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August 27, 2019 by

Types of Shared Custody Arrangements

If you are considering a divorce and have children, you may be worried about what type of custody arrangement you and your spouse will end up with and how your children will be raised. Years ago, most child custody cases were decided by the child living with the mother and the father having visitation. But over the past couple of decades, societal norms have changed, and it is not uncommon for both parents to have shared custody.

If you are going through a custody battle, contact a law firm to meet with a child custody attorney. They can discuss your situation and decide what your best legal options are. In the meantime, the following is a brief overview of some of the non-traditional shared custody options that many parents today are living by.

Nesting

When a couple divorces, they usually live apart from each other, each with their own home. In most custody cases, the child spends time with each parent at their individual homes, usually having a bedroom, toys, clothing, and other personal items at each parent’s home. Many child advocates agree that this arrangement can be stressful for some children because if forces them to split time between each parent’s home.

Many parents are choosing the nesting (also called bird’s nest) alternative in their shared custody arrangement. In a nesting arrangement, the child lives in one home and the parents take turns living there. When the parent is not living at the “nest” with the child, they are living in their own individual home. One thing to keep in mind with this arrangement is that it can be expensive since it means running and paying expenses on three homes.

Live together as divorce parents: Instead of living apart, some divorce parents decide to live together and continue to raise their child together. This arrangement would only work for couples who are friendly and able to get along. If there is any acrimony between the two, this would not be a good alternative. This arrangement can also be cost-effective for parents who live in areas where the cost of living is high.

Parallel parenting: If the parents are unable to get along and communicate, parallel parenting may be the best option. In this type of custody, parents treat each other as if they are in a business. When communicating, both parents are encouraged to use neutral language. If parents are unable to communicate, a third party can be chosen – not the child – who will do the communicating for them.

Contact a Custody Attorney Today

If you are going through a divorce or dealing with a custody or visitation conflict, a lawyer can understand just how stressful this can be. Having a knowledgeable and experienced child custody attorney can make all the difference in the legal results. Call a law office today to set up a confidential consultation with a child custody lawyer in Bloomington and find out how they can help you get the best possible outcome available.

Thanks to Pioletti, Pioletti & Nichols for their insight into family law and child custody arrangements.

 

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August 25, 2019 by

Being Partially at Fault for a Car Accident

Though there are some states that do not consider fault in a car accident, there are many that do. If you live in a fault state, the person who’s at fault for the accident could end up paying more out of pocket, in addition to having insurance premiums rise. What should you do if you’re partially at fault for your accident?

Determining Fault

Determining fault in a car accident isn’t always black and white. There are plenty of factors at play, and sometimes plenty of witnesses to the incident. It’s important you contact the authorities after your accident. For one reason, it’s the law, and for another reason, the responding officer will make a report that typically states whose fault he or she thinks the accident is. If the accident was determined to be your fault, you would receive a citation from the officer. If fault is given partially to both parties, each person would receive a citation.

If you feel the accident report is incorrect, you can get an attorney involved to really get down to the truth. If there were witnesses to the accident who can corroborate your story about the other driver being at fault, your attorney can help you present that to a judge. The insurance adjuster may also have an opinion about it, and that could work to your advantage as well.

Keeping Your Cool

Something else to keep in mind is your character and attitude could play a role in determining fault. If it’s really too close to tell, the police officer may use other clues to determine who was at fault. If one party is irrational, angry and pointing the finger of blame a little too dramatically, it may be a sign of guilt. Keeping your cool is an important part in looking the part of the innocent party, which is what you are.

Additionally, the other driver may have a negative driving history. He or she could have a criminal background or a history of dishonesty. Those character traits don’t typically look good for someone involved in a crash. If it’s hard to determine fault, the responding officer may consider such a history.

Get In Touch With a Lawyer Today

Whether you’re partially at fault, fully at fault or at no fault, car accidents often require the assistance of a car accident attorney. To learn more about the process of filing claims, receiving compensation and fighting an unfair ticket, get in touch with a car accident lawyer today.

 

Your attorney, like a car accident lawyer in Longwood, FL, can help you navigate this difficult matter.

 

Thanks to David & Philpot, P.L. for their insight into personal injury claims and protecting your rights after an accident.

