Divorce is never easy

Posted by on Oct 26, 2017 in Family Law | 0 comments

It’s strange, having parents get divorced and realizing it’s as tough for you as it would have been when you were a little kid. I’m now in my twenties. I have a girlfriend I live with, and we’re a thousand miles from my parents and my old hometown. I hardly think about my parents most days, and we have pleasant, but vague conversations about once a week, which seems enough for me.

Somehow, the fact they have suddenly (or suddenly to me at least) decided to get divorced has really thrown me. Their marriage, I realize now, was one of the things I just assumed would always be there. It would be like coming home one afternoon and finding your apartment was just gone. The building wasn’t there. You assumed it would always be there, that nothing could change that fact. You would have anchored your sense of reality to that fact, so deeply in fact that you would never have realized you made the assumption at all. Then, one day, it would be gone.

As you can see, I’m not taking this well. My parents were never what I’d call a happy couple. They fought a lot, and much more than they fought, they were chilly towards each other. They spent most evenings in separate rooms, watching separate TVs. They hadn’t shared a room for more than a decade, I think, at least not on a regular basis.

I know now, as I should have known, or maybe always knew but never articulated, that wasn’t a very healthy or satisfying relationship for either of them. And it appears now that I look at it, like they had wanted this for a long time and just put it off for us.

My sister graduated from college last year. She was the last of the three of us. My brother is thirty now and has a kid. I suppose they wanted all of us out in the world and settled before they made such a big move. I respect that, but somehow, I want that freedom they gave me but also more heads up. No, what I want is for them to stay together, and for that to somehow make them both happy. That’s too much to ask, I know.

It’ll be strange, having to deal with divorce attorneys and to go home and find the home empty of one or the other of them, or else, in two completely different homes. Who knows if they’ll even stay near each other?

So far, at least, they are both promising to keep things civil and to remain friends. Perhaps they will. Perhaps they’ve just been friends for a long time and want something else. I want to be happy for them for this, to congratulate them almost on getting to start over and find something better. They gave me so much support in finding what I wanted in life, I want to give them that too.

I hope I’ll be able to at some point. For now, I just don’t know what to do now that anchor I attached my life to has gone floating off into the sea.

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When a Civil Case Becomes Criminal: Why you should never flee the scene

Posted by on Aug 11, 2017 in Auto Accidents | 0 comments

When you’re involved in an accident that leads to an injury, the injured party may seek compensation for the injuries they’ve suffered. In most cases, this will happen within or before a civil court, where the settlement agreed upon is meant to cover the amount the injured party needs to recover. This may include hospital bills, the amount for physical therapy in the future, the lost wages while the injured party was healing, and can even include non-monetary amounts like pain and suffering. This is the method through which the injured party, or the party not responsible for the accident, are not left unjustly saddled with the expenses of an accident that they didn’t cause. In most cases, if you’re the party at fault, this will be simple negotiations with your attorneys or insurance company. It’s no fun, of course, but a civil suit is meant to be to the benefit of someone who was not at fault.

Unfortunately, things can always be worse, like in the case of the driver of an SUV who caused serious injuries to a motorcyclist while pulling out of a driveway. As reported by Fox59, the SUV driver then fled the scene. The story doesn’t end well for either party of this accident. The motorcyclist is faced with injuries to his leg, and the driver of the SUV was searched for and found by the police, who arrested him on suspicions of driving while intoxicated on top of fleeing the scene of a crash leading to a serious personal injury. Now, the driver faces more than a simple civil suit: he will be taken to the court on criminal charges. A criminal case results in fines to the city and, should the motorcyclist choose to hire a team of attorneys like the Hankey Law Office P.C., there will be more compensatory fines to pay out later.

When involved in an accident, it’s in everyone’s best interest to talk to the police first. A rash decision like leaving the scene can leave everyone in even more trouble than is worth. A police report can record the fault of the drivers and is a good reference for everyone involved in a civil court case. It is just another piece of evidence. Personal injury attorneys will encourage their potential clients to call the police in all and any cases of an accident—large and small—for this very reason.

The criminal charges for fleeing the scene of a crash could’ve been avoided, had the driver who caused the accident just stayed on the scene. Now, instead of the simple civil court case that would have occurred, the driver of the SUV is forced to go through a criminal court case, and the chances of the motorcyclist receiving the full amount of compensation he is owed will have decreased. All-in-all this is a losing situation for everyone involved.

