Anyone who has been through a divorce before, can understand the immense emotional and financial toll it can have on a person. One of the best ways to get through such a challenging time is to educate oneself on every step along the way, along with knowing who to hire that can help smooth things out. Of course, most people assume that acquiring an attorney during divorce can be very helpful. Another role that many spouses may not realize can be essential during divorce arbitration, is hiring a court reporter to document what was said. 

Here we have talked more in-depth about why hiring a court reporter for a divorce arbitration may be in your best interest: 

Why Arbitration May Be Preferred

Most spouses probably agree that attending court over their divorce disputes is not something they want to do. So another option could be to attend arbitration with a court reporter, attorney, and arbitrator to assist. The intention of arbitration is to hopefully resolve differences in a private setting, compared to a public courtroom. 

Hiring an Arbitrator

The divorcing spouses and their attorneys choose and agree upon which arbitrator to hire. The arbitrator is then informed in the meeting about the issues which are preventing resolution. After the private hearing, the appointed arbitrator ultimately renders a decision. The benefits to using divorce arbitration can include: 

• The divorcing couples can choose who they want to be the arbitrator, versus attending court they are not able to select the judge themselves. 
• The divorcing couples have a choice to appoint an arbitrator who has experience specific to type of dispute (taxes, real estate, child custody, etc).
• The divorcing couples can pick the location, date and time of the hearing.
• The divorcing couples can feel more comfortable in a private setting that is confidential and less formal. 

The Importance of a Court Reporter

Court reporters are responsible for creating written recordings of legal proceedings, including depositions, court trials, mediation, arbitration, and more. Court reporters can work in a variety of settings including private, court, or government matters. Court reporters are often quite skilled in language and can type rapidly, in order to capture what is being said in the moment. 

A court reporter may use a stenographer machine or voice writing to translate words into official transcripts. The importance of using a court reporter is to be able to have a document to review if disagreements or other issues arise after the legal proceeding, which helps prevent “he said, she said” arguments.

Confidentiality and Neutrality in Divorce Arbitration

Because court reporters commonly work in the legal field, they understand the weight of keeping matters confidential. A court reporter will not discuss what is said during divorce arbitration with any other individual or entity afterward. They are also familiar with remaining neutral, and can act as an unbiased third party without displaying any external signs of emotion during the proceeding. Remaining neutral is imperative to ensure there is no bias in the official written transcript. 

What to Do After a Taxi Accident

Car accident fault is never easy to sort out. This may seem even more daunting if you are in an accident with an Austin Cab Company driver. Do you file a claim against the driver or the company? Here is everything you need to know about handling an accident with a cab.

Taxi Passengers

If you’re in a cab when the driver hits another vehicle, what can you do? As a passenger of a vehicle, you have a stronger case than the drivers do. You do not have to prove liability. Now, you will have to know who you can file a claim against. As a passenger, you file a third-party car insurance claim or a lawsuit against one or both of the drivers. It is up to the drivers to prove who was liable for the accident.

Other Vehicles

If you’re driving another vehicle when a cab hits you, then you should treat the accident as you would any other car accident. If you’re able to, you should take pictures of the scene and speak to witnesses about the incident. You should also file a police report and make sure that you see a medical professional right away. You don’t want to wait around, even if you feel like you didn’t suffer any serious injuries. Some patients will not feel the extent of their injuries until later. Likewise, some develop later.

The case itself works like any other car accident. You have to determine who is at fault. If the cab driver was negligent, then you have a case against him or her. When it comes to filing a claim, all cab drivers have insurance. In some instances, you may be filing a claim against the cab company itself, whereas other claims may be against the driver. It depends on if the driver was working for the cab company at the time of the accident.

When it comes to the Austin Cab Company, you can treat the car accident the same way that you would with any other driver. The differences may be in who is liable for the damages after a wreck. If the driver was working for the company and ferrying a passenger, then odds are, you will be able to file a claim against the company itself. However, if he or she was not on the clock, then it is up to the driver to prove liability. If you’ve been in an accident involving a cab driver, then you can always consult with an auto accident lawyer in Trenton, NJ.

