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Two Divorce Tips To Keep In Mind

Posted by on 3:08 pm in Uncategorized | Comments Off on Two Divorce Tips To Keep In Mind

When it is necessary for you to file for a divorce against your partner, you can easily feel overwhelmed by the emotional and legal aspects involved with separating from your spouse. Unfortunately, if you are ill-equipped to handle the unique challenges of a divorce, you may find that this experience is more stressful and difficult than necessary. Know The Steps To Protect Yourself Against An Unscrupulous Spouse While a divorce can have profound emotional consequences, it can also create serious financial problems. Not surprisingly, there is a possibility that your spouse may attempt to cheat you out of your fair share of the assets from the marriage. When this is the case, the spouse may attempt to transfer money, assets or other financial instruments into hidden accounts. Prior to discussing divorce with your spouse, you should carefully prepare copies of the complete financial records of the marriage. Your attorney and accountant will be able to parse these records to look for any signs of unscrupulous activity. Without these records, it could be extremely difficult to identify and prove that assets have been hidden. Prepare A Plan For Rebuilding Your Life After The Divorce During your initial meeting with your attorney, you may be asked to describe the type of life that you would like to lead after the divorce. You may think that this is premature, but having at least a rough idea of the life that you will be attempting to rebuild is important for identifying the most important things that you want from the marriage. For example, if your marriage produced children and you want to be the primary caretaker, you will need to ensure that you prioritize custody of the children during negotiations. Conversely, if you are wanting to start a business, you should focus on securing as many liquid assets as possible. Due to the strategic importance of your answer to these types of questions, you should give at least a few moments of thought to this prior to your meeting with the attorney. Leaving your spouse to start a new life can be one of the most rewarding and liberating decisions that you can make. Yet, you will need to understand some basic guidelines to help your divorce be as productive and stress-free as possible. By taking steps to protect yourself against your spouse hiding assets from you and considering how you want your life to unfold after the divorce, you will be better positioned to make shrewd decisions throughout the divorce process. For more information, contact a business such as Madison Law Firm...

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Evidence To Collect Following A Car Accident

Posted by on 11:47 am in Uncategorized | Comments Off on Evidence To Collect Following A Car Accident

The right pieces of evidence can help you win your car accident case, so it’s important that you work from the beginning to preserve any possible evidence – at least until you have spoken with a lawyer. Of course, it can be easy to overlook some types of evidence if you aren’t sure what can be considered in court. The following guide can help you know the most important things to preserve. Photographs Any photos of the immediate aftermath need to be saved. Most of these will need to be taken at the scene of the accident or at the hospital before or after treatment. Try and get pictures of the accident scene before it is cleaned up or vehicles are moved. Also, take photographs of any injuries you sustain. It’s best to get these photos before treatment so the full severity is readily apparent. Video Video can also help prove fault in an accident. Unless you have a dash camera or a bystander happened to be filming, it can be more difficult to find video, though. Check with the businesses that border the accident site to see if they have outside surveillance. If so, ask to view the tapes to see if the accident was captured. You should do this quickly, as old recordings are often purged on a regular basis. The vehicle Make sure you are well aware of the fate of your vehicle after the accident. If it is totaled, verify the impound location and that it will be kept intact until insurance payments and possible lawsuits are finalized. If you receive the vehicle back, do not make any attempts at repair or alterations until your lawyer tells you it is okay to do so. The vehicle is often an important piece of evidence. Documentation Every paper you get in regards to your accident can be used as evidence or to help secure a proper settlement. This includes obvious items, like the police report, as well as receipts for medical services and repairs, repair quotes, and pay slips that indicate lost income. Play it safe and keep anything that is related to the accident or reflects a cost that was incurred because of the accident. Witnesses Finally, make sure to collect the names and contact information of any witnesses. This includes any that step forward at the time of the accident, as well as any you find afterward. Asking at homes or businesses that neighbor the accident site may yield witnesses. You may also be able to find witnesses on social media. For example, check to see if your local news site posted about your accident. Sometimes potential witnesses post comments to the coverage. For more help, talk to an accident attorney as soon as possible following your...

