Common Mistakes People Make When Getting Divorced

Making the decision to end your marriage is never easy. Once you finally do, you may dread the upcoming divorce process, or feel relieved at the thought of moving forward with your life.

However, getting divorced isn’t as simple as you might think. In an effort to protect themselves from being taken advantage of by their soon-to-be ex, people are known to make serious mistakes that wind up hurting them. Below, we discuss what these most common errors are, and what you can do to prevent yourself from making the same mistakes.

Being Overly Aggressive

In an effort to “one-up” their spouse and/or protect themselves from being taken advantage of by their spouse, many people make the mistake of being overly aggressive during divorce proceedings.

There are many points of contention that must be addressed before your divorce will be finalized, including the distribution of your marital assets, alimony, and child custody or support where applicable.

When one spouse demands that they retain the majority of the marital property, custody of the children, refuses to pay spousal support, and is otherwise unwilling to compromise, things can get even more difficult than they already are.

Refusal to compromise will usually result in your case being sent to the judge, where he or she will then make these decisions on your behalf. The spouse who refused to negotiate will likely find themselves far worse off than they would have if they had worked with their spouse to resolve these issues amicably.

Focusing Too Much on Being Fair

On the other side of the spectrum, spouses who are focused entirely too much on being fair will often find themselves being take advantage of by their ex. It is completely understandable that you would want to retain certain assets and may be willing to pay spousal support to your soon-to-be former spouse when they’ve relied on you financially for a significant portion of your marriage.

However, if your spouse knows that you are willing to give them whatever they ask for to simply get the divorce finalized, you could end up with far less than you are actually entitled to, and regret it later.

What You Can Do to Protect Yourself

It’s easy to end up in either of the aforementioned situations when you’re ready to end your marriage, but you can protect yourself by getting help from a qualified attorney.

You can go over the details of your divorce with your attorney prior to discussing them with your spouse. In fact, it may be well-advised to allow your attorneys to handle your disputes so that you can remain as cordial as possible for the duration of your divorce.

Once you retain a lawyer, you’ll have the opportunity to discuss assets that you are interested in keeping for yourself, whether you’ll need to receive or pay alimony, and what child custody and support would be in the best interests of your children.

From there, your lawyer can work with your spouse’s attorney to come to an agreement that will work for everyone in the family, so that you aren’t at each other’s throats throughout your divorce proceedings.

Get Help from a Rancho Cucamonga Divorce Lawyer

When you want to make sure that you aren’t making the same mistakes we’ve described above but you aren’t sure how to do so, reach out to an experienced divorce attorney in Rancho Cucamonga who can help ensure that you aren’t taken advantage of.

Divorce is difficult enough without adding these mistakes to the mix. You can be sure that your lawyer will always be looking out for your best interests, and that of any children you and your spouse share.

Getting What You Need out of Your No-Fault Claim

You’ve survived a car accident, but you’re now dealing with accident-related injuries. You may even still be in the hospital recovering from the wreck. You know you should file a claim to receive a check from your no-fault insurance company to pay for all the accident-caused expenses you’re dealing with.

You are being handed hospital bills, you are missing time from work, and you don’t even want to think about how your vehicle looks after the crash. Maybe your car has even been totaled. What are you going to do? How are you going to get the most out of your no-fault insurance policy to see that you receive the money you’re owed?

Understanding No-Fault Insurance in New York

Filing a no-fault insurance claim in New York is easy in theory, but it can be much more difficult than people imagine. Even your own insurance company doesn’t always want to pay you what’s fair for your accident and damages.

You may not have to prove that another party was at-fault because you live in a no-fault state, but that doesn’t mean you wouldn’t have to prove other things to your insurer. You will have to prove the extent of your injuries for one thing. You will also have to prove that the medical treatment you received was “reasonable and necessary.”

Why are Insurance Companies So Difficult to Deal With?

Insurers may try to deny part of your claim, suggesting that your injuries aren’t as serious as you’re claiming. They may refuse to pay you for some of your medical bills, by stating that the treatment wasn’t necessary.