 

Filed Under: Uncategorized

August 25, 2019 by

What To Do After an Accident if You Are Pregnant

If you were involved in a car accident, it is important to carefully evaluate your health. It is very easy for serious injury to occur in car accidents, so you cannot afford to shrug it off without taking the proper steps. If you are pregnant, then this is even more important. Learn what steps you should take if you are involved in a car accident, and what you should do differently if you are pregnant.

What You Should Do

First, learn what the best practices are for someone who is not pregnant. It is not completely essential that you visit the doctor, however you should be very open to the precaution. If you notice anything wrong, no matter how minor it is, you should immediately schedule an examination.

Right after the accident, you should examine yourself for any blood. If you are bleeding, you should call 911 and go to the hospital in an ambulance immediately. You should take this precaution if you suspect you have any broken bones too.

A few minutes after the accident, you should evaluate whether any symptoms are persisting. It is normal to be dizzy or to ache right after an accident. However, these symptoms should go away in a few minutes. If they do not, you should seek medical attention. Taking an ambulance is only necessary if you think your condition is bad enough that you cannot safely drive yourself. Do not attempt to drive if you are dizzy, lightheaded, or mentally impaired in any way.

A few days after the accident, any persisting pain should be checked out by a doctor. By this time, any surface level injuries, such as bruising or aches, should already be healing. Many people opt to visit a doctor after an accident, regardless of how good they feel. This is good practice, but it is not completely necessary.

If You Are Pregnant

If you are pregnant and involved in an accident, then you should always visit a doctor. If you do not have any broken bones or are bleeding, you can afford to visit your trusted obstetrician. If your injuries are severe, take an ambulance to the nearest hospital instead. Luckily, it is actually very uncommon for fetuses to be injured in car accidents. However, it can happen, so you should always be checked out immediately.

While it is likely an afterthought to you, if the accident was caused by the other driver, you should also consider the potential of filing a personal injury lawsuit. Speak with an attorney, like a car accident attorney, to learn more.

Filed Under: Uncategorized

August 25, 2019 by

Life After Bankruptcy: Applying for a Credit Card

Credit Card Lawyer

You’re filing for bankruptcy, but you want to know how hard of a hit you’re about to take. Will you still be able to apply for a credit card? Will you be able to rebuild your credit score. Here is what you need to know about applying for credit after a bankruptcy.

Can You Apply for New Credit Cards?

Absolutely, you can apply for new credit cards when your bankruptcy is finished. Keep in mind that you will receive a formal discharge within a few months of filing. Once that is through, you can technically apply for new credit cards. Now, it will not be that easy, of course. When you file for bankruptcy, it will be on your record for 10 years. This means that credit card companies will see your bankruptcy and make a decision based on that. If you recently filed for bankruptcy, creditors may be less likely to offer you a credit card.

Your credit score also takes a hit after you file for bankruptcy. It’s important to remember that because you may not qualify for the same credit cards that you used to. It will be more difficult to find a credit card and you may see higher interest rates than you did before. While you can apply for credit cards, it may not be easy and you may not have the same qualifications.

Are There Hard Time Limits?

There is no hard time limit when it comes to applying for credit cards. This does not mean that it isn’t smart to wait, however. When you apply for a credit card, it also affects your credit score. It is better to wait until you have a better chance to receive the credit score, or else you negatively affect your hurting credit score for nothing.

Creditors pay attention to when you filed for bankruptcy. If you filed recently, they are less likely to give you the credit card. After all, you could not pay your bills recently, they have no reason to believe that you can pay them right away. It’s important to wait until you have a more stable income and the ability to pay off your credit cards.

When it comes to filing for bankruptcy, your financial future is not over! In fact, you will usually be able to bounce back within a few years. A credit card lawyer can provide you with advice on how to deal with creditors and your bankruptcy. Contact a lawyer as soon as possible.

 

Filed Under: Uncategorized

August 25, 2019 by

Insurance Coverage for Bicycle Accidents

A bicycle accident can involve a collision between you and another bicyclist, a pedestrian, or an automobile. If a car is at fault for crashing into you, the liability is fairly straightforward and you should be able to recover damages from the driver’s insurance company, just as you would if you were a pedestrian or the driver of another vehicle. However, if you were at fault for a bicycle accident, the issue of insurance coverage becomes somewhat more murky. This article is an attempt to clarify.

