Understanding Social Media Use During A Divorce

A Colorado divorce lawyer understands that many people use social media as an outlet to express their thoughts and opinions, as well as keep in touch with friends and family. But one of the things that divorce lawyers often advise their clients is to use extreme caution when posting on social media while their divorce is pending.

Do courts review a person’s social media activity during the divorce process?

During a divorce, all aspects of a couple’s life are scrutinized by the court, especially if the couple is also involved in a child custody dispute. Not only can opposing parties use evidence they find online, but witnesses, such as a guardian ad litem, may also access each of the parent’s social media accounts while conducting their custody evaluation. The information posted on Facebook and other social sites, whether it be posted by an individual involved in a divorce or a third party, can often be cast in a negative light during divorce proceedings.

How can what someone else posts on their social media account harm my divorce case?

Divorcing couples need to understand that the potential damage caused by sites like Facebook extends far beyond the information that they themselves are posting. Family members, friends, or even complete strangers can post information online that may drastically impact divorce proceedings. For example, an innocent photo of one spouse at a bar with a drink in hand can lead to the suggestion by the opposing side that said spouse is an out-of-control drinker and should not be granted custody of his or her children.

Do divorce lawyers use social media sites in preparing their cases?

 A skilled Colorado divorce lawyer should fully understand basic social media concepts and should be able to advise clients on how to effectively manage online social networks. For example, a savvy lawyer will understand the difference between Electronically Stored Information (ESI) and traditional paper documentation and that there are different laws regarding how ESI is preserved.

What are some ways Facebook or other social media accounts can be used for my benefit in my divorce?

A knowledgeable lawyer will not only advise his or her client on how to properly utilize Facebook and other social sites but he or she will also advise on how to use social media to the client’s best advantage. Facebook is often a source of information that can also be used to support a variety of claims. Facebook posts can identify instances where marital property is misused, can provide evidence for alleged affairs, or can determine whether parents are suitable guardians for their children during custody hearings.

Contact Our Office Today

Social media is a powerful tool that can be used to one’s advantage; however, it can also be a potential liability. To learn more about how social media should be managed during your separation or divorce proceedings please contact Zweig Law, PC to schedule a free consultation with a skilled Colorado divorce lawyer.

Why You Need to Hire a Personal Injury Lawyer 

Accidents that cause physical damage, can impact an individual in many ways. Some examples include slipping and falling onto hard floors, slipping on ice, and even getting into severe car crashes that can cause back pain, whiplash, permanent damage, and more  For example; I there are people who have gotten into such a severe car crashes, that they are still having back pain years later, even when their back has been assessed time and time again. Moreover, accidents can also cause severe trauma, such as fear of driving, or engaging in an activity that puts someone at risk of suffering the same injury.  As such, when someone experiences such injuries, it is important for one to hire a personal injury lawyer. 

Some of the Responsibilities of a Personal Injury Lawyer 

What an attorney can do is help to assess the situation, pertaining to how the injury happened, why it happened, as well as the mental and/or physical severity that was suffered, due to the accident.  From there, the best course of action can be taken, in relation to the compensation that one will get. Moreover, a lawyer can assist in helping people take action, as they can further assess the situation, from an in depth perspective as well.

A personal injury lawyer will try to ensure that one not only gets compensation for physical and/or mental damage, but they also want to ensure that medical malpractice is fought against. This is for those who may need medical treatment and assistance, for operations that are needed, due to the severity of a personal injury, that some suffered.. 

Moreover, a personal injury lawyer also accounts for injuries and accidents that took place on someone else’s property. An example of this, would be suffering from the inhalation of toxic chemicals, or suffering injury, from a dog bite. In other words, while the company does focus on personal injuries, there is a branching out of other aspects as well. If you are interested in learning more about a personal injury law firm, like Yearin Law Office, please set up a consultation to learn more. 

Children Personal Injury Cases

Personal Injury Lawyer

Personal injury cases arising from accidents in an event that involve adults most often, what happens if a child is injured or has caused someone injury? This is a great question to ask her personal injury lawyers. 

