June 30, 2021
Car Accident Lawyer
Being in a car crash can be a stressful experience that leaves people with their lives tossed upside down. Even minor collisions can still cause injury and result in financial loss. Victims of car crashes are encouraged to take these steps after a car accident to protect their best interests:
See If Anyone is Hurt
Do not leave the scene of a car accident, even if it’s only a minor one. The priority is safety and health, as all else can wait. Make sure every person is okay and wait for emergency medical assistance if needed. Even if you think you are not hurt seriously, you could be, so always accept medical attention just in case.
Move the Vehicle Out of Danger
Depending on where the cars landed after impact, they may be in the way of other drivers. The situation will only get worse if a second accident was caused because of the aftermath of the first. Once your health is confirmed to be stable, move your vehicle out of the way off to the side of the road.
Call the Police
It is important to call the police so a report of the accident can be written. However, keep in mind that some places won’t send out an officer unless a person was hurt in the accident. Once an officer arrives, get their name, contact information, and badge number. You can follow up on the days after to get a copy of the accident report.
Collect Driver Details
As you are taking pictures or video of the car damage, scene, and visible injuries, be sure to talk with the other driver and get his or her information. Write down their name, driver’s license number, phone number, address, insurance company name, and policy number. Then, get the vehicle details such as make, model, year, color, vehicle ID number, and license plate number.
If you were hurt after a recent car crash, contact a reputable car accident lawyer as soon as possible, such as a professional from The Law Offices of Konrad Sherinian.
June 30, 2021
Birth Injury Lawyer
Having a new baby is a time of anticipation. However, this joyful event may turn sullen if something happens that causes the baby harm.
As a birth injury lawyer in Kansas City, MO from a firm like Royce Injury Attorneys LLC can explain, the most common reasons for birth injuries revolve around intervention measures. A baby who is large or not turned properly may need earlier intervention in the delivery process. Unfortunately, this does not always happen, and the result may be an injury. Read on to learn about three common injuries a baby gets during delivery.
1. Collarbone Fracture
While a vaginal birth is a woman’s most preferred delivery method, various factors may make it more likely to injure the baby. If contractions are not forceful enough, the baby may progress down the birth canal. In instances where a baby needs help, a doctor usually steps in and assists. This may include the use of tools, such as forceps or even manual manipulation with the hands. The shoulders are the largest part of a baby, and sometimes squeezing the baby in one way or another may end in a fracture to the collarbone. Babies with this injury need time for the bone to heal.
2. Lack of Oxygen
One of the most serious indicators after birth is evidence that the baby was without oxygen. The symptoms of hypoxia include:
- Weak or no crying
- Blueish skin tone
- Poor reflexes
- Little to no muscle development
Oxygen deprivation may be due to several factors, but the most common is that the oxygen supply was cut off during labor and delivery. If a mother’s cervix doesn’t dilate quick enough and the baby is without amniotic fluid for too long, it can cause distress, and oxygen will not get where it needs to. The umbilical cord being kinked is also a frequent cause of oxygen deprivation. Too much time without oxygen may result in permanent brain damage.
3. Cerebral Palsy
Cerebral palsy is a serious condition that affects a small percentage of newborns a year. While the exact cause of the condition is not known, it is tied heavily with birth events. Fetal or maternal distress is a common denomination in children with cerebral palsy, as is an overall difficult birth. Cerebral palsy affects the baby’s muscles and nerves, making for frequent spasms and underdevelopment. While some surgery may help ease the symptoms, there is no cure for cerebral palsy. It requires a lifetime of medical care.
If someone suspects their baby has suffered an injury at birth, a birth injury lawyer may know how to help. Since some of these conditions need long-term care, getting the financial security to administer it is something new parents want to pursue.
June 17, 2021
10 Quick Tips
It goes without saying that being in a car accident is no fun for anyone. In fact, a vehicular collision can interrupt a person’s life and health to such a degree that they endure severe hardship and financial struggle because of it. Unfortunately, many victims of personal injury accidents don’t realize that their accident entitles them to substantial monetary compensation. With so many bills to pay and work to miss out on due to injuries, what you probably need right about now is financial support.