Collision With Another Bicyclist or Pedestrian

If you cause a bicycle accident and there was no motor vehicle involved, then it is not your auto insurance that covers your liability. Rather, it is your homeowner’s insurance or renter’s insurance. These types of insurance cover you if you accidentally cause bodily injury or property damage to others while riding a bike or participating in any other sporting activity. This coverage applies even if you are not on your own property at the time that the accident occurs. For more detailed information, you can review the liability section of your homeowner’s/renter’s policy.

Keep in mind, however, that if you sustain injury in a bicycle accident that you cause, you cannot file a claim with your own homeowner’s or renter’s insurer. This is because of a rule that states that you cannot be liable to yourself. In this instance, however, your health insurance should cover the costs of any medical treatment you require.

Collision With a Motor Vehicle

If you cause a collision between your bicycle and an automobile, your liability coverage depends on your insurance policy. Some auto insurers extend liability coverage to you when you are on your bicycle and collide with a motor vehicle, the rationale being that the crash still qualifies as an auto accident. With other insurers, however, you are only covered in an accident in which you were driving your car, and the policy does not extend to your bicycle.

You should check your auto insurance policy to see if your liability coverage extends to bicycle accidents. If it does not, the same coverage from your homeowner’s or renter’s policy described above should apply.

Collision With a Motor Vehicle in a No-Fault State

If you live in a no-fault state, you are usually required to purchase personal injury protection coverage as part of your auto insurance policy. PIP may cover you in the event of a bicycle accident, but again, you should check your policy to be sure.

Coping with the aftermath of a bicycle accident can be a challenge, but it is not insurmountable. A bicycle accident lawyer in DC can answer your questions regarding insurance and liability. Contact a law office for more information.

 

Thanks to The Law Office of Frederick J. Brynn, P.C. for their insight into personal injury claims and insurance coverage for bicycle accidents.

 

Filed Under: Uncategorized

August 24, 2019 by

What Is Underinsured Motorist Coverage?

A car accident is alarming, especially if you suffered damage. If you are injured, the inconvenience may be outweighed by pain, suffering and loss of income. If the at-fault driver does not have enough insurance coverage to pay for your damages, you may have to shell out money for an accident that was not your fault. Take a look at why underinsured motorist coverage may be beneficial to add to your policy.

Is Underinsured the Same as Uninsured?

Insurance terms may be confusing, especially when you aren’t familiar with them. There are two types of coverage options that function similarly but kick in at different times. Uninsured Motorist coverage, or UM, triggers when the at-fault driver does not have any car insurance. While most states require drivers to carry some minimum auto insurance policy, but this does not mean everyone follows the law. If you get hit by someone with no insurance, and you don’t have UM, you may be on the hook for all the damage.

Underinsured Motorist coverage, UIM, triggers when the at-fault driver has some insurance, but the coverage is too low to cover all of your damage and injuries. Some states require drivers to have UM and UIM policies, while others do not. There are also UM and UIM policies that cover just medical care as most basic UM and UIM policies only cover damage to the vehicle. Both of these types of coverage require an additional fee.

What Does Underinsured Motorist Coverage Do for Me?

UIM policies may be beneficial to carry as they can cover the gap between the type of insurance the other driver has and your policy. You may pay monthly for higher policy limits than the other driver, and as such, you would like to access them. When the other driver causes the accident and has policy limits that are the bare minimum, your UIM benefits will kick in and cover the difference between your policy and theirs. It is a good idea to consult your carrier for any state-specific parameters concerning UIM and UM coverage.

Why Is Underinsured Motorist Coverage Important?

When it comes to dealing with an underinsured motorist, you may find yourself frustrated and angry. You carry insurance that would more than pay for your damage, but because the other driver has the bare-bones policy, you wind up coming out of pocket. UIM coverage may wind up saving you some of the stress that goes along with an accident.

After an accident, you may want to check in with a car accident lawyer for guidance. A car accident lawyer in St. Paul, MN can help raise issues and options you may not have thought about to improve your situation.

 

Thanks to Johnston | Martineau, PLLP for their insight into personal injury claims and uninsured car drivers.

 

Filed Under: Uncategorized

August 24, 2019 by

What Is Gifting?

Giving family members large gifts may fall under some tax laws which you should be aware of before giving away some of your assets. A gift includes money, property, or other assets that you give away to someone while receiving little (less than fair market value) or nothing in return. When certain circumstances are met, you could be liable for gift taxes if you exceed your state’s annual or lifetime gift exemption amount, to that individual.

