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Factors That Determine How Long Your Wrongful Death Case Will Last

Personal Injury Lawyer

One of the first things you might ask after deciding to pursue a wrongful death case is, “How long will the case last?” Unfortunately, there’s not a one-size-fits-all answer, as every case is different with a unique set of circumstances. One case could last six to nine months, and another could last three or four years. There are some factors you can look at that will help you determine the length of your case.

Liability

The court will probably take a nice long look at the individual or entity liable for your loved one’s death. You won’t have a case if nobody is determined to be at fault, so this can actually play in your favor. If there are multiple parties at fault, you may be able to sue all of the parties, possibly recovering more than if you were to only sue one party. While this is often a benefit to you and your family, it could take a while for liability to be settled on.

Discovery

Your lawyer and the opposing party’s lawyer will take some time to uncover evidence needed to prove the case. Your lawyer will probably collect medical statements, witness information, photographic evidence and other items that will help you prove the liable party caused your loved one’s death unnecessarily. The other party will also collect items to try and show he or she wasn’t at fault for any death.

During discovery, both parties are required to hand over all the documents, statements and admissions for the other party to read through. This helps both sides be prepared when they head to court. It could also help you and your lawyer discredit some of the “evidence” the other party presents.

Witnesses

It could take some time for witnesses to come forward in your wrongful death case. Perhaps someone is afraid of getting killed themselves. Perhaps he or she didn’t know exactly what happened, and doesn’t want to share the little bit of information he or she does know. Other witnesses might have trouble with the law and are afraid of coming forward, and others might be minors. All of these issues could delay a case, but there are ways around each of them.

Getting Your Case Started

As you can see, there are a lot of things that might make a case last longer or be resolved more quickly, and this is only the beginning. To learn more and to get your case started, contact a personal injury lawyer, like from Darrell Castle & Associates, today.

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When to Hire a Car Accident Attorney and Why

Many car accidents resolve without the need for any legal action. However, in those other instances, when injuries are severe, the victim of the collision may wish to seek restitution. Filing a lawsuit does not require hiring an attorney, but a lawyer does provide a statistical advantage in settlement negotiations and trials. How do you know when to hire a lawyer, and why should you even consider it to begin with?

When to Hire

You should hire an attorney or at least consult with one immediately following your accident. While you can wait until you have an idea of your injuries and a preliminary understanding of costs, a lawyer who is brought in early can serve as an advocate throughout the recovery process. You also need to consider that severe injuries will often draw the attention of insurance companies, and you never want to talk about your claim without an attorney present.

Why You Should Hire an Attorney

While you may be interested in saving as much money as possible, attempting to argue a personal injury claim on your own is often a mistake. There are at least four reasons to hire a reputable attorney.

  1. Education

Lawyers spend an incredible amount of time gaining the essential knowledge to argue personal injury claims. They typically hold a four-year undergraduate degree and a master’s degree. While the degrees alone do not speak to their knowledge, the passing of the state bar does.

  1. Experience

How much time have you spent arguing cases in courtrooms or deliberating and negotiating settlement agreements in board rooms? A personal injury attorney has experience with fighting claims against insurance companies, and that experience is invaluable, especially when it is in your corner.

  1. Interpersonal relationships

Lawyers spend time with other lawyers and the people that make the judicial system function. The relationships an attorney develops help speed up the litigation process and also benefit clients because of oppositional research and knowledge.

  1. Negotiation skills

The main reason to hire an attorney is to take advantage of their negotiation skills. Personal injury attorneys know how to determine the value of a claim, and they know when an insurer is low-balling their client. Working with an attorney is a surefire way to ensure you get the best deal possible.

While you can file and argue a personal injury claim on your own, why would you ever want to? Contact a local lawyer, like a car accident lawyer from Minneapolis, MN from Johnston Martineau, PLLP, to discuss your case.

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Should I Hire a Lawyer for Adoption?

The decision to adopt a new family member is a big choice, so parents will want to ensure they are going about the steps correctly. Many adoptive parents will turn to a family lawyer who has experience in adoption during this time so they have confidence as they go through the process. If you are wondering whether you need to hire a legal professional and have other questions that need answering, consider talking with a reputable lawyer, like a family lawyer from Scroggins Law Group, in your area. For now, here are the answers to some of the most common questions parents ask: 

What would an adoption lawyer do?

A lawyer who offers assistance with adoption can help parents gain guardianship of a child that wasn’t brought into their family biologically. A lawyer can help parents complete paperwork, locate a reliable agency in the area, and represent them in court if needed. A lawyer will also always have the parents’ best interests in mind, guiding them along the way towards adoption. 