To protect your best interests after a car accident, here are ten quick tips to take:
- Remain at the scene. Do not leave the area unless you need emergency medical attention. Stay where you are and call 911 immediately.
- Get medical care. Allow the ambulance team to examine you for injuries and do not deny medical care.
- Move to a safe area. If you are able, move your vehicle out of the way of traffic, to prevent another accident from happening.
- Exchange information. Talk with the other driver(s) involved and get their name, address, contact details, insurance company name, policy number, license plate number, and make/model/year of vehicle(s).
- Never admit fault. Do not apologize, say you are sorry, or make other comments that could be inferred as accepting fault.
- Don’t say you have no injury. Due to the rush of adrenaline and shock after the collision, your body may not have symptoms of injury just yet, but will appear in the days to follow.
- Take pictures and videos of the scene. Photos and video footage can say so much more compared to written testimony. Visual evidence is more difficult to dispute.
- Inform your insurance company. Notify your insurance agent the same day or as soon as you feel well enough to make the phone call.
- Journal your injuries. As your injuries worsen or get better, document how you feel every day.
- Consider hiring a lawyer. A legal professional is going to have your best of interest in mind at all times. Lean on them for legal advice and guidance.
May 2, 2021
After a car accident, you might not feel injured. You may not even realize you need medical treatment for a few days afterwards. If you wait to make a claim, how much time do you have? The answer is that it depends.
Making a Claim With An Insurance Company
Your insurance company may require you to make a claim within a certain time frame of an accident. The longer you wait, it can be harder to gather evidence. The insurance company may also be suspicious of delayed claims. You should report an accident to your insurance company as quickly as possible. Each state has laws on how quickly you should report to the insurance company, from immediately to up to 6 months. If you call the police at the time of the accident, you are typically in line with reporting laws. Call your insurance company as soon as possible. Unfortunately, the insurance company may not settle quickly.
Filing a Lawsuit After an Auto Accident
Most states have laws that govern how quickly you must bring a lawsuit after a personal injury or auto accident. It’s called the statute of limitations. If you do decide that a lawsuit is required to get the insurance company to fully compensate you for your injuries, you’ll be faced with another timeline. This statute of limitations varies greatly, depending on where you live, from 1 to 5 years or even longer. In some cases, the timeline might be shorter, such as when you’re filing against a government entity.
Talking to a Lawyer Helps You Understand Your Rights
In car accidents with serious injuries, you may not know the complexity of the issues for weeks or even months after the accident. Talking to a lawyer can give you information to help you know how much time you have to file a claim. You don’t have to make a decision right away when you know your time frame. Your local car accident lawyer such as Barry P. Goldberg may be able to help negotiate with the other driver’s insurance company to keep you out of court.
You may want to wait to file a lawsuit, to find out all the damages. The problem is that if you wait too long, you might miss your window of opportunity. Make an appointment with a car accident lawyer who can advise you of your rights and responsibilities to protect yourself. Weigh the pros and cons of filing a lawsuit and take the right steps for your situation.
April 30, 2021
Contrary to popular belief, fault does not always have to be proven for a couple to obtain a divorce decree. In fact, many marriages have ended peacefully, with neither spouse feeling the need to accuse the other of misconduct. Check out this list of six different kinds of divorce:
During fault divorce proceedings, the party who filed for divorce must prove that the other party engaged in activities that led to the breakdown of the marriage. Such activities include adultery, domestic violence, desertion, imprisonment, long-term estrangement, and drunkenness. Fault divorces are amongst the most common kinds of divorces.
In a no-fault divorce, each spouse concedes that they took part in activities that led to the dissolution of their marriage. Neither party has to showcase one another’s wrongdoings. However, they do have to establish that they have been voluntarily separated for 12 months or more or involuntarily separated for at least two years.
There is essentially no fighting during an uncontested divorce. Both parties agree on all matters. Oftentimes, people who get uncontested divorces do not have much to fight over. They usually do not have any children nor do they share a substantial amount of assets. Uncontested divorces are relatively inexpensive compared to other types of divorces.