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Dog Bites and Premises Liability

Posted by on Jul 4, 2017 in Premises Liability | 0 comments

There is a legal concept called premises liability, wherein property owners can be held liable for accidents and injuries that have happened in their premises, especially if negligence has played a factor.

Usually, premises liability involves failure to clean up dangerous debris, maintain facilities to avoid defects, and properly enforce security to avoid breaches. But did you know that dog biting accidents can also fall under it?

You may think that dog biting accidents are personal injury cases, and you are right. However, according to the website of Lawyer Ali Mokaram, premises liability can also be under personal injury. In short, dog bites can both be seen as a personal injury and premises liability case.

But why? This is because property owners and their negligence can play a factor in dog biting accidents, such as in the following aspects:

·       Failing to supervise the dog

·       Failing to put the dog in a place that is not easily accessible, especially by bystanders

·       Tethering the dog in the wrong place or with a wrong material or technique

·       Using barriers that the dog can easily overcome

Dog biting accidents can lead into injuries, and these injuries can result into financial burdens, including the medical expenses associated with the treatment, lost wages because of being absent at work, lost general productivity to commit to responsibilities, and last but not to be overlooked, the emotional and psychological effects of being involved in a traumatic event such as an animal attack.

As a personal injury or premises liability case, a person who has been a victim of a dog biting accident can get compensation for these financial burdens. The compensatory measure is justifiable, because the financial damages would not have been sustained if the property owner has not been negligent with his dog and how he makes his premises safe from dog attacks.

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Semi-Truck Accidents due to Drunk-Driving

Posted by on Feb 11, 2017 in Auto Accidents | 0 comments

An 18-wheeler, also called semi-truck, big rig or tractor-trailer, weighs about 80,000 lbs., making it 20-30 times heavier than a passenger car. While this weight can make this type of vehicle incredibly tough in road crashes, the same feature is source of great disadvantage where braking or coming to a full stop is the issue.

Compared to a light pickup or an ordinary passenger car which, at the speed of 65 mph, will require about 316 feet before coming to a full stop, an 18-wheeler will take 525 feet to stop fully. This longer stopping distance and other factors, which make big rigs threats on the road, are the reasons why it is very necessary that truck drivers are fully trained, licensed, not feeling fatigued or sleepy, and totally sober and focused on the road whenever behind the wheel.

While the first three necessities (mentioned above) are never or seldom problems, certainty on truck driver sobriety is still a big question. As shown in a number of studies, many truck drivers have been found intoxicated or high on drugs while driving – a very serious traffic violation due to the high risk of injury they put themselves and, especially, other motorists in.

The blood alcohol concentration (BAC) limit for drivers of passenger cars is 0.08%; for truck drivers, however, the limit is much lower: 0.04%. Semi-truck drivers operating their truck despite a 0.04% BAC can result to DUI, while if caught with a 0.02%BAC, they can be suspended from operating their truck for a total of 24 hours.

It is most vital that a truck driver exercises extreme caution while operating his/her vehicle to reduce the possibility of a truck crash. He/she will never be able to do this, though, if he/she is high on drugs or is alcohol-impaired; he/she will also be putting many lives in danger and even possibly cause an otherwise preventable incident that is due to his/her disregard for the safety of others.

“Commercial trucks are some of the largest vehicles on the road, and as a result, they can pose a serious threat to other motorists. Truck accidents are often far more significant in terms of impact than other types of car accidents, due to their size and weight, and the possibility of serious injury or even death resulting from these types of accidents is typically much higher than normal.

Truck accident victims are often left in a difficult situation, trying to recover from a serious injury while coping with costly medical bills and lost income. Fortunately, compensation may be available in these situations through the help of a seasoned personal injury lawyer.”

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Impairment: The Primary Reason Why Drunk Driving is Prohibited

Posted by on Dec 3, 2016 in Auto Accidents | 0 comments

The blood alcohol concentration (BAC) limit for drivers in the U.S. is 0.08% (about 4 – 5 regular bottles beer consumed within an hour). This means that anyone who will caught driving with this BAC level (or higher) can be charged with alcohol-impaired driving or DUI/DWI, driving under the influence/driving while intoxicated. Surprisingly, research shows that the highest number of drunk-driving cases involved people between 16 and 24 years old.

