When You’re Religious, and You’re a Lawyer

3 Steps To Keep Your Spouse From Moving With Your Children

Posted by on 11:38 am in Uncategorized | Comments Off on 3 Steps To Keep Your Spouse From Moving With Your Children

If your spouse has decided to move out of the state with your children while you are in process of divorcing, you can take legal action to possibly stop him or her. Whether or not you are successful depends on several factors, including your state’s laws and the reason for the move. If you are planning to stop the other parent, here are some things you need to do. Determine the Reason for the Move One of the biggest factors in determining whether or not you can legally stop your spouse from moving with your children is the reason for his or her move. If the other parent is moving for a job or in an effort to provide a better life for the children, a judge might decide that your spouse has a good reason and not keep him or her from moving.  However, if the other parent is moving for other reasons, such as hurt feelings or to prevent you from seeing your children, you do have legal options available.  Petition the Family Court You and your divorce attorney need to file a petition with the court requesting that your spouse be prevented from moving with the children. If you have not already received an order regarding custody of the children, you can also request sole or shared custody of the children.  Filing the petition is important. It is your formal protest of the move. With it on the file with the family court, you can prove that your disapproval was known from the beginning.  Build the Case for Stopping the Move Above you and your spouse’s interests, the court is most concerned with the best interests of your children. It is because of this that you need to show that it is in their best interests that they are not moved. For instance, if your spouse does not have a stable job history, but you do, you could argue that he or she might not be able to provide financially for the children on a consistent basis.  You could also argue that by moving the children, your spouse is taking them away from everyone and everything that they know. You could point out that they currently have a nurturing and loving environment that is responsible for their growth to this point.  Ultimately, the judge will decide whether or not your spouse can move with the children. To improve your chances of keeping your children near you, start with working with your local divorce attorney, like those at the Madison Law Firm PLLC, as soon as...

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3 Things You Need To Prove Medical Negligence

Posted by on 4:11 am in Uncategorized | Comments Off on 3 Things You Need To Prove Medical Negligence

In an ideal world, every doctor would always do their best, and there would always be positive outcomes. However, this is not an ideal world, and sadly there are medical mistakes made every day that cause people pain and suffering. If you have been a victim to medical negligence, you might be wondering what you need to prove that there was fault from the doctor. Here are some things that you need to prove medical negligence. 1. The Doctor Had To Have A Relationship and Duty To You In order to have grounds for a medical negligence case, you need to have a relationship with the doctor and prove that they had a duty to you. This usually means that there was a doctor-patient relationship. For instance, if you were in an accident and a doctor happened to drive by and tried to help, but was unable to help you, this probably wouldn’t be medical negligence. This is because there was no patient-doctor relationship, so they had no duty to you. In most cases, you will go to the doctor for a certain procedure or treatment. In this case they would have a duty to you, and you could prove a relationship. 2. The Doctor Had To Have Acted Unreasonably In some cases people are still injured or there is an unfavorable outcome despite the best efforts of the doctor. You cannot expect that every time a procedure does not go well the doctor is at fault and deserves to be sued. Instead, you have to be able to prove that the doctor acted unreasonably. One way to determine this is to see what other doctors would have done in the same situation. For example, if other doctors say they would have done the save thing in the same situation, then there is no negligence. However, if other professionals feel that the route taken was incorrect or irresponsible, then there is a good chance there was negligence. 3. There Has To Be An Injury Even though a doctor may have done something wrong, if there was no injury, then there is no reason to ask for damages. You have to be able to prove that because of the doctor’s actions you now have pain and suffering. If you felt like a doctor made a mistake, but you have no lasting problems or pain because of it, the doctor may get disciplined through their licensing board, but you are not entitled to any damages. By understanding these things you can know if you have ground for a medical negligence case. Contact a lawyer specialized in medical malpractice like Davidson Law Center Inc for more...