Contested divorces are filled with disagreements and battles. Couples who file for such divorces usually cannot agree on anything. They argue over assets division, debt allocation, spousal support, child support, and child custody arrangements. Contested divorces are usually more time-consuming and expensive than uncontested ones.
Collaborative divorces begin with both parties signing a form that states that they will work together to achieve a mutually beneficial agreement. Attorneys, divorce coaches, financial specialists, and child specialists will work together to help the couple amicably split. Collaborative divorces are ideal for parents who do not want their children to experience a great deal of trauma during their divorce.
Default divorces are uncommon. They occur when one party does not respond to the other’s petition for divorce after 30 days or more of being served. They also occur when the other party cannot be contacted nor found. A judge will interpret the missing party’s absence and lack of communication as justification for a default divorce. Courts recognize a variety of divorces. Contact a family lawyer today, such as a family lawyer from the Winfrey Law Firm PLLC, to gain a better understanding of the legal processes involved in obtaining a divorce.
April 21, 2021
Wrongful Death Lawyer
Losing a loved one is never easy, especially when you are losing your loved one due to somebody else’s negligence, rather than old age or natural causes. You and your family are going to struggle emotionally, and may struggle financially. It may not be easy to win a wrongful death case, either, especially not by yourself. Because of this, you might need to hire a wrongful death lawyer in Arlington, TX to help you get justice.
Texas Statutes section 71.001 state that an action for wrongful death may be brought to the courts if “the wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the conditions under which the other party dies. The children, spouse or parents of the decedent may file the wrongful death lawsuit. They may also file jointly, or individually. Should the decedents family not file a wrongful death lawsuit within three months of the death, the manager of the estate may file the claim instead; barring a family member requesting the wrongful death claim is not filed.
Furthermore, in Texas, an adult child may file a wrongful death claim on their parents, or adoptive parents may file a claim on their adoptive child should the child die under negligence circumstances. An adopted child may also file a claim involving their adoptive parent, if they were fully and legally adopted. However, a child who is adopted may not file a claim on their biological parents.
The lawyers at Brandy Austin Law Firm PLLC can help guide you and answer any questions you have involving wrongful death cases in Texas. There is a statute of limitations on wrongful death cases, and you must file your claim and suit within this limitary statute. In Texas this limitation is two years from the date of the victim’s death, though there are some limited exceptions that may allow you to file a claim at a later date once the two years have run out.
Your wrongful death lawyer is going to understand the legal process far better than you could. Lawyers that specialize in wrongful death cases are going to have a detailed knowledge of the processes that are involved in these claims. Your lawyer is more or less an expert at what they do. They will know Texas laws surrounding wrongful death claims, and will be able to ensure all paperwork is filled out and submitted at the correct time.
Hiring a wrongful death lawyer is important because you have a lot of deadlines to meet so that your case will continue to be considered active. Not only can your wrongful death lawyer in Arlington, TX save you time and money, they can ensure you have the time to grieve the loss of your loved one. This means that you are not facing everything alone, and you can take time away from the court case to grieve and process the death of someone you care for.
There are many deadlines, many processes, and documents to be filed. Trust your wrongful death lawyer today.
April 17, 2021
Truck Accident Lawyer
Truck accidents are some of the most devastating types of vehicle accidents due to their size, weight and difficulty to control. Many commercial truck accidents occur on New York roads each year, injuring and killing many people. Accident victims can hire a lawyer to help them file a claim against the truck driver or company responsible for the accident. One question you may be wondering is who is exactly liable after a truck accident?
How Is Liability Determined?
Determining liability is often difficult because of the number of parties that may be involved in commercial truck accident cases. When you talk with a lawyer, they will gather evidence such as police accident reports and records from the carrier, truck company. A lawyer will review information such as who was working at the time and a summary of the truck’s maintenance report.
Which Parties can Be Held Liable?