Injuries to Children

Accidents happen in any pair is going to tell you that, however, certain injuries to a child may result in a personal injury claim when someone else’s child is careless or somebody else’s careless in this place apart in an injury the child receives. This could look like a school being liable for injuries to children if the child is injured during the school day in a school teacher’s care.

The procedure to receive compensation for a minor, which in most states means the child is under the age of 18, varies from state to state so you should talk to your personal injury lawyer in your state to ensure that you understand the procedure you are going to go through. In general, a child has the exact same right to compensate for the same spectrum of damages that a personal injury claimant filed by an adult may have. 

This means that if your child is injured, they may be eligible to receive payment for pain and suffering, permanent injury or disability, emotional distress and more. Furthermore, a parent has the right to be compensated for the medical bills that were paid on behalf of the child if somebody was legally negligent and led to the child’s injury, which required medical care.

A child does not negotiate a settlement for a personal injury claim, their parent is permitted to negotiate on behalf of the child, or the parent may hire a personal injury lawyer to do so. In a few states, the parent has to get the approval of the judge for the child’s claim can be settled, and this process is usually short and straightforward and involves nothing more than filling out a simple form and filing at the court. However, when you are settling with an insurance company on behalf of the child, the insurance company might put up with it, or they might cause problems. If they cause problems or personal injury lawyers going to be the best person is not true because your personal injury lawyer has experience in going with the insurance company.

Accidents Caused by Children

What happens when a child causes an accident that they are legally liable for? Legal liability for accidents that are caused by minors is based on the same notion of carelessness as an adult may receive after they have caused an accident; however, the same standard of care cannot be expected of a minor. Particularly, young children do not understand the risks of their actions and how it can affect other people in the same way that adults can. So when it comes to a child causing an accident being negligent, the law is going to apply different standards to different age groups to decide if the child is liable for causing injury to another person.

Your personal injury lawyer can tell you more. However, generally children under seven years old are not held liable for accidental injuries that they cause, because they are deemed to be too young to understand. However, the parents or legal guardians may be held liable because they were unable to control their seven-year-old or below child. However, once a child is old enough to know right from wrong, they can be held responsible for intentional injuries that they cause, so if your child intentionally injures somebody else’s child, they can be held liable as well as their parents.

Older children are also held liable for negligence, especially if they did not behave as measured by what children of the same age group would’ve understood, and once children have become teenagers, they are held to pretty much the same standard as adults.

Using Cellphone while Driving is a Bad Practice

Nowadays, using cell phones while driving is one of the most common bad practices. Distractors while driving and inside cars are diverse, but the most common and risky is using cell phones. The World Health Organization (WHO) points out that using cell phones while driving increases the risk of causing an accident or being involved in one by four times. The distraction produced by the use of cell phones reduces drivers’ ability to react in case of unexpected events.

Why do drivers use cell phones while driving?

In modern days, most adult drivers use their cell phones while driving either as a distraction or for road guidance. Regardless of the purpose, cell phones create a distraction resulting in drivers taking their eyes off the road for a few seconds. Some of the most common uses of cell phones by drivers are: 

• Phone Calls. Telephone calls are more frequent in cars than in conventional places like home or office. Although calls are generally hands-free, which is legally allowed under restrictions in the United States, the drivers are distracted while talking on the phone and especially when placing a call.
• Text Messages. Receiving, reading, and sending text messages; is one of the riskiest distractions when driving. Not only because drivers’ minds stray away from the road but also their sight, which leads to so-called blind driving.
• GPS Use. Most drivers use their cell phones to access GPS applications for directions, traffic jams, information about closed roads, or alternative routes. When drivers decide to change their GPS set up in the middle of their trip, they rarely stop at a safe are to change their GPS directions. 
• Selfies, photos, and videos. Drivers often take pictures or videos of everything that calls their attention. Then share them immediately, which is a critical distractor when driving and one of the most irresponsible practices.
• Listening to music, podcasts, or audiobooks. Listening to one-way communication media is a mild distraction since drivers do not have major interaction with their cell phones.

