Posted on January 05,2017 in Divorce

Many couples get a divorce when they discover their marriage was not right for them. Divorce is a legal declaration that the marriage is over. Except for certain obligations - like alimony and child support - the parties are free to remarry.

Most states once granted divorces only if a spouse committed a marital wrong like adultery or mental or physical cruelty. Today, all states permit no fault divorces. In a no fault divorce, a spouse need only show the marriage has failed - he or she does not have to prove a marital wrong occurred. No fault laws make it hard to prevent divorce if either spouse wants one.

To get a divorce, one must file a complaint (or petition) in the proper court. Most states have "residency requirements" -laws that prohibit divorces unless one of the spouses has lived in the state for a minimum amount of time (usually six months or a year) before filing the divorce action.

Couples seeking divorce who do not meet their state's residency requirements should not go to another state or country where these requirements are less strict. Such a divorce may be invalid in that person's home state.

Between the time the divorce action is filed and the divorce becomes final, several matters may require court orders. There are temporary orders regarding spousal support and, if children are involved, child custody and child support. A "restraining order" may be needed to stop one spouse from abusing the other.

The second part of a divorce (the first part is ending the marriage by court decree) consists of dividing marital property, providing for the payment of spousal support, and settling child support and custody issues.

If the parties cannot agree how to divide property, a judge decides. In some states, the judge considers the couple's assets, the length of their marriage and each spouse's contribution to it, and then divides the property in a fair manner. In other states, the couple's "community property" (the property either spouse obtained through his or her labor or skill during marriage) is divided evenly.

Emotions and complex issues are involved in any divorce. Thus, each spouse should seek legal help. A lawyer can provide advice about property settlement, support, custody and other issues, and explain tax and other consequences regarding these matters.

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 Posted on January 05,2017 in Personal Injury

You're driving along when suddenly a car hits you. It's hard to think clearly at this time, but the information that you obtain right after an auto accident - and what you say - can have a big impact on your recovery. Here are some steps to take when you are in a car accident. They will reduce the hassles and help make sure you get the maximum recovery that you are entitled to.

• Call 911 to get help for anyone badly hurt.
• Write down the name, address, phone and driver's license numbers, and insurance company of the other driver and the other car's owner (if the other driver does not own the car).
• Write down the other car's make, year and license number.
• Write down the names, addresses, and phone numbers of all witnesses (including passengers in both cars).
• Make a diagram of the accident. Show the positions of both cars before, during and after the accident. If possible, measure skid marks, and show them on the diagram. Be sure your diagram includes stop signs, traffic signals and cross walks.

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 Posted on January 05,2017 in Personal Injury

At one time or another, everyone thinks of making a claim against somebody for "negligence." Usually this happens after being in an accident. What exactly is "negligence?"

The legal concept called "negligence" has evolved over many centuries. Depending on the case, it can be easy or hard to apply. Here is a summary of the many elements courts consider to decide if someone was "negligent."

Breach of Duty and Damage. In short, negligence exists when someone causes damage by failing to perform a duty owed to someone else. For example, everyone has a duty to be careful when driving a car. A driver who is careless and gets in an accident may be "negligent."

"Damage" is the legal word for injuries suffered because someone was careless. Injuries include physical harm, emotional distress, damage to property, and lost wages.

One more aspect of negligence is "foreseeability." A person is liable for negligence only if the resulting damage was a foreseeable result of his or her actions.

How Courts Decide. To decide if someone breached a duty in a particular case, a court looks at all the facts to find out what happened. Then it asks what a "reasonable person" would have done in the same situation. If the person accused of being negligent did what an ordinary person would have done in the same situation, there is no liability. But if the person's actions were not what a reasonable person would do, then he or she will probably be found liable for acting negligently.

If you are hurt in an accident where the other party may have been negligent, seek legal help to find out about your right to recover damages. Act quickly, since there are time limits for making claims.