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How Proof Of Domestic Violence Can Help During Divorce

Posted by on 10:59 am in Uncategorized | Comments Off on How Proof Of Domestic Violence Can Help During Divorce

If your partner is abusing you, don’t just get a quiet divorce without bringing up the issue of domestic violence. There are several ways in which bringing up the issue can help with your divorce even if you don’t use it as your grounds for divorce. Here are three areas in which proof of domestic violence can help you with the divorce: Child Custody Any form of domestic violence will affect child custody deliberations, but the effect is particularly great if the violence occurs in front of the kids or is directed at the kids. Children are affected by violence, and the courts greatest concern is the child’s welfare. Therefore, the court will put measures in place to protect the child from violence. This may include, among other measures, the abusive parent getting limited access to the child or no access at all. You may also use your concerns for the kid’s welfare as a basis for petitioning the court for supervised visitations. Alimony Depending on your state, domestic violence can affect alimony in two main ways. First, the court may increase your alimony award if you can prove that it affected your marital assets negatively. This might be the case, for example if your spouse did not want you to work. This is also possible if the beatings from your spouse affected your earning capacity, for example, if you were too ill to go to work on several occasions. The second way in which domestic violence may affect alimony is if you are the victim and the calculations reveal that you are supposed to pay alimony to your spouse (the aggressor). Some courts have decided that such spouses should not get alimony (or the amount may be reduced), so you may be off the hook for the alimony payments. Division of Assets Lastly, your partner’s violent conduct may also affect the division of your marital assets. This is not a given since some courts don’t factor in domestic violence during asset division, but there is no harm in trying since some courts do take it into consideration. Increase your chances of getting the court to consider domestic violence as a factor in asset division by proving that it wasn’t just a onetime occurrence; courts give more weight to ongoing cases of abuse. If you do succeed, your share of marital assets is likely to be greater than it would have been without the issue of domestic violence. Therefore, if you are going through a divorce and you have suffered domestic violence, it pays to document your struggles. Gather the proof and give them to your divorce law attorney so that they can use them for your divorce....

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3 Tips For Dealing With An Insurance Adjuster In A Dog Bite Case

Posted by on 10:59 am in Uncategorized | Comments Off on 3 Tips For Dealing With An Insurance Adjuster In A Dog Bite Case

When you are bitten by someone else’s dog, you can get compensation for your injuries by filing a dog bite claim against their homeowner’s or renter’s insurance policy. After you file the claim, you are going to need to deal with an adjuster from their insurance company. The insurance company’s adjuster’s job is to work through your claim and settle in a way that benefits the insurance company the most. #1 Start With A Bigger Amount Than You Want To start with, you are going to end up negotiating with the adjuster over the cost of your settlement, so you want to make sure that you start out with a settlement offer that exceeds your needs. In order to know the right amount that you should ask for, you are going to need to figure out your overall costs. First, gather all of your medical bills and figure out the total cost of medical care that you paid. These are your hard costs. Then, work with your employer to create a statement that details all of your lost wages. These are the solid costs that you want covered. Where you have some flexibility is with your pain and suffering, which is the number that you want to increase or pad going into the negotiations. #2 Emphasize The Emotional Aspect If the adjuster tells you that they feel that your case is not worth the amount that you are asking for, be sure to emphasize the emotional aspect of what happened to you. Describe the emotions that you felt as you were dealing with the attack itself. Then, describe in detail how the injury has impacted your life. For example, if the dog bite happened to your dominate hand, so you needed assistance with everyday tasks such as eating and grooming, describe what it felt like to not be able to take care of yourself. If you have children, describe how this injury impacted your ability to take care of your family. Getting emotional and describing how it really impacted your life could cause the adjuster to then raise their offer. They are going to need to feel that your offer is justified, so describing the impact the dog bite had on you emotionally and how it impacted your life should help raise your settlement offer. #3 Wait To Think On The Offer When the adjuster makes an offer more to your liking, do not accept it right away. Tell them that you want to think about the offer over the weekend or for a few days. Taking time to think about the offer will show the adjuster that you are serious and can help push your negotiations along as the adjuster is going to want to settle. When you call back, tell them that the offer is still too low. The adjuster may be willing at that point to offer more so that they can settle your case. Spending too much time on your case is not cost effective for them. If you are not able to reach an agreement with the adjuster concerning your settlement, consider enlisting the help of a personal injury attorney, such as those found at Eric J. Moore Company, Attorneys At Law, to move your case...