Gift Tax

The person you give a gift to does not need to report it as income, as you are liable to pay taxes if you reach your annual gift threshold. As of 2019, this amount was $15,000 and applies to each individual you give a gift to. So, if you give three children $15,000 in one year, you will not have to pay the gift tax. If you and your spouse gift $30,000, you will also not have to pay the gift tax because you can combine your exemptions.

For each individual you give a gift to, you cannot exceed $11.4 million, for 2019, in your lifetime. Any amount over $11.4 million will be subject to the gift tax. These tax rates range from 18 to 40%.

It’s also important to note, that if the person you gift an asset to decides to sell it after it has appreciated in value, they should only have to pay income tax or capital gains tax on the amount it appreciated by.

Generally, your gifts may not be deducted from your income taxes, unless it was a valid charitable contribution that does not exceed the annual charitable gift amount.

Strategize

One reason to give a significant gift to someone, would be to decrease your estate below the estate tax limits for the time being. The exemption is also $11.4 million, so you could gift enough to put your estate value below the estate exemption limit to avoid taxes for a while. This amount will be taken out of your lifetime exemption limit, as the gift tax and estate tax exemptions come out of the same $11.4 million.

Exceptions

There are a few gift tax exemptions to be aware of, since these can amount to significant sums of money that do not affect your lifetime or annual exemption limits:

  • Education expenses
  • Medical expenses
  • Gifts given to your spouse unless they are not a US citizen, in which case you can only gift $152,000 per year
  • Gifts for a political organization
  • Items given to a dependent

If you’re unsure about how to use the gift tax exemptions to your benefit, or you want to start giving donations to a charity and are not sure how to structure the payments, consult with an estate planning lawyer. They understand federal and your state taxes and can help ensure your gifting actions are lawful and with minimal or no tax payments.

 

Filed Under: Uncategorized

August 23, 2019 by

9 Common Reasons for Divorce

Personal Injury Lawyer

It’s not a secret that divorce is common among couples in the United States. We’ve all heard the phrase “fifty percent of all marriages end in divorce”. And while that statistic is a bit inflated, the fact of the matter is that people are still getting divorced and for a variety of reasons. Here are 9 common reasons couples give as a reason for divorcing their spouse. 

Infidelity

It is a shock to no one that one of the main causes for divorce is infidelity. Infidelity has been happening since the beginning of time. It’s mentioned in the Bible as one of the few reasons someone is able to leave a marriage. Today, in some states, you can actually use infidelity as a means to get a higher settlement (called an “at fault” divorce). 

Finances

Finances are difficult to manage by yourself let alone with another person. If you and your spouse have different philosophies on how to manage money, you are in for a world of trouble. Money tends to be one of the major things that divide us. It can sometimes make us greedy and act in ways we wouldn’t normally act. That’s why finances in one of the major causes of divorce. 

Too Young 

Even though the marriage trend is suggesting that people are getting married older, there are still couples that get married too young. “Too young” can also mean not yet ready for marriage, regardless of your actual age. 

Substance Abuse

If one spouse is struggling with substance abuse, it may be something the other spouse has a hard time dealing with. People who suffer from substance abuse could be emotionally or physically abusive or mentally unstable. 

Wrong Reasons

Getting married for the wrong reasons is a recipe for disaster. If you are only in it for the money or green card, and you aren’t willing to commit to this person, it will be a difficult marriage. 

Losing yourself 

If married couples aren’t careful, they can lose sight of who they are as individuals. Couples can get wrapped up into being a couple and forget about the things they loved to do as a single person. This can lead to resentment towards each other and ultimately a failed marriage if not handled. 

Hard to resolve conflicts 

Constantly fighting and unable to come to an agreement is another common reason for divorce. If couples don’t respect each other’s viewpoints and aren’t willing to compromise, then they will not be able to be happy. 

Lack of commitment 

Many couples suffer from the issue of one or both spouses lacking commitment to the relationship. They aren’t able to put in the work it takes to keep a marriage successful and it ultimately tears them apart. 

Growing apart 

One of the most common reasons is that couples simply “grow apart”. They can’t put their finger on the reasons why, but they have fallen out of love with each other. Many times, this is an amicable split. 