A truck accident lawyer in Yonkers, NY, like one from Greenspan & Greenspan P.C. can tell you that one or several parties could be held liable for an accident. In addition to the truck driver and the company that employs them, there are also third-party vendors and cargo owners who work with them. In many cases, it is the truck driver or carrier who is held liable, but it could also be the truck manufacturer, party who owns the cargo, or the government.
Here are some parties that a lawyer may consider as they determine who is liable:
- Truck driver. A truck driver may be pursued for negligence by engaging in behavior such as reckless driving, speeding, and driving under the influence.
- Carrier or trucking company. Truck companies, also known as carriers, must ensure the safety of their drivers. Lack of safety measures and improper training of drivers are some of the reasons that they can be held liable in an accident.
- Truck manufacturer. Truck manufacturers sometimes produce defective parts that lead to cracks, brake failures, or loose objects which can cause an accident.
- Cargo owner. Any issues that occur in the shipping and handling of cargo can be traced back to the cargo owner, who can be held liable.
- Local government. Construction issues or poor freeway designs can result in a serious truck accident.
Contact a Lawyer for Legal Assistance
If you have been involved in a truck accident, work with a lawyer so that you can recover your losses. They will be there for you through every step of the process and ensure that the responsible parties are pursued to the fullest extent. Request a consultation with a skilled truck accident lawyer now.
April 12, 2021
When problems arise in a marriage it can lead to separation or divorce if the couple isn’t able to work through it. But for some, separation and divorce may come out of the blue, or at least it may feel like it.
When a marriage ends, does the reason matter? Is it enough to tell the court that it wasn’t working anymore? In some instances, the reasons behind the breakup may impact how the proceedings go. Find out more about when the why behind a failed marriage may make a difference in a divorce.
What Is a No-Fault Divorce State?
Some state laws are written so that the reason for a breakup is not required. This is considered a no-fault law because the court does not care who caused what. Most states fall into this category. It means when a person files a divorce petition, the reason for the action may be vague, such as that the union is irretrievably broken. This tells the court that the two parties share in the demise and end of the relationship.
What Are Grounds for Divorce?
There is an alternative route to divorce in some no-fault divorce states that includes citing the reasons behind the breakup. This allows a spouse filing for divorce to either say the marriage is broken or give another ground for the divorce. Some of the most common grounds for divorce include:
- Psychiatric instability
- Verifiable domestic abuse
- Absence or abandonment
Is It Beneficial to Give a Reason for the Divorce?
Is there a reason to give the grounds for divorce? In most cases, doing this provides no benefit except dragging the process on. However, there are some situations when a spouse may want to use a reason to gain the upper hand. Adultery is one of the most common reasons why marriages end. If a spouse alleges the other cheated, they need to have verifiable and irrefutable proof of the affair for the court to consider it. If they do, some courts will look at this and decide to award higher spousal support or property.
The divorce process may prove tricky to get through unless one is familiar with how the legal system in the state works. For this reason, a divorce lawyer is a valuable asset when it comes to the divorce process. This legal practitioner can move throughout family court with relative ease and give people a fair shot at coming out of a breakup on steady ground. Call a local divorce lawyer today for more help.
February 24, 2021
So, you got a letter or notice in the mail. It mentions “subrogation,” and you are left scratching your head, wondering what’s this all about? Am I in trouble? Do I need a lawyer?
Maybe. But it would help if you understood subrogation and considered how it applies in your particular circumstances.
First, let’s look at the word itself. It is defined as follows:
Subrogation (səb-rə-gay-shən) n. (15c) 1. The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor…. Subrogation most commonly arises in relation to insurance policies. 2. The equitable remedy by which such a substitution takes place. 3. The principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy.
SUBROGATION, Black’s Law Dictionary (11th ed. 2019).
This definition is too technical for most people, but the idea is this: If someone else, usually an insurance company, has paid a debt that you owe, that company usually has a right to get back what it paid on your behalf if someone else is legally obligated to compensate you.
Still confused? I don’t blame you. Let me use a couple of examples to explain.
Suppose you were in an auto accident and you were injured. Your health insurance company has paid your medical bills. The health insurer may be writing to you in order to find out about the circumstances of your accident.