The fact of the matter is that insurance companies will do anything they can to lower your claim’s value. They want to keep as much money as they can, so they will try to pay you less.

Hiring a Lawyer to Help With Your No-Fault Claim

Unless you know a lot about no-fault insurance you may want to look into hiring a car accident attorney. Your attorney can assist you greatly in dealing with your insurance company. Your attorney can argue your case, communicate with the insurance company, and keep them from taking advantage of you.

Assistance with Your Claim From an NYC Car Crash Attorney

You might not think it’s necessary to have a lawyer help with a no-fault claim, but it’s not a bad idea to have one. Your attorney will ensure that you are paid for your medical expenses, missed wages, and other benefits your insurance policy provides.

An NYC no-fault auto accident lawyer will also see that you file all paperwork accurately, that your losses are well documented, and that the insurance company treats you fairly.

Does Sacramento Allow DUI Checkpoints?

Have you been caught in a DUI checkpoint? It can be incredibly frustrating when you’ve been ticketed for driving under the influence, but you weren’t actually pulled over because your driving was poor; rather, you were “caught” in a checkpoint.

Sacramento does allow DUI checkpoints, but there are some rules associated with them. If you know more about these rules, you may be able to avoid the checkpoints entirely, or you could fight against a DUI charge.

Fighting a charge may seem intimidating, but there’s often a way to win. If the officers at the checkpoint didn’t follow the law perfectly, you can prove that your rights were violated. Read on for more information on the rules in California pertaining to DUI checkpoints.

The DUI Checkpoint Rules in Sacramento

The following are some of the rules that California law requires those in charge of DUI checkpoints to follow.

  • The checkpoint must be in a reasonable and safe location.
  • The method of stopping drivers (e.g. every third car) must be random.
  • The supervising officers are the ones who can make operating decisions.
  • Reasonable safety precautions must be taken.
  • The time and location of the DUI checkpoint must be in good judgment.
  • The checkpoint must show that it’s an official stopping place.
  • Roadblocks must also be advertised in advance, publicly.

If the DUI checkpoint where you were stopped doesn’t adhere to these rules, then you will have an excellent case if you’re trying to fight against your DUI charge.

Fighting a DUI Charge

If you believe that something was amiss at the DUI checkpoint where you were stopped you could try fighting against your charge. There are ways to keep a drunk driving crime off your record, but you won’t be able to do so if you plead guilty to the crime. Once the charge is on your record it’s there to stay. You will be affected by your charge for life.

Negative Consequences of a Sacramento DUI Conviction

There are many negative effects of receiving a DUI conviction. For starters, the DUI can make it very difficult for you to secure good employment, or you could even lose your job if convicted. Some employers won’t even consider an applicant that has a DUI on their record, or that has any crime on their record.

Your crime could also greatly impact your finances, if you can’t get a job because of the crime on your record. It can also keep you from earning a better wage in the future.

You could also be forced to pay substantial DUI fines, and there are almost certainly license-related fees. Not to mention the cost of an ignition interlock device, which all those who are convicted of a DUI in Sacramento are forced to install in their vehicle, regardless of whether it was a first offense.

Other negative effects of a DUI conviction include:

  • Family life will be affected
  • Embarrassment/humiliation
  • Self-esteem
  • Can impact future sentencing for other crimes

Need Some Help from a DUI Attorney in the Sacramento Area?

Have you been charged with a DUI? Whether you were stopped at a checkpoint or an officer pulled you over, that conviction will change your life. Get help keeping a charge off your record by working with a DUI lawyer in Sacramento.

Strange Laws in Illinois

Every state in the U.S. has laws. It is what keeps peace and harmony in the state. Laws also make people safe. Illinois, like all states, have laws and most of them make sense. There are certain laws in the State of Illinois; however, that just don’t make sense. To learn more about strange laws in Illinois, read on.

In Normal, Illinois, it is Against the Law to Urinate on Street Signs

This law was written after what people call the “beer riot”. It occurred in the early 80’s. According to this law, residents are not allowed to urinate on street signs. There are a few things that make this law crazy. First, it is illegal to urinate on any public street. Second, to urinate on a street sign, it would take a lot of skill. In Champaign, Illinois, it is illegal to urinate in your neighbor’s mouth. This law is beyond bizarre.