Cell phone use and reduced senses while driving

The University of Iowa conducted a study that demonstrates that users’ vision narrows whenever they are making a call, this is also true when they do so while driving. The brain blocks side and rear vision, while only focusing on a tunnel of vision, which alarmingly reduces drivers’ awareness and reaction time when encountering a situation that could lead to an accident. In turn, the Institute of Advanced Motorists points out that responding to messages on social networks reduces drivers’ reaction capacity by almost 38%. To control the use of devices, the government implemented new laws that prohibit or limit the use of mobile devices that might require to be hand-held or touched while driving a motor vehicle.

Cell phone fines in the State of California

California banned cell phone use while driving; the initiative of this law and its continuous modifications is due to the increase of automobile accidents for this reason.

• The law prohibits the use of hand-held cell phones by all drivers. 
• The law allows the use of cell phones by adults in hands-free mode.
• The law prohibits the use of cell phones in hands-free mode to those under 18 years of age.
• In all cases and at all ages, it prohibits the use of instant messaging while driving.

Fine amounts vary depending on the incident and its severity. These can range from $20 to more than $ 250. However, in some cases, drivers could get arrested for negligent use of cell phones while driving based on the mobile phone law enforcement.

If you or a family member has been involved in an accident due to the use of cell phones while driving, either by you or the other driver, it is necessary to contact a car accident attorney. A car accident lawyer from our friends of  Unidos Legales will provide guidance and advice on how to handle your case. Remember that using your cell phone while driving is a negligent act, protect yourself and your loved ones.

FAQs for Your Wrongful Death Case

Filing a Wrongful Death Lawsuit: 4 Questions for Your Attorney

When a loved one dies due to some else’s negligence, it can shatter your world. Along with the sorrow you feel, you might be overwhelmed with medical and funerary costs, which could total thousands of dollars. While your loved one might be gone, filing a wrongful death lawsuit may help you recover financially, and there are a few questions you can ask your lawyer to help you feel more confident as the process moves ahead. 

1. Am I Eligible to Sue?

Most states allow close relatives of the deceased to sue on his or her behalf. The representative of the estate may bring a lawsuit, so if you are that appointed person, you can probably proceed with the lawsuit. If you are not, you may be able to petition the court to bring the suit if you are the deceased’s spouse, the parent, or adult child. Otherwise, the court may appoint a beneficiary of the estate as the plaintiff. 

2. What Is the Case Worth?

It may be difficult to place a dollar amount on the worth of your loved one’s life, which you no doubt considered priceless, but this is necessary as part of the lawsuit process. Your attorney can help place this value by considering several different types of financial loss you suffered, both present and future, such as: 

• Loss of wages/financial support 
• Loss of companionship 
• Funeral/burial expenses 

Most states allow for these circumstances, and your attorney will likely notify you of which he or she can include in the lawsuit. 

3. Is There a Time Limit to File a Claim?

Many states allow two years from the time of death to file a wrongful death lawsuit and recover any financial award. There are a few exceptions to this rule, however, such as if your loved one died as the result of a homicide, as most states allow additional time for investigation and apprehension of those responsible. If the death occurred due to medical malpractice, the court may allow more time for an in-depth investigation to ensure the lawsuit is viable. 

4. How Long Does the Process Take?

Because of the overall nature of a wrongful death case, it can take anywhere from one to five years to settle the matter. This depends on a variety of factors, from the complexity of the circumstances of your loved one’s death to spending time in court. 

Losing someone you love due to someone else’s negligence can change your life forever, but you do not have to face the future alone. Contact a wrongful death lawyer, today for further assistance and information. 

Different Types of Wrongful Deaths

When we lose a loved one, the pain and suffering are devastating. It takes time to process the fact that a person will no longer be in our lives. The emotional detachment is slow and is part of the mourning and acceptance process. In addition to processing the death of a loved one, knowing that their death was due to negligence that could have been avoided is more devastating. Feelings of helplessness, sadness, anger, emotional exhaustion, and depression often emerge from these situations.

If you lost a loved one due to someone else’s negligence, it is recommended to contact a wrongful death lawyer as soon as possible to get the legal guidance your family needs. With professional handling of the legal process, you can focus on your emotional recovery.