Why does it care? Because, if the other driver is legally responsible for your injuries, your health insurer has a legal right to collect what it paid for you from that driver (or the driver’s liability insurance company).
How are you involved? First, the insurance company needs to understand the facts to evaluate the claim. Second, if it has a claim, that claim arises from your legal right to recover your damages from that other driver. So the health insurer may be trying to find out whether you intend to pursue your claim yourself. If you do, your health insurer will likely wait for you to do that and then demand that you pay back what it paid on your behalf, less a share of your costs of recovery.
If you don’t plan to take steps to recover your damages from the other driver, your health insurer may choose to sue in your name!
Should you talk to a lawyer about such a notice? Probably. If your health insurer thinks you have a right to recover your damages, maybe you should pursue them on your own. You may have broader damages – such as for pain and suffering — than your health insurer would. You might want to think about pursuing the claim yourself.
There are other, similar situations where an insurance company might have a right to pursue a claim based on what it has paid for your benefit, such as for damage to your car. It works the same way.
If you were injured, you can probably find a lawyer who will meet with you to discuss the situation without charging you a fee. Most personal injury lawyers don’t charge for initial consultations.
Another common situation in which you might hear the term “subrogation,” is if the shoe is on the other foot. That is to say, if it is alleged that you caused damage. The other party’s insurance company may be threatening to sue you to recover for benefits because of that damage. Or it may actually be suing you for such damages.
In that situation, if you have liability insurance, you should notify your insurance carrier right away. If you don’t have insurance, you’ll almost certainly have to hire a lawyer, unless you are prepared to pay the claim. If you get sued and a judgment is awarded against you, it will harm your credit rating, your wages may be garnished, and in some states, your driver’s license may be suspended until you pay the judgement off.
Of course, there are other situations where subrogation comes into play. But hopefully, thanks to Rich Cassidy Law, you now understand the basics.
June 1, 2020
The COVID-19 Pandemic is clearly unprecedented in the course of human history, impacting daily life like no event ever before. If you are divorced or contemplating a divorce, here are some important things to know about how COVID-19 will affect your life:
- Courts Are Open – While many non-essential businesses are closed, courts technically remain open. Even a pandemic does not prevent the public’s right to access the justice system. It is supremely important to parties of divorce and custody cases for courts to continue to function because of the ever-evolving nature of family law disputes. Many divorce courts are using tele-video conference (e.g., Zoom, Google Meet, or Microsoft Teams) to conduct status conferences, hearings on contested motions, and even trials. There is no reason to wait until the pandemic is over or for the country to “reopen”; the courts are functioning.
- Child Support Modification – Most child support laws allow a modification if there is a substantial change in circumstances, which can include the significant increase or decrease in income by one of the parents. The Coronavirus Pandemic has caused an economic calamity, with unemployment at historic levels. Once the Paycheck Protection Program runs out, and people stop receiving full unemployment benefits, income levels will drop. If you lost your job, or your business has experienced a downturn, this would be a substantial change in circumstances that you can use as a basis for modifying your child support obligation. You have to act fast, however, as a child support obligation is extremely difficult if not impossible to get out of without paying, and you can be subject to interest and penalties.
- Spousal Support Abatement – Much like child support, spousal support (known as “alimony” or “maintenance”) can also be modifiable depending on the circumstances. The economic downturn of the COVD-19 pandemic is cause to seek a modification of support, or even an abatement. An “abatement” is a legal term meaning to stay or pause the support obligation. If you are paying spousal support, you may be able to abate your payments until you recover economically.
- Parenting Time – The pandemic is not a reason to interfere with the other parent’s visitation time with their child. Despite being a health disaster, many family law Courts have issued orders and guidelines stating that parenting time and visitation must continue as agreed or ordered in the era of social distancing. Many parents are expressing serious concern that the other parent is not adhering to social distancing guidelines. While a judge might ultimately agree that a parent is not doing enough to protect themselves, it should be brought to the court’s attention instead of simply refusing to exchange the children.
Thanks to our friends from Hecht Schondorf LLC for their insight into family law during the pandemic.