In Decatur, Don’t Drive without a Steering Wheel

If you don’t have a steering wheel in your car while driving, you could be arrested. In theory, this law makes sense. However, if you know anything about cars, you know that you couldn’t possibly drive without a steering wheel. Since it would be impossible, this is a pretty strange law.

In Mount Pulaski, Snowball Fights are Sexist

In this town it is illegal for girls to throw snowballs but boys are allowed. This is a pretty sexist law which leads you to believe that it was written decades ago. On a snow day, boys can participate in a snowball fight but girls cannot. There is a good chance that the law isn’t enforced because if a boy hits a girl with a snowball, she should be allowed to throw one back.

In Bloomington, You Cannot Feed the Birds if You Live within a Mile of Downtown Square

This law makes sense in theory. If you feed the birds within a mile of downtown, they will flock to your home looking for more food. This can result is noise and bird droppings being left on people in the square. Since the police aren’t going to search residents’ yards for bird feeders, it is a pretty strange law.

It is Illegal to Hang Anything from Your Rearview Mirror

Most people buy air fresheners to hang from their rearview mirror to keep their cars smelling nice. Others hang their baby’s shoes from the mirror, and some hang big fuzzy dice. If you live in Illinois, you might want to think twice about hanging anything from your mirror because it is illegal. This is an odd law since drivers all over the country hang things from their rearview mirror.

In Galesburg, You Cannot Own a Smelly Dog

Nobody likes a dog that smells. Officials in Galesburg, Illinois hate it so much that they wrote a law that makes it illegal. It is hard to see how this law can be enforced, however. The chances that the police go door to door smelling dogs are slim to none.

You Will be Fined if You Beat a Rat With a Baseball Bat in Galesburg

Most people don’t like rats. However, they wouldn’t go as far as beating them with a baseball bat. If you are sick enough to do this and you live in Galesburg, you can be fined $1,000. It might be cheaper to hire an exterminator.

You Can be Fined for Mispronouncing Joliet

The Town Fathers in Joliet hated when people mispronounced the name of their town. Many people pronounced it, Jolly-Ette. They hated it so much that they made mispronouncing the town’s name a misdemeanor which is punishable by a $5 fine. Talk about being strict. If you do break this law and somehow you are arrested, the lawyers Hipskind & McAninch, LLC can help.

In Kirkland, Bees are Not Allowed to Fly Over the Town or Over the Street

This is a pretty strange law considering it is the bee that would be prosecuted. If a bee does fly in no-fly zones, is it taken to jail? Will it sting the arresting officer first? Is this a crime? This is a really crazy law.

In Moline, it is Illegal to Ice Skate During July or August

This law is insane, because how can one go ice skating in Moline during July and August when these are the hottest months of the year?

 

https://en.wikipedia.org/wiki/List_of_incidents_of_civil_unrest_in_the_United_States

https://en.wikipedia.org/wiki/Bird_feeding

New Mexico Personal Injury Lawsuit Checklist

People who are injured by someone else’s negligence in New Mexico have the opportunity to bring a personal injury case in New Mexico civil courts. However, if you are hurt by a government employee or agency, the situation will need to adhere to different rules that dictate tort claims against government agencies, employees and entities in New Mexico. The following article will explain the key points or rules pertaining to a case of this nature.

The New Mexico tort claims act states that government employees and entities are granted immunity from liability for any tort. However, exceptions do exist and that leads to the next question.

What Does the Act Cover?

According to this tort claims act, it insinuates that government employees and entities cannot be held liable even if they cause harm to a private person or company. However there are several exceptions and it is possible to seek compensation from the government in New Mexico if you are injured as a result of a car accidents whereby the car was driven by a government employee who was carrying out his duties at the time. You may also qualify for compensation if your injuries resulted from dangerous or defective property such as a slip and fall incidents or even a physical attack caused by inefficient security or perhaps even a physical attack by a government employee.