Wrongful deaths occur under different circumstances:

Wrongful death as a result of medical malpractice. Medical errors are one of the most common causes of wrongful deaths in the United States. The death of a patient due to medical negligence includes misdiagnosis, lack of timely medical care, erroneous operations, inadequate treatment, lack of recommended care for the patient, among others.

Wrongful death as a result of motor vehicle driver’s negligence. Drivers who produce accidents due to negligent behavior such as: driving under the influence of alcohol or drugs, driving tired or drowsy, using electronic devices and mobile phones while driving, not respecting traffic signs, carelessly passing or obstructing lanes, and speeding are some of the most common negligent behaviors involving wrongful death.

Wrongful death as a result of unfavorable working conditions. These types of wrongful deaths are the result of bad practices by companies or direct bosses. The death of workers can be the result of carrying out risky activities without the appropriate personal protective equipment, lack of training on accident prevention measures, facilities in poor condition, lack of emergency exits, lack of fire extinguishers, or other means of occupational safety and hygiene hazards. Companies should believe that employees’ safety is what matters the most in the workplace.

Wrongful deaths as a result of unfavorable road conditions. These types of wrongful deaths occur due to a lack of preventive and corrective maintenance on public or private roads. A road in bad conditions can cause fatal falls and slips, the impact of objects, visual obstruction that causes run-over, or fatal blows.

Wrongful deaths as a result of third-party negligence. These types of wrongful deaths are caused by a third party such as a business or an individual, whose knowingly or unknowingly negligence caused the death of a person or an employee.

Different circumstances can lead us to believe that the death of our loved ones was the result of negligence. However, these cases are complicated and require the help of a professional lawyer.

If you need legal advice or have questions about how to file a lawsuit for wrongful death, do not hesitate to contact an experienced wrongful death lawyer from our friends at Unidos Legales. Call today to schedule a case evaluation.

I’m The Victim of a Car Accident

Car accidents are scary for everyone involved. Not only are they extremely expensive, as vehicles typically cost a lot to maintain, but they can also cause terrible injuries that can sometimes be lifelong. You need to know what to do if you ever find yourself the victim of a car accident. The first step to take will always be contacting a car accident lawyer,for immediate assistance. 

Do Not Speak with Anyone without the Presence of a Lawyer

You need to protect yourself from assuming any liability in your case. Insurance agents are incredibly crafty and may try to make you admit at least partial fault in the case. Their primary goal is to make money for their own company, so they will offer the smallest possible payout in hopes that you will accept it, if you do not admit fault in the accident. If you do admit partial fault, the agent may try to use this as evidence that the other party does not owe you anything at all. Partial fault could be the fact that you were on your phone while driving, that you were going over the speed limit, or that you did not see the other driver on the road. By contacting a car accident lawyer, you will be able to get representation by someone who will make sure you do not say anything that could jeopardize your case. Your lawyer will be able to speak to other parties on your behalf so that you do not have to. 

Document Everything

Having evidence in court could make or break your case. If you are able to collect evidence at the scene of the accident, you should do so. This would involve taking photos of the scene of the accident, documenting witness statements — either as a voice recording on your phone or written down — and getting a police officer to go to the scene of the accident so that he or she can write an unbiased police report about what likely caused the accident. Do not worry about what will or will not be useful in court. The more that you can give your car accident lawyer at your initial meeting, the better. He or she can determine what is important and what should not be used in court. 

Contact a Lawyer Today

Do not hesitate to reach out to a lawyer right after being involved in a car accident. Even though many people just accept the first insurance payout they are offered, this is absolutely not the best way to do things most of the time. You need a lawyer with experience to tell you whether what you are being offered is fair or not. A car accident lawyer will have your best interest at heart and will look at the big picture, rather than just getting your vehicle fixed quickly. Contact a lawyer right away so you can determine what the best next step will be. 

What To Do After Experiencing a Concussion

What To Do After Experiencing a Concussion

Concussions

In the United States, there are upward of 3 million concussions every year. While concussions can result in serious consequences, they are common enough that most doctors understand the appropriate treatment to deliver to patients with a concussion. If you were injured because of someone’s negligence, then your treatment options may be worth an award.