Impairment is the primary reason why drunk driving is prohibited. It makes a person less sober, and makes his/her reflexes slower. Besides this, impairment also affects a person’s judgment, perception, coordination, reaction time and general ability to focus on the road.

There is no acceptable explanation to driving while intoxicated. The National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC) do not prohibit drivers from drinking anytime they want and as much as they can; what these agencies prohibit is driving afterwards – what makes it so hard to understand this?

Because of the obstinacy of millions of drivers, drunk driving remains to be a major problem. In 2008 alone, 13,838 alcohol-related fatal crashes were reported to the NHTSA; since then, the number of deaths due to this irresponsible road behavior has never gone down to more than 10,000.

A victim of drunk driving, as explained in the website of the law firm Karlin, Fleisher & Falkenberg, LLC, suffers not only physical injuries and trauma resulting from his/her life-threatening experience. It is very likely that his/her family also suffers financial hardship due to his/her absence from work, which results to lost wages and the need to pay costly medical treatment. Situations become worse if the injury leads to disability as this will mean more wages lost and higher cost of medical care.

Victims of drunken driving accidents are entitled to seek compensation from the negligent, careless and irresponsible at fault driver. While there is no stopping victims from agreeing to a settlement with the liable party or from filing a lawsuit and facing the legal battle alone, these strategies can prove critical in their attempt to seek compensation. It will always be to their advantage if they were represented by a personal injury lawyer who is highly-skilled in personal injury law who has the experience to aggressively pursue compensation from liable parties or from their car insurance provider.

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Sexual Assault: Can an Accused Innocent Person be Saved from Conviction?

Posted by on Oct 19, 2016 in Sex Crimes | 0 comments

It was in 1996 when the United States Congress passed Megan’s Law, a federal mandate that requires law enforcement agencies to make available for public referencing any relevant information about sex offenders. Information, which may be published in newspapers and pamphlets or posted in free public websites, can include an offender’s photo, name, residential address, work, communities visited, nature of crime and incarceration date. The passing of this law is to avoid sexual crimes from being committed, such as the one committed against a seven-year-old girl, who was raped and killed by her neighbor in 1994.

Sexual offenders, especially those who victimize children, are also required under the law to inform local law enforcement authorities of any changes in their address and/or employment after their release from custody (this can last for up to 10 years or may even be required permanently). In many states, offenders who fail to comply with this order can be charged with felony.

Many other U.S. laws have been passed for the protection of children, such as the Violent Crime Control and Law Enforcement Act of 1994, the Adam Walsh Child Protection and Safety Act of 2006, and the Sexual Offender (Jacob Wetterling) Act of 1994 (this is the federal version of the Megan’s Law).

Sex crimes, especially those committed against children, are very serious offenses. Some of the most common reported types of sex-related crimes are child molestation or indecency with a child, solicitation, sexual assault of a child, aggravated sexual assault, possession and distribution of child pornography, internet sex crime, and statutory rape, which refers to an adult engaging in sex with a minor who is under the age of consent. A person proven guilty of any these crimes will face very harsh punishments besides a ruined future.

In 2012, the Bureau of Justice Statistics’ National Criminal Victimization Survey was able to register 346,830 cases of rape or sexual assault on persons aged 12 or older. In spite of this alarming number, it is believed that many children, who are victims of sexual assault, do not immediately report the crime committed against them due to fear of negative reactions from their parents, or due to threats made by their abuser, most of whom are known to them, like a neighbor, a child care provider, a babysitter or a family friend; in the case of male victims, offenses are usually never reported.

As explained by the Nashville sex offense lawyers at Horst Law, the most serious form of this offense is what is termed as especially aggravated sexual exploitation of a minor—a single count of which constitutes a Class B felony. Depending on the circumstances of a case, an individual might be charged multiple times and could conceivably be punished with consecutive sentences.

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How a Contested Divorce Can Turn More Chaotic and Confusing for Spouses

Posted by on Apr 25, 2016 in Court of Law | 0 comments

What started to be a love-filled marriage for Terry and Murielle is now just a memory overshadowed by a bitter and hostile divorce procedure that has dragged on for five years, been handled by four different judges, involved six different divorce attorneys and which has cost about $400,000.00 in court fees, experts’ fees, lawyer’s fees (Murielle’s lawyer, actually, since Terry represented himself) temporary spousal support and copying tons of documents, like credit card statements, bank statements, income tax returns, life insurance policies, savings statements, and so many others. All payments, by the way, were shouldered by Terry, even payment of his wife’s lawyer’s fee.