You may also seek compensation for medical malpractice caused by a government employee who was working in the healthcare institution. Negligence claims pertaining to maintenance of public roads and streets or construction including pictures, sidewalks, alleys and parking lots are also allowed. Compensation may also be given for injuries arising from the way of government or any of its employees working at an airport.

Since exceptions do exist for every possible scenario, meaning that there are exceptions to the exceptions, it is advisable that you read over New Mexico’s statutes and also speak to a qualified attorney or personal injury lawyer before pursuing a personal injury claim against the government.

If you believe that you stand a good chance of receiving compensation for your injuries, then your claim must be filed within two years of the date of injury. However, if the injured person is younger than seven years, at the time of injury, that individual has until his or her ninth birthday to file a claim. The rule is that if the claim is not filed within the two-year period, it will not be heard in court.

In cases of damages under the new tort claims act, the government can be expected to pay approximately $200,000 for property damage, $300,000 for past and future medical expenses and $400,000 for damages not resulting from property damage or medical bills.  Ultimately, under the new act, the government will not pay more than $750,000 to any individual for damages in any one claim. Injured parties are also not allowed to seek punitive damages in claims against the New Mexico government. In addition to bringing a lawsuit against the state government, victims of personal injury can also bring claims against the local and municipal government bodies in New Mexico.

https://www.nmcourts.gov/

https://en.wikipedia.org/wiki/Personal_injury

What is the Jones Act?

The Jones Act is a law put into legislation in 1929 and it focuses on regulating issues pertaining to the shipment of goods and people on coastal waterways in the United States. This law also gives rights to seamen (sailors) to seek damages in the event they are injured while at sea or because of their employment on a navigable vessel.

If You’ve Been Injured, You’re Entitled to Benefits

In addition to governing criminal offenses and cargo issues that take place on “vessels,” one of the most important aspects of the Jones Act is that it lays out the seaman’s rights and protects seamen legally in a similar way to workers’ compensation laws.

When a seaman is injured, he or she has a right to file a claim and recover compensation, particularly if negligence was involved in the accident.

The threshold for negligence on a vessel is very low in comparison to other types of injury cases. It’s expected that a vessel be well maintained at all times, as the nature of work aboard a moving vessel is considered dangerous.

The following are some of the types of benefits an injured seaman can receive when a claim is approved:

  • Payment of all related medical expenses and future medical costs
  • Lost income and future lost income
  • Compensation for the pain and suffering of the experience

Maintenance and Cure May Be Able to Help You

Even if you can’t prove negligence under the Jones Act, you can still receive some benefits while you’re recovering from your work-related injuries as a seaman. This is due to maintenance and cure. Your employer is expected to provide you with enough monetary compensation to pay your living expenses and your medical bills.

If You Still Aren’t Sure What to Do after Being Hurt

When you’ve been hurt in an accident and you work aboard a vessel then you have rights under the Jones Act. If you believe that some negligence was involved in your accident then you probably can receive compensation for your injuries and suffering.

For example, if your injury was caused by some equipment that was left in the middle of the deck, causing you to fall and break your leg, then you should be able to prove that negligence was the cause. A few more examples of negligent accidents aboard a vessel are as follows:

  • Grease spills on the deck
  • Poorly maintained equipment
  • Inadequate training of employees
  • Failure to enforce safety procedures

If you believe you’re owed damages for your accident you may consider getting help from maritime injury attorneys Braud & Gallagher. Attorneys will be able to examine your case and help to determine if you are owed compensation for your experience and your injuries.

Idaho Traffic Crash Statistics

Surely, you’re not surprised that car accidents are dangerous events that lead to serious injuries and death. Regrettably, some people still don’t take driving seriously and they don’t give it the proper care and attention it deserves.

Driving is inherently dangerous and everyone should drive carefully and defensively out on the roads, staying alert, and following all safety recommendations. When other drivers don’t follow the rules of the road, you can be injured.

There are some behaviors that are known to be dangerous and yet negligent drivers still partake in these risky activities. Reckless driving behaviors like speeding, drunk driving, and distracted driving are just a few of the actions in which drivers should not participate.

What are Some of Idaho’s Car Crash Statistics?