 

Thanks to Davis & Brusca for their insight into personal injury claims and what to do after a taxi accident.

 

Common Alimony Myths

In a divorce, a judge may order the spouse who earns a higher income to pay the other spouse alimony. This money is intended to help the spouse with fewer financial resources pay rent, utilities and other necessary bills. However, there a lot of misconceptions about alimony floating around. Family lawyers discuss some of the most common alimony myths.

Alimony Will Last Forever

Some individuals make the mistake of believing that alimony will go on forever. However, alimony is most certainly not permanent. It’s meant to supplement a person’s income and will likely decrease over time. There several instances where alimony can be terminated. For example, if the recipient spouse is living with another partner or has had a dramatic increase in income, the judge may choose to end alimony payments.

Adultery Has an Effect on Alimony

If your spouse cheated on you during your marriage, you may feel like he or she owes you more alimony. However, courts no longer use alimony as punishment. They generally don’t care if your spouse was unfaithful throughout the marriage and won’t use that against him or her when determining alimony payments.

Alimony Will Help a Spouse Maintain a Standard of Living of His or Her Marriage

There are many spouses who think that alimony will let them maintain the standard of living they had when they were married. They believe they’ll still be able to go on vacations, eat at expensive restaurants and buy designer clothes with alimony. However, when the courts say standard of living, they are referring to basic needs, like housing, food, utilities and health insurance.

Alimony Can Be Used However the Recipient Wants

While it would be nice if you could spend your alimony money how you see fit, it doesn’t work that way. The court wants you to use the money to improve your life, not use it for frivolous purchases. If the judge found out that you have been spending your alimony on shopping sprees and not using it toward necessary bills, for example, he or she may choose to eliminate it.

Alimony Is a Right

Alimony is not mandatory in divorces. The courts will look at several factors before determining if a spouse should receive alimony or not. For example, if a spouse has marketable skills and a well-paying job, he or she might not receive spousal support.

As you can see, there are quite a few myths about alimony. If you are currently going through a divorce and expect to receive alimony, you may want to consult with a family lawyer as soon as possible. He or she can evaluate your case and help you determine how much alimony you should expect to receive.

Most family lawyers offer free initial consultations, so there is no risk to scheduling a meeting with one. A divorce lawyer in Fairfax, VA can make you aware of your options and answer all of your questions.

Thanks to May Law, LLP for their insight into family law and common myths about alimony.

 

Personal Injury Lawyer

When we hear the term “bankruptcy” many people believe this means you declare to the government that you have no money, and your debts are simply eradicated. As an attorney may tell you, this isn’t quite the case. In fact, just because you file for bankruptcy doesn’t mean all your debts disappear forever. Also, bankruptcy sometimes comes along with stigma, so people may be afraid to look into it further when they are struggling with finances.

Here are seven signs that it may be time to book an appointment at our firm, to see if filing for bankruptcy is in your best interest: 

#1 You Have Several Types of Debt

Bankruptcy can provide relief for people who are dealing with debts of various types, including credit cards, medical bills, college education, and more. It can be challenging, if impossible, to divide your earnings into multiple directions at once while still affording expenses for necessary living. 

#2 You Aren’t Able to Pay Minimum Monthly Payments

Having to make payments late isn’t the best case scenario, but if you aren’t able to keep up with monthly debt payments at all, then you are only digging yourself into a deeper hole. If your income isn’t keeping up with how many payments you need to fulfill each month, it’s time to revisit your financial situation. 

#3 You Aren’t Due for a Raise Anytime Soon

Those who are struggling with debts may find relief if they anticipate a raise, promotion, or job change into a field with more earning capacity. However, if you don’t see an increase in your near future and the debts keep building up, then you may want to talk with an attorney about whether filing for bankruptcy is right for you. 

#4 You Have Been Served a Lawsuit

Eventually, someone who is in a deep amount of debt may face a lawsuit from a creditor or other person about recouping what you owe. If you have recently been served a notice regarding a lawsuit, we suggest calling our office immediately about what to do next. We can evaluate your circumstances and figure out a plan for protecting you as much as possible. 