What if I don’t know where to begin?

For those who are just beginning their journey to adoption, meeting with a lawyer is a good place to start. The laws for adoption may vary by state, and your lawyer will have the information you need so you understand how these laws may impact your adoption process. Your lawyer can provide guidance based on your situation and your preference for adoption, whether that be foster care, independent adoption, open, closed, public agency, private agency, or international. 

What is the difference between independent and agency adoption?

Independent adoption is when there isn’t an agency or social services department who is part of the adoption process. In such instances, if both parents (existing and adoptive) agree, then they can pursue the legal adoption themselves with assistance from a lawyer. There are licensed adoption agencies who can provide adoption services, depending on the adoptive parent’s situation and preferences. 

How long will the adoption process take?

From the start of your adoption filing to when a child becomes a legal member of your family, it may take up to five years including periods of waiting. However, it may take less time if your lawyer knows who to talk to, what paperwork to fill out, and how to avoid legal complications. If you are interested in adopting as soon as possible, then hire a lawyer who may be able to expedite the process. 

What are the common reasons that people adopt?

There are many reasons why a single or partnered couple would want to adopt a child that isn’t biologically theirs. Perhaps they struggle with infertility but still want a baby, so adoption is their next resource. Others want to create a life and family where they are making a difference on a more global scale, particularly when they adopt internationally. All in all, every adoptive parent must be coming from a genuine place where they truly want to open their hearts and home to a child who doesn’t have that support. 

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Time Management in the Law Office

Personal Injury Lawyer

Lawyers genuinely care about those they serve and are often stressed and overwhelmed because they want to do everything possible to help their clients. Clients are often unaware of circumstances which cause problems in the law office work environment. The following several situations can create stressful events for lawyers and clients alike. 

Issue #1: Taking on too Much

Lawyers want to help and it’s too easy to say “yes” to clients as they tell themselves that it is no problem to put in a few extra hours on top of the extra they are already working. This is typically when time management troubles begin. Human beings are not built like machines and at some point, adrenaline can drop and the body and brain are unable to keep up. The return on the time invested then diminishes with each minute a lawyer takes on more than they can handle. It is not healthy and productive for the lawyer or for the client. 

Saying “no” to a client doesn’t mean for an eternity. It simply means a lawyer may not be able to take on a new client for several weeks or may mean delegating the task to another associate. Prioritizing and communicating with clients and co-workers and associates are key to a lawyer’s ability to manage their workload. 

Issue #2: Allowing Constant Interruptions

It is crucial in an attorney’s workday to block or set aside one or two hours daily of uninterrupted work time that is scheduled, written in the calendar, and known to the office staff. This uninterrupted work time also includes all phone calls and walk by knocks on the office door. Standing firm on this rule and having healthy boundaries with the work schedule allows lawyers time to think through strategic timing and planning of client’s projects which, in turn, provides the client with the best product. 

To counter your no-interruption period, lawyers will also want to make sure schedules do not include back-to-back activity each day. Leaving wiggle room allows a lawyer to respond to the unexpected outside of no-interruption hours. Clients need to know that lawyers are often under several time constraints. There are times that lawyers cannot take a call or an appointment. It is, more likely than not, that most lawyers or their staff will get back to you just as soon as they can. 

Issue #3: Estimating and Capturing Time Inaccurately
Before deciding how much time a project will require, it is crucial to look at every aspect of your schedule and workload and then analyze how much time similar projects have taken. Being realistic is invaluable.

While we all can be eager to present the best value or impress clients or other lawyers in the firm, it is not impressive to submit work later than promised because you overextended yourself or estimated the cost of the work incorrectly. It can be far more expensive to write off time. FGor example, when a lawyer, who charges $250 an hour, decides not to charge for even one hour a week, the loss is $12,000 a year. By capturing that hour, there is a gain of $12,000.

Issue #4: Procrastinating

Optimizing time begins by not putting off work.  If you find yourself procrastinating, think deeply about why. There’s a reason behind it and it’s often:

  • Not knowing what to do next. If that’s your situation, turn to colleagues or do some research – take even a small step to propel yourself forward.
  • Not liking the client. Don’t be the client who is difficult to work with or doesn’t pay. This does not serve anyone. What it does is lend itself to more thorough vetting of clients or more selectivity about who is represented.

Issue #5: Doing Everything Yourself

Delegate when you have the opportunity. Many lawyers — especially new partners or associates — are unwilling to delegate or don’t delegate well because of billable hour requirements. Spend time on the core legal work and delegate the rest to staff who have the skill sets to do the work well. Be conscious of not abandoning them in the project and be sure to oversee work without micromanaging.