Listed below you’ll find some of Idaho’s auto crash date for 2016.

  • In 2016, 1.48 people died on Idaho’s roadways per 100 million vehicle miles traveled. This number is up from 1.30 in 2015.
  • 78% of fatal vehicle collisions occurred on Idaho’s rural roadways, although 65% of all auto wrecks occurred on urban roadways in 2016.
  • In 2016, Idaho’s observed seat belt use increased to 83%. Regrettably, only 35% of the accident victims killed in crashes were wearing their seat belts. If all the occupants of fatal accidents had been wearing their seat belts, 57 out of the 113 unbelted occupants’ lives might have been saved.
  • 51% of auto wrecks in Idaho in 2016 were attributed to aggressive driving behaviors. 83 people were killed in crashes because of aggressive driving that year.
  • 20% of crashes were caused by distracted driving in 2016. 64 auto accident victims were killed that year because of distracted driving.
  • Young drivers, ages 15-19, are still very likely to be involved in fatal or serious injury collisions. They are 2.6 times more likely to be in an accident than other drivers. 27 people were killed in Idaho in 2016 because of the involvement of young drivers.
  • 24 bicyclists/pedestrians were killed by motor vehicle crashes in Idaho in 2016.
  • In 2016, the number of motorcyclists killed decreased to 22. Just over half of motorcyclist fatalities involved only the motorcyclist, and 24% involved an impaired driver.
  • Fatal wrecks involving commercial vehicles increased to 35 in 2016.

What Do You Do if You’ve Already Been in a Traffic Crash in Idaho?

Need legal assistance? You may want to try car crash lawyer Craig Swapp for help with your car accident claim. Vehicle accident attorneys can assist you in a variety of ways.

They can investigate your accident to determine what happened and who’s to blame. They will help you gather evidence to prove your case, and will help you secure a settlement to pay for your damages. In addition, your lawyer can take your case to court if required.

Some people try to file an insurance claim without legal help. This is possible too, but it’s not usually recommended. An attorney can get the most out of your auto wreck claim in Idaho.

Denied Social Security Disability Claim: What’s Next?

If you have been denied social security disability claim: what’s next? If you are legitimately injured or disabled and feel you have been unjustly denied your social security disability benefits, your first step will be to appeal the ruling. Appeals can be lengthy processes, so you will want to file it as quickly as possible. Pursuing an appeal on denied social security disability benefits can be complicated, which is where getting SSD legal help comes in. Legal representation can help you get the benefits you need and deserve.

Three-Step Appeal Process

While legal appeal procedures vary somewhat from state to state, generally, the appeal process falls into three steps.

Step One: Requesting a Hearing with an Administrative Law Judge

After a SSD claim denial, the first step is to file a request for a hearing with an administrative law judge (ALJ). This is considered the most important part of the appeals process as it is where most claims are won. Your request for a hearing will have to be in writing or made online at the SSA.gov website. Your request will lead to you having to provide additional information regarding your disability. The hearing is an opportunity for you to present the evidence that proves you have a serious medical condition that is preventing you from working, which is why you are need of the SSD benefits.

Step Two: Appeals Council

If your claim is denied by the ALJ, the next step in the appeals process is to the Social Security Administration’s Appeals Council. This step does not involve a personal appearance; it simply involves the Council reviewing your file and the decision of the ALJ. The Appeals Council will review your request for review. The council will consider if the judge made a mistake, and you are allowed to submit new pertinent medical or vocational information that will support your claim. There are three possible outcomes from the Appeals Council: deny the appeal outright, reverse the ALJ’s decision, or send the claim back to the ALJ for another hearing.

Step Three: Appeal to the Federal District Court

If your claim is denied by both the ALJ and the Appeals Council, there is one recourse of action left available to you: appeal the ruling to the federal district court. In order to officially appeal the Appeals Council’s decision, you will have to file a civil complaint. You are the plaintiff in the case, and the defendant is the Commissioner of the SSA. If you have not already done so, this is where the help of an attorney experienced in federal court petitions should be sought out.