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Tips from Divorce Lawyers on Dissolving Your Marriage

Posted by on 10:18 am in Uncategorized | Comments Off on Tips from Divorce Lawyers on Dissolving Your Marriage

When a marriage has gone sour, things can become quite toxic during the divorce proceedings. As such, the spouses tend to make rash decisions rooted in emotion rather than thinking of how this could impact the rest of their lives one a judge makes a decree. It is crucial at this time to have legal counsel, as the divorce lawyers will be able to be level headed and hopefully help you keep your financial wits about you. Here are some of the tips that could come in handy to ensure you are making the right decisions during the dissolution of your marriage. Prepare a realistic budget If you are seeking temporary maintenance as the divorce proceedings are going on, you need to ensure that you prepare a budget that is not only realistic, but truthful too. A common mistake spouses make is estimating the budget due to inadequate records or perhaps are just feeling too lazy to compute all the expenses. What may occur is that the budget that you put forward for the Pendente Lite may be grossly inaccurate and the court-approved amount will not be able to make ends meet. At this juncture, it is best to enlist the services of a financial advisor who can professionally account for your monthly budget. Additionally, do not be tempted to inflate the budget either as your spouse can move to have this audited to ensure that it is within reasonable means. Insure your divorce settlement This is something most people do not consider. Once the judge has ruled, you will find the spouses will go their own ways and will assume that they will either be paying or receiving alimony for the rest of their life. This is not set in stone as life happens. In the event that your ex-spouse dies, then the spousal support they were providing will die with them too. Unless you have had the sum insured! Premature death can mean an inability of supporting yourself, paying for tuition and more. When taking out life insurance for your spousal support, ensure the policy owner is named as you. Thus, in the event that your spouse stops paying the premiums, you can be alerted in good time and take the necessary legal recourse to remedy this. Do not be rigid about the marital home A common mistake people make is fighting for the marital home for sentimental reasons. However, if you will not be receiving the same amount of income, as you were as a couple before, the marital home could be well beyond your financial reach. This is especially true if it is still on a mortgage. Assess your financial situation before fighting to keep the marital home. Talk to a divorce lawyer like Allen & Rector for...

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Surgical Implements Left Inside You: Understanding Your Situation And Suing For Medical Malpractice

Posted by on 12:00 pm in Uncategorized | Comments Off on Surgical Implements Left Inside You: Understanding Your Situation And Suing For Medical Malpractice

It is a common assumption that if surgical implements or tools were left inside you that you should sue the surgeon. The surgeon may be responsible, but sometimes there may be an operating room nurse or a medical intern who stitches you back up, and then who do you sue? It is a complicated situation, and one which a personal injury attorney would help you resolve. Here is how you can better understand how this happened and collect the much needed evidence for your lawsuit. Understanding the Probability of Surgical Tools Left in You One report claimed that “one in every seven thousand surgeries” results in a surgical tool or sponge remaining in the body after surgery. That does not seem all that common, but if you suspect that it has happened to you, you need to hire a lawyer right away. Something could have gone wrong at the end of your procedure, and you and your lawyer need to get to the bottom of what happened before you begin to file a medical malpractice suit.  Finding the Evidence of What Went Wrong If a metal object was left in you, which is much less common than a surgical sponge or other fibrous tool, it will clearly show up on an x-ray. If a sponge or other soft implement was left behind, it will look like a shadowy growth or tumor near your surgical site. The biggest tip-off that something is definitely wrong is that your body will react with violent fevers as it tries to eject the foreign body. Make sure your illnesses, resistance to antibiotics, as well as any other treatments or x-rays are recorded and given to your lawyer to use as evidence. If you have a second surgery to remove the item, request pictures of the item if not the item itself, and keep the records from the second surgery. Finding out Who You Should Sue Although your surgeon may have started the surgery and performed the expected procedure, he or she may not have been the one to sew your incisions closed. The problem is, if he handed the closing off to an operating room technician, registered nurse or medical intern and then did not stay to supervise, you may have to sue more than just your surgeon. The medical records and operating notes will not only indicate who performed your surgery, but everyone who was present in the operating room is held liable, regardless of who stitched or stapled you back up. Your lawyer may suggest that you not only sue the operating room staff, but the hospital as well, because they might have known that there were problems with this surgeon or his/her...