Terry and Murielle were married in 1989. After their second child was born, Terry started his own business. They lived extravagantly, vacationing in different countries, like Tahiti and France (where Murielle was born). Before they reached their 20th year anniversary, however, the couple fell out of love. According to Murielle, her husband was too controlling; she also did not like his large gun collection. Terry, on the other hand, though that she drank and spent too much. Both just stopped talking to each other until, in 2008, they filed for divorce.

The only real reason why the case had dragged on so much longer than it should have was alimony. In 2008, after their divorce was filed, Terry’s alimony offer to Murielle included a $5,400 monthly payment until his retirement, half of everything in their million-dollar home and $50,000 cash. Murielle’s lawyer, however, made her decline (not just this offer but all other offers as well) telling her that she can have more. In 2012, after the costly legal fees and all other expenses, and with Terry’s personal business almost bankrupt, the topic of alimony was once again brought up. That time, though, Terry’s former $5,400 monthly alimony offer went down to just one digit: 0.

Prior to the filing of the divorce case, Terry’s business made $250,000 annually. He thought of settling their divorce in court because he believed that a divorce court was the best place where grievances could be smoothed out and order, restored. However, after four years in court and still with no hint as to the possible end of their divorce case, Terry began seeing the system of marital justice as nothing more than just a journey into a period of chaos and confusion.

It was on Terry’s 55th birthday (in 2013) when he finally received the court’s decision on his divorce case. The family judge decided that their house be sold immediately and that he pay his former wife $1,500 monthly alimony; however, since he has child custody (due to Murielle’s drinking problem), Murielle owed him $525 a month in child support. All still unpaid legal fees (for Murielle’s attorney and her former forensic accountant) will have to be paid by Murielle herself.

Terry considered the decision both a relief and a victory. A relief because he was divorced, finally! A victory, in a way, because he was spared from paying costly alimony. Had the decision been made by the first judge who handled their case (and who also appeared like he did not like Terry), things would be different; he would have been made to pay more or spend time behind bars.

In its website, The Maynard Law Firm, PLLC, states that spouses can always turn to the courts which can help them resolve issues they cannot agree on. It is important to note, however, that when deciding to file divorce in a court, it should be made with the assistance of an experienced divorce attorney whose aim is to help spouses resolve and settle all divorce-related issues, not make money from the case by prolonging it as much as they can.

A divorce proceeding can be an emotionally charged experience; thus, a lawyer adding to the problem should have no part in it.

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Duty After a Car Accident

Posted by on Nov 20, 2015 in Personal Injury | 0 comments

Those who have been in a hit-and-run accident are required legally to “stop and give help”, or when incapable to, at least provide important contact info so that the necessary financial compensation will be granted to the victim or victims. The driver of the car who struck the victim’s home or the victim is legally bound to (1) stop, (2) present and share identification, and (3) supply essential first aid support. Even drivers who failed to cause the accident can be indicted if they’ve neglected assist the at-fault driver to run from the picture and to execute these lawful requirements, in addition to passengers who aid. A passenger who takes the wheel to flee the accident over can also be held liable for the hit and run.

Regions such as Indianapolis, IN understand how hard it is to be associated with an automobile accident, and they’ve seen their fair share of road mishaps. An excellent quantity of Indianapolis residents every year, have problems with property damage and injuries as a result of other folks’ carelessness and negligent conduct.

Based on the website of Indianapolis car accident attorneys, it is necessary that the at-fault driver was aware of the crash and purposefully ran from the scene. However, any evidence that may point out any possible interference that an episode occurred (or what is normally called indirect evidence) may be enough proof that the driver was not unaware of what occurred. According to the state, bulk of laws require information and help to halt and supply following the collision to trauma or property damage it resulted regardless of whether or maybe not. Irrespective of charges that are legal, hit and run also can cause civil liabilities.