#5 You Cannot Pay Debts Within 5 Years

After some budget calculating, if you see that you aren’t able to pay off the debt you owe within five years, then it may be time to consult with an attorney about how bankruptcy can benefit you long-term. 

If you want help with submitting the paperwork for bankruptcy, or aren’t sure if it’s right for you, then we can provide support. We can understand the pressure you may feel on a daily basis knowing that you have an exorbitant amount of debt waiting to be paid off. Contact us today to book your consult with a bankruptcy lawyer in Melbourne, FL before your debts start stacking up even higher. 

 

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Thanks to the Law Offices of Arcadier, Biggie & Wood for their insight into bankruptcy law and if it is the best option for you.

Medical Malpractice Attorney

Medical malpractice cases have become some of the biggest in the media. Verdicts handing down millions of dollars in instances where a doctor or hospital was found guilty of negligence have made headlines around the world and rightfully so – that is a lot of money. Over the years, there have been rumblings throughout the legal system about making some changes to the way malpractice cases are handled and the rules governing their outcomes. Obviously, as with many things, there are pros and cons to the proposals floating around.

Reasons Why the Malpractice System Needs Revamping

There are personal injury cases you can probably recall that seemed excessive and non-sensical. These lawsuits are considered to be frivolous, and they, more than anything, are the driving force behind reforming the tort system. When someone gets hurt and files suit, there may be little reason to blame someone else. However, because there was one aspect of the defendant’s process that could be considered negligent, the plaintiff winds up winning and getting a windfall settlement.

Tort reform aims to cap damages for lawsuits that are filed and intend to strong-arm doctors, hospitals, clinics and the like into settling these frivolous suits. Damages awarded in these instances can wipe out reserves and cause the price of malpractice insurance to climb substantially. Doctors argue that this rising cost is deterring people from entering the medical field in certain specialties that may be more susceptible to malpractice suits than others.

Arguments Against Widespread Tort Reform

On the other side of the pro-reform group are those who say the system does not need to be fixed. The majority of people on this side of the issue are personal injury attorneys who say doing anything to cap damages or change the legal standards will hurt people who need the most help. Even doctors admit that they are fallible and make mistakes, so why not allow the people most hurt by these errors recover monetary damages to help them?

Limiting medical malpractice litigation also lets doctors and big medical corporations off the hook, so say those against reform. Changing the system can only benefit those who are currently most impacted by it – those whose negligence causes injury. Therefore, any revamp would only hurt patients further while helping the big business causing the damage.

Medical malpractice reform is part of a more significant issue of tort reform. If you feel like you are entitled to recover money from a doctor or hospital that was negligent, a personal injury lawyer, may be able to help.

Your car accident case is finally resolved! This may mean that you settled out of court or it may mean that you won your trial. Whatever the case, when you win your car accident settlement, it is normally a moment to celebrate. This is one of the first steps to watching your life return to normal. This isn’t the end of the line, however. You still have to collect your settlement! If this is your first trial, you probably don’t know how you’ll receive the money. Here is what you need to know.

Out of Court Settlements

If you settled out of court with an insurance agency, then it is going to be a lot more straightforward for you. Insurers will almost always pay the settlement once the agreement is in writing. Now, if you happen to settle with the other driver and he or she is not insured, you may have more difficulties collecting. Keep in mind that if a driver does not have insurance, odds are he or she does not have the money to afford to pay the settlement. There are ways that you can collect, however. Depending on the state’s laws, you may be able to file a lien on his or her property. When dealing with uninsured drivers, collecting may be more difficult.

In Trial Verdicts

If you went to trial, then you still have to consider whether or not you are dealing with an insurance company. If you are dealing with an insurance company, then you will most likely get your award quickly. If you filed a suit against an uninsured driver, however, he or she may still refuse to pay. Now, you can always return to court to force the person to pay. Most insurance companies will pay quickly and will not fight the verdict. Now, an insurance company and at-fault driver are allowed to file an appeal if they do not agree with the verdict. This could cause you to have to wait longer for your compensation.