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Avoid These 3 Mistakes When Dealing With An Injury Claim

Posted by on 8:56 am in Uncategorized | Comments Off on Avoid These 3 Mistakes When Dealing With An Injury Claim

While no one expects to be the victim of a car accident, it can happen at any point in time. Trying to address your injuries and get back to work can take up a lot of your time and attention. Instead of being able to focus your attention on the accident claim, you are pulled in a dozen different directions. The last thing you want to do is jeopardize your accident claim because of not having all the facts. Avoid making costly mistakes when dealing with an auto accident claim. Settling before your time. When injured in an accident, many people often rush to take the first settlement offer they receive. After all, you are being hit with medical bills, lost time off work and a whole host of other issues. Adjusters will often try to push you into taking a settlement just to get the case closed. Once you accept a settlement offer from the insurance company, you cannot go back later on and ask them for more money if more injuries arise. You are better off waiting until you know what you are dealing with before taking a settlement offer. Settling before having all the necessary information. The one who has the most amount of information is going to be the one who can negotiate the settlement better. Make sure your lawyer has as much information as you can possibly give them. They need details about witnesses, police reports, medical reports, a summary of your medical bills and anything else you can possibly give them about the incident and what it has done to your quality of living. Trying to make more out of your injuries than what they are. All too often, people assume that the worse their injuries are, the more money they are going to get. While this might be true to some extent, that doesn’t mean you should lie about how badly you were injured to try and soak the insurance company for more money than you deserve. Is insurance fraud really worth the extra few bucks? People will know if you are being honest or not, so you are better off being straightforward about what you are dealing with from the accident. By not making one of these costly mistakes above, you can make sure you get the settlement you deserve and begin the path to recovery. For more information, call a professional like Gibbs and...

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3 Ways To Prove You Are A Safe Motorcycle Rider

Posted by on 3:40 am in Uncategorized | Comments Off on 3 Ways To Prove You Are A Safe Motorcycle Rider

When you are involved in a two-vehicle accident and you were riding a motorcycle, you can face some special challenges when you are attempting to collect compensation for your injuries and damage. There is a perception by some that motorcycle drivers are more reckless than other drivers. As a result, you could be put in the position of proving that you are not a reckless driver. Here are some ways you can do this.  Your Driving Record When you are negotiating with the insurance adjuster to reach a financial settlement for your injuries, your driving record is usually not factored into the claim. If negotiations fail, the insurance company will then obtain your record and use it in court to make the case that you should not receive compensation or less than you deserve. However, you can use the record to your advantage during negotiations. If you have a good record on your motorcycle, you can use it to show that you are a careful, law abiding rider. A good record that does not have any recent moving violations or accidents can help make the case that you were more likely practicing safe driving techniques when you were involved in the accident. Your Training The completion of a safety driving course or some form of motorcycle safety class can also help prove you are a good driver. Obtain proof of the completion and pass it along to the insurance adjuster. If your state does not require you to complete a safety course to ride a motorcycle, it makes you look even better. By completing the course on your own, it shows that you are committed to being a good and cautious rider.  Your Time Spent Riding If you have been riding your motorcycle for a long time, this could help your claim. A long history of motorcycle riding shows that you are not a novice rider and that you are familiar with how to handle your bike on the road. As a result, you are less likely to have an accident because you know the ins and outs of riding. This is especially helpful if you have a good driving record.  There are many other ways in which you can prove that you are a cautious and solid motorcycle rider. Your motorcycle accident attorney can help you pinpoint exactly what you need to say and the evidence that you need to present to show that you deserve a fair...