Issue #6: Being a Perfectionist

Not everything requires 100% of your attention. Learn what needs to be perfect and what doesn’t. Evaluate and prioritize the “to do” list. A brief for a corporate client, for instance, will require 100% of your effort. A simple court order, however, may not require you to tweak the language to perfection and can be delegated to paralegal staff with lawyer review.

Issue #7: Dismissing Technology

Time well-invested in taking advantage of technology always has a huge return. Use the newer technology resources to your advantage and do not dismiss them. It increases productivity in the law firm. Technology used wisely can free up hours needed to be more successful personally, professionally and financially.

If you or someone you know needs legal counsel, contact a lawyer, like a business lawyer in Montana from Silverman Law Office, PLLC, today. 

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Workers’ Compensation or Personal Injury?

Personal Injury Lawyer

When you’re injured on the job, you are typically entitled to financial compensation in one form or another. You’ve got workers’ compensation, which is an insurance program purchased by your employer, and you have a personal injury lawsuit in which you can file. What specific options do you have? Do you have to choose between the two? The following are some things you should know when deciding between workers’ compensation and personal injury.

Workers’ Compensation Claims

If you’re considering a workers’ compensation claim, you’ll need to know whether your employer actually carries coverage. Each state holds employers to different standards, so there are some employers that don’t have workers’ compensation at all. While this opens the employers up to potential lawsuits, it could also save them money if the employee loses the lawsuit.

If your employer does carry workers’ compensation coverage, there’s still a chance you aren’t eligible to receive it. Some workers don’t qualify under their employers. This includes independent contractors, some domestic workers and some agricultural employees. This also varies by state, so it’s important you speak with someone who understands the regulations in your state.

Personal Injury Lawsuits

When you choose to pursue a personal injury lawsuit, there are some things to keep in mind. For example, if you have already received workers’ compensation for your injuries, you can’t file a lawsuit against your employer. You can, however, file a personal injury lawsuit against a coworker or other individual who caused your workplace injury. For example, if one of your coworkers punched you because of a disagreement in the warehouse, you could receive workers’ compensation from your employer and a personal injury settlement from the individual who punched you.

Deciding Between the Two

In some situations, you have no other choice but to file a personal injury lawsuit because there’s no option for workers’ compensation. This can often work to your advantage. In a workers’ compensation claim, you stand to receive compensation for medical bills, lost wages, disability and death. In a personal injury lawsuit, you could potentially receive compensation for those same things in addition to loss of enjoyment of life, loss of consortium, loss of the ability to perform work duties and possibly punitive damages. If you speak with a lawyer and he or she feels you wouldn’t receive much in a personal injury lawsuit, you might want to stick with your workers’ compensation claim.

Acquiring a Lawyer

Being injured is never any fun to deal with, but when it’s a workplace injury, it could be a bit more frustrating. If you were injured on the job and wonder whether to file a workers’ comp claim or a personal injury lawsuit, contact a personal injury lawyer, like from Davis & Brusca, to acquire the services that can assist you.

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Dos and Don’ts of Paying for Rehabilitative Care During a Personal Injury Lawsuit

To have a loved one injured is difficult for anyone to process. When your loved one suffers a serious brain injury because of someone else’s careless actions, you may feel overwhelmed. Your spouse may need rehabilitative care, but how can you pay for it? Here are the dos and don’ts when it comes to financing care.

Do Discuss Options With Your Healthcare Provider

When it comes to treatment options, you may need to talk to your spouse’s doctor about the payment options. Often, medical providers will provide you with a means to pay for the treatment. Sometimes, you have to work it out with billing. They may give you a payment plan or they may be able to put the bills on hold until you receive your settlement. This is a medical lien. Once you receive the settlement, the hospital or care center is entitled to a portion of your settlement.

Do Not Ignore Your Medical Bills

Rehabilitative care can be expensive. Even if you know that your loved one suffered injuries due to someone else’s negligence, you still have to prove it before you can expect a settlement. While you know that your family does not deserve the medical bills, you do not want to ignore them. If you ignore your bills, there is a chance that the care facility or treatment center could take you to collections for unpaid medical bills. Then, while you are working on a lawsuit against the negligent party, you also have to worry about a lawsuit being filed against you.

If you cannot pay your medical bills, do not ignore them and hope that you do not have to pay them until you receive your settlement. The medical bills and your personal injury lawsuit are two separate issues.

Do Use Your Health Insurance Coverage

A lot of people wonder if using their health care coverage will change the amount that they can ask for in the personal injury lawsuit. If you and your loved one have health insurance, then you should use it. When you file a personal injury lawsuit, you are entitled to the cost of your medical treatment. While you may have to pay the discounted amount back to your insurance, you do not have to pay the full cost of treatment without insurance.