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Was a Dog Park Trip Turn a Painful Experience? 3 Steps to Take if You Were Bitten by a Dog

Posted by on 4:55 pm in Uncategorized | Comments Off on Was a Dog Park Trip Turn a Painful Experience? 3 Steps to Take if You Were Bitten by a Dog

When you go to the local dog park, you know that you’re going to encounter numerous unleashed dogs. However, you don’t expect to encounter a dangerous dog. If your last encounter resulted in a dog bite, don’t assume that you don’t have a cause of action, or the right to sue. Just because you were at the dog park, doesn’t mean you gave up your right to be protected against violent dogs. If you’ve been bitten by a dog while at a local dog park, here are some steps you should take right away. Seek Medical Care If you’ve been bitten by a dog, you need to seek medical attention as soon as possible—even if the bite seems superficial. Rabies, and other infectious diseases, can be transferred through superficial wounds and even scratches. This is because dogs lick their paws, which transfers the infected saliva to the paws. If the wound is minor, wash it with warm water and an antibacterial soap, and then seek medical care. If the wound is bleeding, cover the area with clean gauze and apply pressure until you can get to the emergency room. File a Report Once you’ve received medical care for the bite, you need to file a report. Filing a report will put the park on notice that you suffered a bite in the community dog park. It will also allow you to determine if there have been other complaints of dog bites at the same location. When you file your complaint with the animal control department, you’ll need to take a copy of the complaint to the city manager’s office. This will put them on notice that you’ve suffered any injury on city property. Talk to an Attorney If you’re not receiving the assistance you need from animal control, or city officials, you need to sit down with an attorney. If the city was aware of previous dog bites, or they have not been enforcing their own rules and regulations regarding their dog parks, an attorney can help you receive compensation for your injuries. When you sit down with your attorney, be sure to bring your medical records, as well as any documentation you have from the city, such as a copy of the complaint you filed, etc. If your recent trip to the local dog park resulted in a bite, you need to act quickly. Use the information provided here to help you get the care and compensation you deserve. For other questions and concerns regarding your injuries, be sure to speak to a personal injury...

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When Should You Hire an Attorney to Help with a Long-Term Disability Policy Application?

Posted by on 3:15 pm in Uncategorized | Comments Off on When Should You Hire an Attorney to Help with a Long-Term Disability Policy Application?

When should you hire an attorney to help with your employer-sponsored long-term disability policy? To many people, it seems like it would be premature to hire an attorney before they’ve encountered the first signs of trouble with their claim—but that’s only because they don’t understand that the rules governing long-term disability policies are stacked against them from the start. If you are about to file for long-term disability or have recently filed, this is why you should consider hiring an attorney now, instead of waiting. The rules governing long-term disability policies favor insurance companies, not the disabled. Long-term disability policies that are part of employee benefit packages are usually controlled by the Employee Retirement Income Security Act of 1974 (ERISA), and ERISA allows the insurance company to interpret key definitions and terms within the plans. No two plans are exactly alike, and even the definition of “disability” may vary from plan to plan. In some cases, the plan may rely on a limited definition of disability (whether or not you’re capable of doing your own job) for a short period of time and then switch to a broader definition of disability (whether or not you’re capable of doing any type of work). That means that even if you’re initially approved, your benefits can be stopped once you cross the arbitrary time limit that uses the limited definition of disability—even though your condition is unchanged (or even worse). If you are denied benefits or your benefits are cut off, you have limited rights. If you’re denied benefits or your benefits are cut off, all ERISA plans require you to file a mandatory administrative appeal before you can file a lawsuit. This further delays your ability to get the benefits that you need to survive and puts the decision right back in the hands of the people who denied you once already. This is also where the worst trap for the unwary lies: not only do you have to submit a written appeal explaining why you believe the decision is wrong, you have to make sure that you supply the insurance company with all the supporting documentation that you need to prove your case. Anything you fail to submit cannot be considered later—if your claim is denied again and you’re allowed to proceed to a lawsuit, the judge is obligated to make the decision on your case based on what was in the file at the time the insurance company last reviewed it.  That means that you cannot correct incorrect information in the file, cannot submit new evidence, and cannot even add evidence that was somehow missing from the records.  An attorney can help prevent you from making mistakes that could cost you later. Waiting to involve an attorney in your long-term disability case until you take it to court is waiting too long. Because of the restrictions mentioned above, you absolutely need to make sure that your case is as strong as possible before it ever hits the lawsuit stage. While that might not prevent an unfair denial, it does offer you the best possible chance of successfully winning your case. For more information about how to handle a long-term disability claim, especially if you sense trouble, contact a disability attorney like Bruce K Billman in your...