When it comes to recent concussions, here is what you need to do to avoid complications and to heal as quickly as possible.

Avoid All Triggers

There will be some triggers that can increase the symptoms of your concussion. Once you figure out what aggravates your symptoms, you need to avoid that activity. You must take care of yourself throughout the concussion. For example, if bright lights give you a headache, then you should try to keep the lights dim at all times. You may also want to wear sunglasses or have a brimmed hat.

Rest Your Body and Mind

Never overstimulate your brain when you have a concussion. You have to allow your brain to rest. You may want to avoid reading, studying or learning new material. After a concussion, it may be difficult to process new information. Do not push yourself to finish anything that requires a lot of processing or cognition.

In addition to your mind, you need to rest. Make sure that you do not increase your heart rate unless a doctor has cleared you. You may be able to walk slowly or take part in light exercise. Make sure that it does not make your symptoms worse. Try to get as much sleep as possible. Take naps when you are tired and do not distract yourself when it’s time to sleep.

Be Careful With Pain Relievers

You need to use caution with pain relief following an accident. If you have a concussion, then you should not use anti-inflammatory medication. The problem with these medications is that they could increase your risk of bleeding. However, another important thing to keep note of is that pain relievers can mask your symptoms. For example, if your headache grows or you miss out on the concussion symptoms, it could worsen without treatment.

After you suffer a concussion, it is important that you take care of yourself as much as possible. Try to get as much rest as possible and not try to take part in any strenuous activity. If someone else’s negligence caused your brain injury, consult with a brain injury lawyer or even a brain bleed lawyer, like the lawyers at Davis & Brusca, LLC, for help with your case. 

Crucial Reasons for Hiring a Divorce Attorney

Crucial Reasons for Hiring a Divorce Attorney

Hiring a Divorce Attorney

Getting a divorce is highly stressful. This emotional weight is compounded by the sudden expense that’s involved. You might conclude that you can get by without hiring an attorney. Many reasons make going without legal representation a poor decision. Here are a few things that divorcing individuals should keep in mind.

Legal Knowledge

Hopefully, this is the first time you’ve gotten divorced. Even if it isn’t, it’s unlikely that you know more about divorce than someone devoted to the topic. When you have questions, it’s better to have someone you can speak with directly, rather than searching for the answer you need in a law library. A divorce attorney with years of experience can also help secure beneficial agreements regarding asset division, child custody, and financial support.

Filing Assistance

Divorce lawyers are adept at completing and submitting paperwork, which can be baffling for those unfamiliar with what’s necessary. Whether you have someone assisting you or not, completing records incorrectly can delay the process or create an outcome that isn’t in your favor. Divorce attorneys can help assure that everything is done correctly, thus eliminating certain unpleasant hiccups.

Stress Reduction

You’re already preoccupied with the emotional dimensions of your marriage ending. Why would you want to compound that struggle? Allowing a divorce attorney to take care of legal matters lets you process personal events and contemplate the future without being sidelined by legal minutiae.

Outsider Perspective

When you’re in the thick of an unraveling relationship, you need to assess the situation with open eyes. This can be difficult if you’re wrapped up in the matter at hand. Friends and relatives may be willing to talk about the situation. Unfortunately, they often have personal feelings that cloud their opinions. A professional divorce attorney can objectively look at your circumstances in a way that others cannot. These opinions are often invaluable when deciding how to proceed.

Psychological Support

Attorneys are not therapists, but having someone to talk to might be precisely what you need. Divorce attorneys understand the difficulties that separating individuals go through. Good ones will comprehend aspects of your divorce that have nothing to do with the law. Paying your attorney to hear you express yourself may be a more affordable alternative to seeking therapy.

When your marriage is dissolving, you might have the idea that hiring a divorce lawyer won’t provide any benefit. This couldn’t be more wrong. Always secure the services of a qualified divorce lawyer, like the attorneys at May Law, LLP, to help end your union smoothly.