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3 Things You Need To Know About Your Rights As A Grandparent

Posted by on 10:22 am in Uncategorized | Comments Off on 3 Things You Need To Know About Your Rights As A Grandparent

When it comes to child custody, most people assume all of the fighting and arguing takes place between the two parents. However, that is not always the case. In recent years there have been more and more grandparents turning to the courts to get visitation with their grandchildren. If you are being denied access to your grandchild by their parents, don’t lose hope. Here are three things you need to know about your rights as a grandparent. 1. Grandparents’ rights differ from state to state One of the most important things you must understand about your rights as a grandparent is that they differ depending on the state you live in. For instance, in the state of South Carolina, the court will only grant visitation rights to the grandparent if one parent is dead or if both parents are separated or divorced. The court will also look at the relationship between the child and grandparent in addition to the child’s relationship with the parent. On the other hand, some states, such as Alaska, require any request for visitation with grandparents be made during divorce or separation proceedings or after both parents have passed away.  2. Adoption can terminate your rights as a grandparent In many cases, adoption can terminate any rights you have as a grandparent. There can be exceptions to this. For instance, if the child is adopted after their parents have passed away, visitation with their biological grandparents can be a provision allowed in the adoption paperwork. However, it is usually up to the adopting parents if they will agree to this. Another recourse grandparents can have if the adopting parents don’t agree to allow them visitation, is to take the matter before a judge. The judge will consider whether or not visitation with the grandparents is in the best interest for the child. However, if the child resided with you prior to adoption, your chances of getting visitation will likely be higher. 3. The way you interact with the child’s parents can affect your outcome in court When it comes to feeling as if you have had your grandchild taken away from you, your emotions can get the best of you. Once this happens, it is easy to say horrible things out of anger. Understand that, if you send threatening text messages or leave threatening messages on voice mail, the child’s parent can use those as evidence as to why they don’t want you around their child. After all, a judge isn’t likely to feel it is in the child’s best interest to be around an aggressive and volatile person. In order to ensure you have the best chance possible of seeing your grandchildren, always take a step back when you feel yourself getting angry and emotional while dealing with the child’s parents. If they don’t answer the phone and it makes you angry, don’t leave a message right away. Instead, hang up and regain your composure and then call back. Also, be sure that you never argue with their parents in front of your grandchildren. You want to be able to say that you are always a source of love and affection for them and that image can be ruined with threatening messages and constant fighting in front of them. For more information, consutl with...

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After An Accident: 4 Things You Shouldn’t Do When Dealing With The Insurance Company

Posted by on 4:16 am in Uncategorized | 0 comments

After a car accident, you can expect to be contacted by the insurance company pretty quickly. If you are dealing with your own insurance company, it can pay to be as cooperative as possible. If you are dealing with the other party’s insurer, however, you should know that the company will probably try to get out of paying you the money that is owed to you. Therefore, you need to tread carefully when dealing with insurance companies, no matter how nice insurance adjusters or agents might seem. These are a few things that you should always avoid doing when talking to an insurance company after an accident. 1. Agree to Being Recorded By law, the insurance company has to let you know if your conversation is being recorded. However, you shouldn’t submit to being recorded unless you have talked to a lawyer first. You might accidentally say the wrong thing, and there will be no way for you to take it back after it has been recorded. No matter what the insurance company says, they cannot make you agree to being recorded, especially if you don’t have a lawyer present. Therefore, don’t back down about refusing the recording of your statement or conversation. 2. Apologize By nature, it’s easy to apologize when you have been in an uncomfortable or upsetting situation, even if you know that the situation isn’t your fault. Although it might just seem like a natural and polite thing to do, you should never apologize to an insurance company or the other driver. Keep the words “I’m sorry” — or anything that might mean the same thing — out of your mouth during this ordeal. Otherwise, you could be blamed for something that wasn’t your fault. 3. Say More Than the Facts When dealing with the insurance company, you should never say anything more than what is a plain, proven fact. State facts that can be found on the police report, but don’t speculate about anything. Otherwise, your speculations could be held against you. 4. Say That You Don’t Need a Lawyer In a car accident case, you always need a lawyer. Don’t tell the insurance company anything different; otherwise, you could be taken advantage of. It’s always a good idea to be as polite as possible when dealing with an insurance company, but you still have to be careful to protect yourself. For more information, contact Connor Law or a similar...