If your loved one suffered a brain injury at the negligence of another person, you should never wait to discuss your options with a lawyer. Call and set up a consultation with a brain injury lawyer, like from Kamper Estrada, PLLC, as soon as possible. He or she may have the experience necessary to guide you through the process.

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What should I do when a reckless driver hits me?

The dangers we all encounter on the road are majorly effectuated by driving recklessly. The way we drive our cars advances its own particular set of dangers, the process whereby we have to drive alongside reckless drivers to accumulate the tendencies of accident occurrence. Accidents prompted by reckless drivers tend to be more severe than other accidents caused by a driver trying to dodge the traffic light gently. If you happen to know anyone who has experienced an accident prompted by reckless driving, it is very much advisable you involve a car accident lawyer.

Reckless drivers usually get into accidents because they’re always ignoring safety regulations put in place to keep every road user safe. Here are some causes of common reckless driving:

• Over speeding

• Changing their lanes speedily

• Driving zigzag due to traffic

• Overlooking red lights and the stop signs

• Driving extremely close to another vehicle

• Lack of using your driving signals properly

• Driving out of stress

• Driving after a heavy dose of alcohol or drugs

As we drive each day, we are meant to drive carefully, not because we are forced to do so, but for our safety. Any driver that disregards safety driving precautions is, therefore, putting their life and the life of other road users at risk.

Now the real question is, what should I do when a reckless driver hits me!?

We all know the severity one is likely to sustain after being hit by a reckless driver. Common injuries affected by careless driving are; amputation, TPI, Spinal cord damage and many more…

In most cases, people get the same compensation as they would get if it weren’t due to reckless driving. If you go to an insurance company before you get compensation, they have to look at the severity of the injuries, the time you missed at work since the accident and some other things. Finally, a driver’s reckless driving won’t affect the way you handle the accident. However, reckless drivers are likely to be sentenced to jail or pay fines. They’re also expected to lose their driving license, or they could be given limitations on their license, particularly if they’re very frequent to reckless driving.

It is 100% recommended you involve a car accident lawyer, like from Royce Injury Attorneys, after a reckless driver hits you, or you can file a claim with the reckless driver’s insurance company all by yourself by accident. But, most victims of reckless driving accident proves that involving a lawyer will give you the following advantages:

• Involving a lawyer could actually plus your compensation. They offer you a better understanding of the exact amount of compensation you should get and help you attain that.

• After involving a good lawyer, you can then go to the insurance company of the reckless driver. When the insurance company sees how serious you are ready to take the case, they’ll have no choice but to increase your compensation.

• Lawyers help you get all necessary evidence that you need to prove the driver’s recklessness.

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5 Things to Do After You’ve Been Hurt in a Motorcycle Accident

Personal Injury Lawyer

If you are injured in a motorcycle accident, you should get medical attention immediately. You can be more seriously injured than if you were in a car that offers protection against abrasions and impacts. While you’re healing, you’ll want to follow through with some things to help you file your insurance claim and get a settlement that matches your needs.

File an Insurance Claim

You should always work with your own insurance company first. The other driver’s insurance company may not want to offer a fair settlement at first, but you want to prevent the other driver from claiming you were at fault for the accident.

Gather Information 

You are going to be dealing with a lot following the accident. Start a file with all the medical bills and reports. Make sure to get pictures of the accident scene and your injuries. Save those pictures to the cloud or send them to yourself in an email. Your phone could crash, leaving you without the evidence. Get witness information. Make sure to get a copy of the police report. Make notes for yourself about who you talk to, when, and about what. If you do need to file a lawsuit, you’ll want this information. Track your mileage to and from medical appointments, especially if you’re driving a long distance.

Don’t Talk About Your Claim 

Keep your personal life off social media after an accident. The other driver’s insurance company could use pictures of you on social media as proof that you aren’t in pain and the accident didn’t limit your life. At the very least, be cautious about what you do post. Ask friends to not tag you in pictures. Don’t speak to the other driver’s insurance company without exploring your options.

Keep a Journal 

A daily journal can validate your pain and suffering by tracking your day to day activity level and pain level. You may never need your journal in court, but you can also use your journal to remember that you’re getting better every day. It doesn’t need to be very formal — maybe just a few lines each day about the difficulties you have faced, whether you could work or not, and your pain levels.

Speak to a Lawyer 

You may be entitled to more compensation than you realize or you may not have a claim at all. Speaking to a lawyer about your accident before you settle gives you peace of mind with your settlement. Make an appointment today to talk to a lawyer, like a motorcycle accident lawyer from Barry P. Goldberg, auto accident attorney. 