After you win your verdict, you probably want to see the money as soon as possible. You may not always receive it quickly, unfortunately. Finishing a trial can be a relief. Most people are glad for it to be over, but when it comes to receiving your money, depending on who you filed a claim against will determine how quickly you receive your settlement. 

Do you have to contact the police after every car accident? What if it was just a little fender bender and you could quickly be on your way without involving the police? While it may seem like a good idea at the time, realize it’s smart to have police presence at the scene of every accident.

Obtaining a Police Report

In most cases, in order for the insurance claims process to run smoothly, you’ll need a police report about the incident. Of course there’s the claims adjuster who will assess the situation, and there could be witnesses as well, but an official report tends to hold up well against differing statements. Should you end up going to court with a lawsuit, the police report could offer proof you weren’t at fault.

Perhaps you feel the accident was obviously the other driver’s fault, and he or she even admitted it at the scene. Even so, stories change, and drivers will sometimes say untruths to keep their premiums at a minimum. They could also be coaxed by their insurance company so the claim is lower and liability remains low as well. The police report can show otherwise.

Another situation could be that the other driver offers you money to stay quiet. Perhaps he or she already has a criminal record or higher premiums because of previous traffic infractions. Call the police anyway so you can obtain the report you need.

Keeping the Peace

Not every driver and passenger will be cool and calm after a car accident. If it begins to get out of control, a police officer can encourage peace. Drivers who get aggressive can be handled properly, and injured individuals can be comforted and taken care of.

Fulfilling a Legal Responsibility

Many states have laws regarding contacting the police and filing a report following a car accident. You’ll need to fulfill that legal responsibility so you don’t find yourself with a fine or jail time. If you are injured to the point you can’t contact authorities, you should have someone do it for you.

Getting in Touch With Your Attorney

After you have taken care of your legal responsibilities and received the medical attention you need, contact a car accident lawyer in Tarzana, CA. Your injuries, the damage to your car, lost wages and other damages will need a good look by someone qualified to do so. With your lawyer’s help, you can move forward with the insurance claims process and possibly a lawsuit against the other driver.

 

Thanks to Barry P. Goldberg for their insight into car accident claims and contacting the police after an accident.

 

Car Accident Lawyer

A living will is also known as an advanced directive. These documents specify your wishes regarding medical treatment if for some reason you become unable to speak for yourself, whether through accident or illness. While many people avoid writing a living will, preferring to assume that everything will always be OK, a living will is a beneficial tool for protecting and ensuring your rights are sustained, even if you become incapacitated. Therefore, before you decide against creating an advanced directive, you should consider the following four things.

1. Make Your Wishes Known

Living wills are a legally binding way of making your wishes known and ensuring you get the medical care you desire. Therefore, most of these documents have areas where you can refuse unwanted treatments and define your choices for end-of-life care. Also, you are given the opportunity to specify a medical power of attorney, who makes any decisions beyond the scope of your advanced directive.

2. Protect Your Family

When accidents or sudden illnesses occur, it can be difficult for those you love, especially when they are forced to make decisions on your behalf. Therefore, a living will can reduce the level of anxiety and stress and helps to protect your family by reducing arguments and making medical decisions somewhat easy.

3. Ensure Doctors Don’t Follow Their Idea of Treatment

Medical professionals are in the life-saving business, and their desire to save lives can sometimes be to the detriment of the patient. While it is honorable to want to preserve life at all cost, there are instances when a patient may prefer limited intervention. Therefore, an advanced directive gives permission for authorized treatments only, allowing your wishes to be first and foremost.

4. Reduce Financial Concerns

While it is hard to acknowledge, money is a concern when it comes to medical intervention. There have been instances where a patient is placed on long-term life-support despite being pronounced brain dead. Families want so desperately to hang on to hope, and will often do so regardless of the rising costs. Therefore, a living will can protect your family from the potential financial pitfalls of end-of-life care.

The decisions for an advanced directive might be uncomfortable, but the benefit of having a living will in place is possibly one of the greatest things you can do for your loved ones. A living will is a legal document, and as such, you may find great value in consulting with an experienced Memphis estate planning lawyer before making any final decisions.

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Thanks to Patterson Bray for their insight into estate planning and reasons to consider a living will.