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Disability And Student Loans: What You Should Know

Posted by on 11:26 pm in Uncategorized | 0 comments

If you find yourself disabled, you may wonder what effect this will have on your financial situation. While receiving Social Security Disability income (SSDI) can help, bills like student loans may seem overwhelming. There are options to help you out, though. So, get to know how disability affects student loans and what you can do to ease the burden of student loan debt. Economic Hardship Deferments Receiving benefits and public assistance such as SSDI, SNAP benefits (food stamps), Medicaid, welfare or other such benefits qualify student loan borrowers for what is known as an economic hardship deferment. A deferment is a means of postponing payments on your student loans.  If you feel your need for public assistance will only be temporary and that you may be able to recover from your disability, this may be the ideal option for you. And, if it turns out your need for assistance or your disability lasts longer than you planned, you will also have other options available.  Total and Permanent Disability Discharge If your disability is a permanent condition and/or is a condition that is fatal, you are likely eligible to have your student loans discharged through a Total and Permanent Disability Discharge (TPD discharge). This process often requires you to be eligible for or receiving SSDI benefits.  Once you are certified as disabled, you can begin the TPD process. The application includes a portion that you fill out and a more extensive portion that must be filled out by the physician treating your condition. The doctor must certify that you are permanently disabled and unable to obtain gainful employment as a result. If you receive SSDI benefits, this should be no problem to prove.  When the application is approved, you will be in the discharge process for 3 years. These 3 years are known as the monitoring period. During these 3 years, you will be asked to submit certification of your income to prove your continued status as a permanently disabled person.  After this time period, your student loan balance will be discharged. Now that you know more about how disability can affect your student loans, you can take the actions needed to handle your loans accordingly. Remember that even if you use the deferment option, you can still go through TPD later on if your condition does not change or improve. So, reach out to your local SSDI office and your student loan servicer to determine the best option for...

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Who To Call When There Is An Error On Your Medical Claim

Posted by on 5:14 am in Uncategorized | 0 comments

What do you do if you feel your health insurance company has processed your claim incorrectly and they refuse to get it adjusted? If you are facing a situation like this, an insurance law attorney may be able to help. What Are Insurance Law Attorneys? First of all, insurance law attorneys are experts in the field of insurance and how insurance claims are handled. They work with a variety of insurance types including automobile, homeowners, and health insurance. If the insurance company denies a claim or refuses to pay, insurance law attorneys may be able to help. Claim Errors Unfortunately, it is more common than it should be that health insurance companies make errors when it comes to processing claims. In fact according to the American Medical Association, one in five medical claims submitted to health insurance companies gets processed incorrectly. What exactly does this mean for you? It means when you get a bill from a medical provider, you shouldn’t automatically assume it’s correct and that someone probably owes you money. How Insurance Law Attorneys Can Help If you are certain you are getting billed incorrectly due to a claims processing error, you should consult with an insurance law attorney. The first thing an attorney who specializes in insurance law can help you with is knowing what your rights are. One such right includes having your insurance company settle your claim within a restricted amount of time. If you have talked to your insurance company and have been unable to make progress with them, having an attorney on the phone will get their attention. It is important to note that even though you are asking your attorney to talk to your health insurance company, your health information is protected by HIPAA. This means the health insurance company cannot give out specific details about your claim without your written or verbal permission. Once an attorney is able to acquire all the documentation regarding your medical claim, the attorney should be able to effectively communicate with your health insurance company to reprocess your claim. In most instances, attorneys who help settle medical claims do so on a contingent fee basis. This means the attorney gets paid a certain percentage of any money they help to recover. It is crucial to contact an insurance law attorney as soon as possible. By not getting health insurance errors resolved in a timely manner, the hospital that is billing you in error can still turn you over to collections which will have a negative effect on your credit. Talk to experts like Freedman, Wagner, Tabakman & Weiss for more...

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