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Did the ACA Decrease the Divorce Rate?

There was much debate before the Affordable Care Act (ACA) a.k.a. Obamacare became law in March 2010. The ACA was passed into law in March 2010 as a vehicle for people to obtain affordable health insurance. The law also expanded Medicaid’s coverage. Since its passage, the ACA has been a contested bi-partisan issue between Democrat and Republican lawmakers. That debate only escalated once President Obama left office, as the Trump administration, Republican members of Congress, and several “red” states in the country have pushed to dismantle the law.

A study conducted by researchers from the University of Kansas revealed that one of the benefits of the ACA is that it may be responsible for lowering the divorce rate, particularly for those couples on Medicaid who normally would have filed for a “medical divorce.”

How Did ACA Reduce Divorce?

Researchers discovered that states which expanded their Medicaid programs under the ACA law had an almost six percent decrease in divorce for people between the ages of 50 to 64 years of age, compared to states which did not implement Medicaid expansion.

A medical divorce often occurs between couples when one spouse becomes ill with a degenerative disease – such as early-onset dementia, Parkinson’s disease, or multiple sclerosis – which could end up wiping out all of the couple’s assets in order to cover medical costs. It is not uncommon for couples in these situations to file for divorce in order for the spouse who is sick to qualify for Medicaid.

Under the ACA, the Medicaid expansion covers adults 64 years or younger up to 138 percent of the poverty level regardless of what assets they have. This means that couples do not have to divorce in order to preserve their savings and retirement accounts in order for the sick spouse to receive the benefit.

Uncontested Divorce

Whether a couple files for divorce due to the medical situation of one spouse or because they both agreed that the marriage is no longer viable, an uncontested divorce still needs the oversight of an experienced divorce attorney. Even in the friendliest of divorces, there are important decisions that need to be made like child custody and division of assets. In the case of a medical divorce, there are important legal decisions that will also require the guidance of a knowledgeable family law attorney.

Let a Divorce Attorney Advocate for You

If you have made the decision to divorce your spouse, contact a skilled attorney, like a divorce lawyer from the rel=”nofollow”Law Office of Daniel Wright. You need to ensure that you have the best representation possible no matter what the reasons for ending your marriage are. Call a law firm for an initial consultation.

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What Is Temporary Spousal Support?

Divorce can be overwhelming enough, dealing with the end of the marriage and all that entails. But for a spouse who was not the primary wage earner, and may have even been a stay-at-home parent, the added stress of worrying about the financial impact the divorce will have can be devastating.

In these situations, temporary alimony may be available to the spouse who is struggling financially. The court can order the other spouse to give a set amount each month until the divorce is finalized. Whether or not alimony will continue after the divorce is final is something you can discuss with your divorce attorney.

The purpose of temporary alimony is different from the purpose of alimony. In general, alimony can be awarded when the couple was married for many years and one spouse did not work outside of the home. The duration of alimony is usually for years, unless the receiving spouse remarries or whatever other stipulations the parties agree on.

Setting a Payment Amount
Temporary alimony serves a different purpose. The court will award temporary alimony when there is an immediate need for the receiving spouse because, with the couple separated, the spouse has little to no income. The temporary alimony is usually set at an amount that is necessary to support the receiving spouse. 

For example, if the paying spouse is the one who moves out of the marital home, the court could issue a temporary order that the paying spouse pay enough alimony that would cover the cost of the mortgage, utility payments, vehicle payments, and any other debts that his or her paycheck had previously covered before the breakup.

In order to receive court-ordered temporary alimony, there must be a pending divorce petition filed with the court. As the divorce process comes to an end, a decision will have to be made by the receiving spouse and their attorney whether or not they will pursue additional alimony payments. Unless the marriage was long-term, it is unlikely a court will order permanent alimony, however, there is the option of rehabilitative alimony. This is when alimony is ordered for a certain period of time to enable the receiving spouse to obtain training, search for a job, or whatever other steps needed to reestablish themselves financially.

Child Support Orders

It is important to note that temporary alimony is completely separate from child support. Once the divorce is final, the court will issue a child support order where one parent will need to pay the other parent child support payments each month. Whether or not the temporary alimony turns into a more permanent alimony payment upon the divorce being finalized, there will still be a child support order issued and the amount that is ordered to be paid for child support is not connected in any way to how much or how long alimony is being paid.

Contact an Attorney
If you are going through a divorce, contact an attorney, like a divorce attorney  from Brandy Austin Law Firm, PLLC, for assistance. 

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