Personal Injury Lawyer

As an attorney has seen many times before, parents who split up can become completely at-odds against each other and then have to fight for custody of their children. This legal dispute can be emotionally painful and stressful, as you both gear up to do what you can to win child custody. However, it is important that you keep your emotions reasonably controlled and obtain counsel from a family law attorney, so you can learn about how to be strategic during this time.

Here are several strategies that an attorney may advise using, depending on the circumstances of your child custody battle. For more information on how they can help you in your specific situation, please contact a law office right away. 

Try to Settle Out of Court, If Possible

Many parents may not know that settling child custody outside of court is possible. Going to trial can be exhausting and also costly on the checkbook. Also, you really never know what a judge is going to decide. Even if you think you have a strong case in court, there is no surety that the judge will see it the same way as you. An attorney suggests trying mediation first. But, if the other parent has been violent in the past or threatening, then mediation should not be an option. 

Eliminate Drama for the Benefit of Children

When parents get into a verbal brawl, this can have devastating impacts on the children. Many parents don’t realize how much arguing even without becoming physically violent, can damage a child’s well being for the long-term. Do not have disputes in front of your children, do not pin them against their parent, and don’t tell them what is happening in court. 

Remain Factual and Objective

An attorney may encourage you to consider whether the judgement you are fighting for is actually what will be in the best interest for you and your children. Ask yourself if you are fighting just to win against the other parent, or if you firmly believe what you want will be beneficial for all involved. 

Fight for the Right Reasons

A very good reason to engage in a difficult custody battle is if you want to ensure your children are protected from an abusive parent. If your former partner has ever been abusive or neglectful when it came to yourself or children, then you must notify your attorney about this immediately. They can help you gather the appropriate paperwork and protections to see that you are safe from harm. 

Please do not fight an intense child custody battle by yourself. Call today for a consultation, so they can go over what is going on and offer advice for a course of action in getting custody of your children.

Car Accident Attorney

Temporomandibular Joint Disorder, also known as TMJ, can occur after a traumatic accident affecting a person’s jaw. For example, if you were recently in a car accident and your head hit the steering wheel of the car, smashing your jaw, you could experience severe pain and lasting symptoms. If you were in a car accident and your dentist has diagnosed you with TMJ, you may be wondering how a dentist can help you with your injury. Dentists have helped many patients in these circumstances before and can walk you through the symptoms of TMJ pain and the type of treatment we recommend. Further, you may be working with an attorney if the car accident you were involved in was the result of someone else’s negligence. When this is the case, let your dentist know how you got your injury so they can write up the necessary documentation for your legal case.

What is TMJ?

Most people who have TMJ think that it must be the result of previous dental issues, not necessarily from a traumatic event like a car accident. However, understanding what TMJ is can help you understand how you got it and what the best treatment is. Your mouth has a temporomandibular joint and this is essentially a “hinge” that attaches your temporal bones and your jaw together. It is necessary to have this in working order so you can do regular, routine things, such as yawning, chewing, talking, and moving your jaw around. When you are not suffering from TMJ, you should be able to do any of these activities without pain or discomfort. However, the symptoms of TMJ are often confused with arthritis.

Common Symptoms

•     Clicking of the jaw
•     Pain when moving your jaw
•     Swelling
•     Inflammation
•     Your jaw getting stuck

Do I need to hit something with my jaw to have TMJ?

No. Many of our patients are surprised to learn that you do not have to hit the steering wheel, the airbag, or another object in the car to experience TMJ pain. In fact, it is quite common to get TMJ from a car accident without your body hitting something. When you get into a car accident, your body naturally goes into different positions depending on how your car was hit. As your body or head move from side to side or back and forth during impact, the joints, ligaments, and muscles in your body get pulled in different directions. The temporomandibular joint is one of these. Whiplash, for example, is one of the most common causes of TMJ after a car accident.

How will I know if it is TMJ or something else?

The best thing you can do for yourself and your healing is to see your dentist immediately following a car accident. We can assess the damage and determine if it is TMJ or another injury that is causing you pain.

If you are experiencing the symptoms listed above after a car accident, please speak with dentist now.