If you are experiencing or have experienced one of these reasons for divorce, then reach out to a partnership dissolution lawyer. They can help you put together a case to help get what’s best for you. Call today. 


Filed Under: Uncategorized

August 21, 2019 by

Who You Can Sue for Medical Malpractice

Were you recently the victim of medical malpractice? Perhaps you saw a physician to help you with a health problem, and came out with one or two more. You should never be accountable for such a situation, so who should be held accountable? It can get tricky if you don’t understand medical malpractice, which is why contacting a lawyer to assist you should be the first thing you do.
The Hospital
You can sue a hospital for medical malpractice if the staff was negligent in providing you a certain standard of care. Hospitals are required to make reasonable inquiry into the training and licensing of any staff professionals they hire. This includes doctors, nurse practitioners, nurses and other medical staff. If someone is injured by one of those staff members and an investigation shows the hospital did not make reasonable inquiry on that professional, that could be a reason to sue.
Hospitals are also required to have a certain number of staff members clocked in at all times of the day and night. If someone is injured or becomes ill during a time at which there was not adequate staff, the hospital could get sued.
A Physician
In many hospitals, physicians are contracted for their services. Rather than being actual employees, they employ themselves and essentially “rent” space at the hospital. While the hospital does still have a duty to complete a reasonable inquiry, the hospital can often not be held liable in a situation in which one of these contracted physicians causes illness or injury. Instead, you would sue the physician him- or herself.
A Pharmaceutical Company
Pharmaceutical companies have a duty to ensure drug safety when used properly. They have to know and understand risks, side effects and dosage information, and accurately portray that to pharmacists and physicians. If a drug is put on the market before these things are done and an individual becomes injured or ill because of it, the pharmaceutical company may be sued. If the pharmaceutical company did everything necessary, but the individual still became sick, it would be worth looking into the prescribing physician and whether the medication should have been given to that particular patient.
Contacting an Attorney
If you were injured or became sick at the hands of a medical professional, you don’t have to figure it out on your own. When you feel you could have a case for medical malpractice, contact a medical malpractice attorney today to learn all you can about your specific situation.

Filed Under: Uncategorized

August 21, 2019 by

Keeping Credit Cards After Filing Bankruptcy

Filing for bankruptcy, such as a Chapter 7, can be a difficult and lengthy process, especially if you have complex finances. At the time you file, if you hold a balance on any of your credit cards, they will be listed among your debts. Credit cards can be a great tool for unexpected large purchases and emergencies, so you might be wondering whether you’ll be able to keep any of them after your bankruptcy.

Keep Old Cards After Reaffirming Balances

The good news is that some credit card companies do allow you to keep your card, if you reaffirm the balance and sign a new agreement. So, you must be absolutely sure that you need this card because you will continue to be responsible for the balance. Of course, if the balance is small, this may not be a bad option.

You can usually keep credit cards that you hold a zero balance on, but if they find out about your bankruptcy, they may increase your interest rates. There is also the possibility of them reducing or eliminating your account as well.

Obtaining New Credit Cards After Bankruptcy

If you decide to let go of your cards in the bankruptcy, it might be difficult to acquire new ones later since your credit score will take a hit. There are alternative options to help you through this recovery time, which could take six months to one year.

  • Co-signed credit card: If you know someone who is willing to put their good credit score on the line for you, you may be able to acquire a regular credit card using their creditworthiness. This way, if you cannot make your payments, your co-signer is liable to do so, thus limiting the credit card company’s risk of a loss.
  • Secured credit card: A secured card functions like a debit card, where you are required to provide the company with a cash deposit equal to the amount of your credit line. You then use this card like a normal credit card, allowing you to build your credit score back up while eliminating the risk to the credit company. If you pay all of your bills on time and upgrade to a regular credit card, the company then gives your deposit back. It is recommended that you keep your balance below 20 or 30% of your limit and pay it off every month to speed up your credit healing.

Remember, even under the extreme circumstances of filing for bankruptcy, you still have options and plenty of time to recover. Starting fresh is sometimes the best decision. Consult an experienced bankruptcy lawyer in Melbourne, FL if you are uncertain about what you should do to improve your financial situation.

 

Thanks to the Law Offices of Arcadier, Biggie & Wood for their insight into bankruptcy law and credit cards after filing for bankruptcy.

Filed Under: Uncategorized

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