartedly. Deciding and preparing will better equip you with knowledge on how to commit to the sessions and how the process will work.

Decide on your goals

After you’ve decided to go through divorce mediation, decide what your goals are. Do you wish to share the parenting process? HelpGuide.org says this is a child-centric approach.

Do you wish to retire at a certain age, or are you more focused on getting emotional and financial stability? Knowing your goals makes the communication process easier, as you’re able to speak up for yourself.

Hire an experienced mediator

Virtually anyone can pretend to act as a mediator and take your money without any training. In Long Island, divorce attorneys can act as a mediator. Check to see if your attorney has been trained in mediation.

A mediator helps discuss the various problems at hand. Be sure not to focus just on your own needs; try to find a balance.

If you think divorce mediation is a better option than the common litigation process, talk to the other party about it.

Honey, I’m Leaving You: Breaking the News of Divorce to Your Husband

Divorce lawyer in ProvoIt’s been years since you’ve been unhappy with your marriage. You’ve done some counselling in an effort save your relationship, and compromised a lot, hoping that you can bring things back the way they used to be. The sad part is, they didn’t work, and you’re thinking of getting a divorce and leaving your husband.

When you’ve finally reached a decision, breaking the news to your partner may seem the hardest thing to do. Besides, it may mean hurting your family, kids, and husband, and ending what was once beautiful. While this may seem difficult and heartbreaking, you also know that you have to say it.

Buhlerlawoffice.com’s divorce lawyer in Provo offers a few suggestions on telling your husband you want a divorce.

Be Kind and Gentle

When you’re ready to break the news, be gentle and kind as possible. You can begin by saying, “I know it’s hard for you, but I think our marriage is falling apart…” Don’t blame your spouse for what has happened in your relationship. It is always advisable to part in a kind and respectful way to make the divorce process go in a less stressful way.

Find the Right Time

Timing is everything when bringing up the topic of divorce. Consider telling the news when you’re calm and when both of you have a personal time together. It is best to state your feelings about the relationship and avoid letting negative emotions take you over. Make sure to tell your fears and sorrow about breaking the news.

Keep Safe

If you think that your husband will accept the news in a negative way, you may consider breaking the news in front of another person like a psychologist or therapist. You may also talk about the divorce in a public place where other people will be around you. It is best to look for ways to promote mutual understanding and reduce anger.

When you finally break the news, get ready for a long discussion. If your husband is not ready for divorce, he may do some convincing or even express his disappointment and anger. The best thing you can do is to act rational or get help from a divorce attorney or therapist.