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Appealing an Additional Tax Assessment Due to an IRS Audit

Posted by on 10:21 am in Uncategorized | Comments Off on Appealing an Additional Tax Assessment Due to an IRS Audit

All tax audits are not performed at a work desk. Many audits are conducted entirely through the mail. Regardless of how informal the audit might be, an additional tax assessment usually becomes a binding obligation. Tax filers who disagree with the outcome of a tax audit may request an administrative appeal to address the dispute rather than taking the issue directly to court. The U.S. Tax Court routinely hears a wide variety of cases surrounding tax law, many of which result from audit disputes. As an alternative to court proceedings, the Office of Appeals within the IRS hears audit appeals in a more informal manner. The first step in appealing an audit decision through the Office of Appeals is to respond to the initial letter received from the IRS after the completion of your audit. The 30-day letter A few weeks after an audit is complete, you will receive a letter summarizing the proposed changes to your original tax return. You have 30 days from the date of the letter to either accept the changes or appeal the audit result. If you decide to appeal the proposed changes, a written request must be sent to the IRS at the address included in the letter. Written appeal request The information required on an appeal request depends on the amount owed and the nature of the entity that was audited. If the amount of additional tax and penalties is over $25,000, your written request should cite the legal basis for your position and explain the facts that support your reasoning. Along with your legal argument, include your signature alongside a notation that the request is being signed under penalties of perjury. A request for an appeal of $25,000 or less is generally referred to as a small case request. Entities and individuals eligible for a small case request should indicate which proposed changes are disputed and the reason for the disagreement. The following four entity types are not eligible to submit a small case request, regardless of the size of the audit assessment. Tax-exempt organizations S corporations Partnerships Employee retirement plans The 90-day letter If your request for appeal is denied, you then have 90 days from the date of the denial letter to file a case with the U.S. Tax Court. The so-called 90-day letter is also sent out if an appeal request is granted but the subsequent appeal process is not successful. Although you can represent yourself, practice before the IRS is limited to attorneys, CPAs, and enrolled agents. Contact a tax preparation service for assistance in appealing a tax...

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Tips To Use When Deciding On A Temporary Custody Arrangement

Posted by on 10:13 am in Uncategorized | Comments Off on Tips To Use When Deciding On A Temporary Custody Arrangement

If you are in the middle of divorce proceedings, and you have a child with your soon-to-be ex, their well-being is most likely the focus of your concern during this process. Many who divorce have discrepancies regarding who will be the primary caregiver of a child or how many hours visitation they will be awarded. This usually leads to the necessity for a mediation session with a professional unbiased person listening to both parties regarding requested time allotment with the child. Here are some tips you can use to ensure a desirable outcome after a mediation session. Consider Bringing Your Attorney Along It is a good idea to have your attorney on the premises of the location where a mediation session will be held. If your spouse brings along their own attorney and you do not have yours present, it will be harder to negotiate without feeling overwhelmed or embarrassed during the process. While some people have successful outcomes when hashing out requests without a lawyer present, being sure about the legal aspect will put you at ease with the stipulations put into place. Your attorney (like those at Finocchio & English) can look over the proposed requirements regarding temporary custody and visitation and make recommendations on any changes they feel would be in your best interest. Be Aware The Result May Stick After The Divorce Is Final Do not back down from a proposed desired outcome merely to stop the procedure from continuing. If the mediator tries to convince you to settle for a custody arrangement you do not feel comfortable with, your attorney will continue to work in your behalf to alter the details to get you a better deal. In many cases, a temporary custody and visitation schedule will continue after the final custody hearing if it seems to be working for the child and the parents. Keep this in mind as you fight for the settlement you desire. Keep Your Child’s Best Interest In Mind Throughout the mediation process, it is very important to consider the wants and needs of your child as well as your own. If they are of school age, it is a good idea to ask them their thoughts regarding their living arrangements. Since they may be asked to speak up in a custody court session, they may indicate they were unhappy with the proposed temporary arrangement. It may be difficult to put your feelings on the matter on the back burner, however, if your child would fare better living with your spouse, it should be taken into consideration when deciding on living...