 

https://www.ssa.gov/disability/

https://en.wikipedia.org/wiki/Social_Security_Disability_Insurance

Delaware Injury Laws You Should Know

If you plan to file a personal injury claim in the state of Delaware, you’ll need to the help of an experienced attorney.  People file these types of lawsuits for all sorts of reasons such as car accidents, slip and fall, dog bites, and medical malpractice among many other scenarios.

Injury Laws to Know in Delaware

Whether you are planning to file a lawsuit or you’re already in the midst of one, there are a few things good injury attorneys in the state of Delaware will tell you.

There are deadlines for filing lawsuits in the state of Delaware.  In fact, there are deadlines for filing claims in each state and those deadlines may vary based on the type of situation where the injury occurred.  In Delaware, the deadline (also known as a statute of limitations) is 3 years from the date that the injury or accident occurred.

This is an important window to take note of because that is the time you have to file a claim in a civil court.  For many cases this deadline is more than enough. For example in car accidents or dog bite cases, the span of time that passes from when an accident occurs until a person feels like they need legal remedies is not that long.

In other cases like those involving negligence on the part of an entity that causes damage down the road, three years may get eaten up pretty fast.  

Shared Fault Rules in Delaware Injury Cases

In some states, the person who incurred the injury is not subject to partial fault (even if they did have some responsibility in causing their own injury).  In Delaware however, the civil courts use a comparative fault rule in cases where the injured party is found to be at least partially responsible for their own injuries.

In other words, if you were partly responsible for your own situation, then some of the blame will be placed on you and that is reflected in any damages you are eligible to recover. Using this rule, the courts reduce the amount (if any) of damages that a person receives based on their percentage share of the fault.

Claimants need to be aware of these rules before they go through with their lawsuit.  Not only will they be fully prepared for what to expect should they win but they will also be making a fully informed decision on whether it is worth their time to sue the other party.  

Special Circumstances for Car Accidents

In Delaware, when someone is in a car accident they have multiple legal rights.  For example they can file an insurance claim under their own insurance coverage or that of the at-fault driver in the accident.  They also have the right to forego filing a claim and suing the at-fault driver in court to recover damages.

Regardless of what your plans are to file a personal injury claim, these rules and procedures are something you should be aware of.  Understanding your rights and options under the law can save you a lot of headache in the future.

Vetting Attorneys for Your Auto Accident Case

An auto accident can complicate your life and put you in debt. Medical bills and car repairs are expensive, and worse, you might not have been responsible for the accident. You might already be considering hiring a lawyer, but how do you find one that’s right for you?

It can be tough, but finding a lawyer that fits your auto wreck claim will be important. You’ll need to vet the best attorney for your claim before you get started. Luckily, there are a few steps you can take to make sure you have the best attorney for your claim.

Look at Their Record

When you’re seeking the best attorney for you, check their website or search for information about them and look at the cases they’ve won. You want a lawyer with a record of successes, after all, meaning that they’re someone you can trust with your claim.

You’ll also want a lawyer with a history of getting their clients the fullest compensation possible. Their clients may have been accused of being partly responsible for the accident, and if they didn’t fight back well enough, they could lose part or all their compensation. As such, you’ll want to ensure that they get the best compensation possible for their clients.

Experience with Auto Accident Law

You should also look at their experience with car crash laws that will affect your case. For example, if they do take car accident clients, but they focus on medical malpractice, you might want to seek out someone who will give you the full attention your claim deserves.

This is especially true of states with “no-fault” laws. These claims will require a few extra steps to ensure that you’re getting the full compensation you deserve.

For example, your insurance company should offer you a settlement regardless of fault, but what if they don’t offer the full settlement you should receive, or if your injuries are especially serious? You’ll need a lawyer to help you file a claim and fight for your compensation.

Use Your Free Consult

Fortunately, you’ll have the chance to have your case reviewed and ask these questions yourself. Auto accident lawyers who offer free consultations will discuss your claim and what makes them the best option before you ever sign or pay anything.

You’ll want to make sure you have the best attorney for your claim, so speak to them before you decide. Reach out for a free consultation today and vet your potential attorneys properly.