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Types of Bad Faith Insurance

Posted by on Aug 7, 2015 in Business | 0 comments

If your home or property has been damaged but is insured, you’re probably very thankful and relieved to know that your insurance company will help you and give you the financial compensation that you need to make your repairs. Such damage and the following repairs will be stressful all on its own, but if your insurance company refuses to pay the full amount they own under your plan or refuses to pay at all, it can make the situation unnecessarily difficult. There are four main ways that an insurance company can act in bad faith: delaying a claim, improper investigations, refusing to provide full coverage, and improper valuation of property.

When an insurance company delays a claim, it wastes your time. It takes unnecessarily long for you to receive the compensation you deserve, and often you will be forced to constantly contact the company over a long period before they pay part or all of the coverage. For some, this is too much to have to deal with and they never receive compensation – which is exactly what the insurance company wants.

To ensure that people are not abusing their insurance, companies often require an investigation before compensation is paid. This is not to hurt you or cause you inconvenience, but rather to protect the insurance company. However, some companies abuse this practice and use it as a means to deny your claims and avoid giving you the compensation you deserve.

Sometimes your claim is valid and your insurance company owes you a large sum for compensation, but the company refuses to pay all or part of it for one reason or another. Sometimes they simply do not give you a reason for the reduced coverage, other times they will try to make you believe that certain portions are not covered when they actually are.

The amount you are compensated in the event of damage will depend on the original value of the property. Some insurance companies will try to use this fact as a way to reduce the amount of compensation they owe you. They could try to set the value of your property at a much lower dollar value than it is actually worth, so they will then owe you less than they actually should in the event of damage.

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Common Injuries Caused by Truck Accidents

Posted by on Apr 4, 2015 in Automotive Injuries | 0 comments

In the year 2013, the Insurance Institute for Highway Safety (IIHS) recorded 3,062 fatalities caused by accidents involving large trucks. Majority of these fatalities—about 67 percent—comprised of victims occupying passenger vehicles. Meanwhile, truck occupants made up for 16 percent of all recorded fatalities. The IIHS report also shows that 15 percent of the victims were bicyclists, motorcyclists, and pedestrians.

As the available data proves, truck accidents can cause far more dangerous outcomes. Even when victims survive a crash, they will still be burdened by serious and debilitating injuries. Much of this outcome is determined by the discrepancy between the size of commercial trucks and other vehicles sharing the road. Because these trucks are often 20-30 times larger than passenger cars, it’s easy to conclude that injuries sustained in truck accidents require a longer recovery than those sustained from other vehicular crashes.

The following are just some of the most common injuries caused by accidents involving commercial trucks. If you or your loved one are suffering from any of these injuries caused by a truck accident, it’s best to seek consult with an experienced attorney to learn more about your legal options. Victims are entitled to seek compensation to cover the costs of treatment, recovery, and any other damages caused by the accident.

Spinal Cord Injuries

Damage to any part of the spinal cord can cause significant effects on the body’s physic al functions. In particular, spinal cord injuries can permanently impede automatic, sensory, and motor functions and lead to paralysis.

Traumatic Brain Injuries

Any type of external force applied to the head can lead to a traumatic brain injury. While the effects of such injuries will depend on the severity of the damage, brain trauma can usually lead to sensory problems and loss of consciousness. In more devastating cases, a traumatic brain injury can also result in permanent disability or a coma.

Neck and Back Injuries

The neck and back contain a complicated system of muscles and bones that help support the physical structure of the human body. As such, any injury to these crucial parts can lead to debilitating pain and impaired movement. Whiplash is one of the most common injury caused by any motor vehicle accident and is caused by forceful and rapid movement of the neck.

Bone Fractures and Dislocations

Bone fractures caused by truck accidents can be very severe. Most of the time, these injuries will require several surgeries to treat. Patients will also need to undergo rehabilitation to regain full mobility.

Burn Injuries

High-impact collisions can cause fuel tanks to rupture and explode. In these cases, victims could end up suffering from serious burn injuries. Truck accidents typically cause second or third degree burns that require surgery and skin grafting.

Internal Injuries

Internal trauma is another common truck accident injury. Blunt force to the abdomen can compromise vital organs and lead to internal bleeding. When these organs are severely injured, patients might need to undergo transplant surgery in order to survive.

Cuts and Lacerations

Truck accidents can also leave victims with deep-level lacerations. Such injuries will require proper treatment and stitches, preferably within the first few hours after the accident. Any longer and the laceration could get infected.

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