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 Posted on January 05,2017 in Personal Injury

Watching out for dogs that bite is good advice for pet owners and animal lovers alike. Dogs may be man's best friend. But anyone who has been bitten will agree that the bite is worse than the bark. While there are many sayings about dogs and their owners, once a bite occurs, the law too has something to say -about responsibility for the injury, and damages.

The old saying that "every dog gets one free bite" was once a correct statement of the law. Owners were liable for the acts of a pet only if it was known to be vicious. Before a pet bit someone, the owner could deny knowing its vicious tendencies. So the first victim of a dog's teeth might have no legal remedy. The old rule began changing many years ago, at least as to pet dogs.

Some states passed laws making owners responsible to anyone bitten by their dog, whether or not it was known to be vicious. Today, most places hold dog owners responsible for damages caused when their dog bites someone. But even this simple rule has exceptions. For example, a dog's owner may not be liable for injuries the dog inflicts on a person who ignores adequate warnings that the dog is vicious and may bite.

For animals other than dogs, the old rule still applies. Thus, an owner may be liable for injuries caused by a domestic animal - a horse, cow, sheep, pig, chicken, and so forth - only if it is known to have a propensity likely to cause injury. Prior actions can put an owner on notice that the animal may be considered "vicious" if it hurts someone.

Animal owners should always take care to protect others from being bitten or attacked by their pets. But everyone can reduce the risk of injuries from vicious animals by being careful. If an injury does occur, it is comforting to know that the animal's owner is usually responsible for the damage that is caused.

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 Posted on January 05,2017 in Personal Injury

If you've been in an accident, you must decide whether to get a lawyer's help in making your claim. Insurance adjusters want you to settle your claim without getting legal help. But settling too fast with an adjuster usually means you won't get all the money you should. That's why if you're in an accident, you should get a lawyer's help, even when (especially when) the adjuster is anxious to pay you a modest amount to close your matter quickly.

When you make a claim to an insurance company, they assign it to an "adjuster." Adjusters work for the insurance company, not you. Their job is to close the file on your claim without paying too much money.

Many adjusters are polite to talk with. They handle many claims so they may understand the problems you face. But whether the adjuster is pleasant or not, remember that his or her job is to act in the insurance company's best interests, not yours.

After an accident, the adjuster may tell you a quick settlement will get you money faster. The adjuster may tell about his or her own experience and say with confidence what your claim is worth. The adjuster may try to talk you out of calling a lawyer, by saying a lawyer would cost you money or can't get your benefit increased.

Adjusters say these things because the insurance company can close the file on your claim for less money if you don't have help from a lawyer. The adjuster may try to persuade you to accept a small payment and sign a "Release," even though you don't yet know the full extent of your claim. This is especially common in accidents, where many physical injuries don't show up until much later.

Using a lawyer almost always results in a higher settlement than you'd get by relying on the adjuster. Recently, a car insurer tried to settle an accident claim for a small amount of money. After the policyholder hired a lawyer, the insurer settled the claim for over 10 times the original offer.

If you've been in an accident, seek a lawyer's help when dealing with the insurance company. Using a lawyer makes recovering damages easier, and you'll likely get more money. Never forget that insurance adjusters - no matter what they say - work for the insurance company, not you.

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 Posted on January 05,2017 in Real Estate

Selling or buying a home is the biggest financial transaction for most people and one of the most complex. No wonder home sales are notorious for legal disputes. Here are ways to avoid some of the most common legal problems encountered in buying or selling a home.

Tips for Sellers

• Make repairs before selling. This includes plumbing, electrical and many other problems that will need to be fixed in any event. Avoiding the need for the buyer to make these repairs will avoid some disputes.
• Make the buyer's good faith deposit nonrefundable. That is, make sure the contract says the seller can keep the deposit if the buyer does not complete the purchase.
• Also make sure the contract includes your right to accept a "backup offer." This is an offer from another buyer who will make the purchase if the first buyer backs out.
• Sell the home "as is." This means the home is sold in its current condition and the seller will not pay for repairs. It does not eliminate the duty, under the laws of most states, to make disclosures about known defects.