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Injured By Acetaminophen? You Aren’t Alone—Learn More About The Dangers Of This “Safe” Drug

Posted by on 10:00 am in Uncategorized | Comments Off on Injured By Acetaminophen? You Aren’t Alone—Learn More About The Dangers Of This “Safe” Drug

Acetaminophen, either in its generic form or in name-brand drugs like Tylenol, has long been a staple in many U.S. medicine cabinets, and it was once even regarded as a safe drug to give to women who were pregnant. However, recent information and lawsuits have brought to light several dangers associated with the drug. This is what you should know. Acetaminophen overdose can lead to liver failure. As little as 10 grams of acetaminophen can cause an injury to your liver—which is bad news for consumers. Many people take Tylenol and its generic counterparts regularly, simply because they don’t realize the dangers that they face. Their perception of the drug as being “safe” can lead to overdoses very easily, which might be why acetaminophen is the leading cause of toxic drug ingestion in the U.S., leading to around 100 deaths each year. This serious danger was only recently acknowledged. In 2014, the U.S. Food and Drug Administration took the unusual step of asking pharmacists not to fill prescriptions for painkillers that contained more than 325 milligrams of acetaminophen. Even though the FDA had issued an earlier warning about the dangers, some doctors continued to prescribe high-dose acetaminophen products anyhow. Acetaminophen use during pregnancy can lead to behavior problems in your child. Recent studies indicate that the use of drugs containing acetaminophen during pregnancy can cause both attention-deficit hyperactivity disorder (ADHD) or hyperkinetic disorder (HKD). Since more than half of pregnant women use acetaminophen to relieve discomfort, these findings could affect a huge number of children. According to the study, the children of women who used acetaminophen during pregnancy were 29% more likely to develop ADHD and 37% more likely to develop HKD by age seven than children whose mothers didn’t use the drug. Acetaminophen products can also contain impurities and incorrect dosages. There have also been a number of lawsuits in recent years related to manufacturing defects by the makers of Tylenol and other acetaminophen products. Bacterial contamination is blamed for at least one infant’s death in 2010. In another case, a toddler received a dose of Tylenol that had too high of a concentration of acetaminophen in it, leading to liver failure. You can file a lawsuit to recover for your injuries. If you believe that you or your child has been injured due to acetaminophen use, it may be possible to hold the manufacturer of the drug responsible. If the medication was prescribed by a physician after warnings were issued, the physician may also bear some responsibility for your injuries. Contact a personal injury attorney in your area to discuss your...

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It’s Time To Plan: 4 Steps Help You Divide Your Assets When Your Kids Can’t Get Along

Posted by on 12:12 pm in Uncategorized | Comments Off on It’s Time To Plan: 4 Steps Help You Divide Your Assets When Your Kids Can’t Get Along

It’s time to take care of your estate planning. If coming to a decision about how to divide your assets has you in a quandary, it might be time to take a step back. This is particularly true if you’re worried that sibling rivalry will lead to hurt feelings after you’re gone. With some careful planning, sibling rivalry can be avoided. Here are four suggestions for taking the rivalry out of the asset division after your gone. Sell it All If your kids can’t agree about anything, and you’re concerned about sibling rivalry during the division of your personal property, take the property out of the equation. Sell all of your property that you think your kids will fight over and place the proceeds from the sale in a trust fund. Once you’ve passed away, the trust can be divided evenly amongst your children. That way, they’ll each get exactly the same amount, which will eliminate the rivalry. Gift It Early If there are items that you know your children will want, gift those items early. Make the gifting special by scheduling dates with each of your kids. During the scheduled date, give your children the items you’ve chosen for them. Make each moment special by explaining the sentiment behind each gift. Your children will be left with a treasured item of yours, as well as a special moment that they were able to share with you. Let Them Choose If your kids have made it clear that there are certain items they want, but you’re not ready to let go of your belongings just yet, arrange to have your kids come by and mark the items they want. Place a small post-it note on the bottom of each item they choose. If an item receives multiple requests, place names in a hat and have a disinterested third-party individual draw names. Hire an Attorney If you need help planning your estate, sit down with an attorney. This is especially important if you know that your children aren’t going to come together amicably after you pass. An attorney will be able to help you create an estate plan that will ensure that your wishes are carried out after you’re gone. Planning for your passing can be difficult. Sibling rivalry among your children can make the process even more difficult. If you’re having a hard time planning your estate, use the simple tips provided above to help you alleviate some of the stress. For questions or concerns about your estate, be sure to consult with a family law attorney, like one from O’Brien and Dekker Attorneys at...

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