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 Posted on January 05,2017 in Personal Injury

If you get in an accident and want to make a claim, one of the first things you have to decide is whether to use a lawyer, or whether to make a claim against the wrongdoer and his or her insurance company yourself.

For many reasons, if you are hurt in an accident, you should get a lawyer's help rather than try to do it yourself. Here are some of the main reasons.

• To get an evaluation of your case. An experienced personal injury lawyer can tell you how strong your case is. Also, because a lawyer knows the many different things that accident victims can recover money for, you can get a good idea about how much money you're legally entitled to recover.
• You need someone on your side who is experienced in dealing with insurance companies. Insurance companies have many people working for them. Often, they'll try to avoid or delay paying valid claims, or offer unfairly low settlements. Accident victims need someone to assert their rights to get what they are legally entitled to. An experienced personal injury lawyer, who knows how insurance companies work, is the best person to do this.

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 Posted on January 05,2017 in Personal Injury

People in car accidents are often told to get legal help to make sure their rights are enforced. A study confirms two other key reasons for getting legal help if you are in an auto accident - you will likely receive more money, and you have a better chance of recovering money.

The study was conducted by the respected Rand Institute. It found that auto accident victims who hire attorneys receive about 25% more money than auto accident victims who do not hire attorneys - even after deducting all costs.

The study also found that using a lawyer increases an auto accident victim's chances of recovering money to almost 95%.

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 Posted on January 05,2017 in Family Law

When a couple decides to marry, they have many decisions to make. A key legal decision they must make is whether to have a premarital agreement.

A premarital agreement is a contract made by a couple before marriage. It is usually used to say how property will be divided in the event of divorce or death, but it can cover many other issues in the marriage as well. Premarital agreements are most commonly used in second marriages when there are children from a prior marriage or when one party to the marriage is a lot wealthier than the other.

There are several benefits to having a premarital agreement. Working out difficult issues in advance can help avoid problems later. Also, a premarital agreement can help protect an inheritance to a child from an earlier marriage. Finally, if a divorce does occur, the premarital agreement may make it go easier since some key issues will already have been decided.

There are also disadvantages to having a premarital agreement. One is the discomfort in addressing issues of divorce before the marriage. Another is that there's no guarantee a court will uphold the agreement. Also, even if an agreement is upheld, there's no assurance the entire agreement will be upheld. For example, provisions that address child custody or child support issues are not binding on a court, since the child's best interests are the deciding factors. There are several grounds for invalidating premarital agreements. They vary from state to state, but generally include:

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 Posted on January 05,2017 in Personal Injury

Millions of consumer products are produced every year. With mass production and use of these products has come numerous injuries. Sometimes the injuries are the user's fault. Many times, however, they are due to defective products.

Recovering Damages

Many grounds exist to win damages if you are injured by a defective product. The manufacturer may have been negligent, or it may have breached a contract or warranty.

Another ground for recovery in many cases is "strict liability." To recover damages under strict liability, a person generally only has to show that a product is defective and that the defect caused his or her injuries.

A manufacturer may be liable under all three grounds -negligence, breach of warranty and strict liability. However, rules vary from state to state regarding which grounds are available and the proof needed to recover damages. A lawyer should therefore be consulted in connection with any product liability claims.

When is a Product Defective?

A product can be defective in many ways. It may have a manufacturing defect. This occurs when it is not made according to specifications. A piece may be missing, or the product may not be built properly, causing it to be dangerous.

Another kind of defect is a "design defect." This occurs when there is something wrong with the product's design. Thus, a product built according to instructions may be defective if the instructions are the source of the problem. For example, the product's creators may have used the wrong type of material or may not have included adequate safety shields in designing the product.

A product can also be defective if it does not include adequate warnings about possible dangers or complete instructions on how to use it.

If you are injured by a product, consult your attorney to determine if there is a right to compensation, even if you think you are partly to blame. Injuries that on the surface look like they were caused by the user often turn out to have been caused by a defective product. Also, certain legal principles may let you recover money even if you are partly to blame for your injuries. Act quickly, since there are time limits for filing claims.

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