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Kai Alana

Divorce

3 Reasons to Choose a Contested Divorce 

When it comes to divorce, the separating couples can mutually agree to go their own ways. However, this happens in very rare cases. 

In many divorce cases, one or more issues may lead to disagreement between the divorcing spouses which necessitates a contested divorce. Understanding what this means is very important when moving towards dissolving a marriage. 

Contested Vs. Uncontested Divorce 

For a contested divorce, one party contests one or more issues at hand and which must be resolved during the divorce process. The uncontested divorce occurs when the spouses agree on all terms. And that’s why uncontested divorce cases are much easier to resolve than the contested ones. 

Despite this, it’s important to understand that contesting your divorce is not a bad thing. Most of the divorce cases are contested. For instance, in cases of abuse, narcissism, or infidelity, contesting a divorce is important to protect the rights and interests of the person suffering this abuse. 

What Are the Main Reasons for Contesting a Divorce? 

A contested divorce case may arise from anything that becomes a point of contention between parties. For instance, the couple may have challenges determining how to split finances, who gets child custody rights, or who gets to keep the marital house. The best way to protect your interest in these cases is by engaging a contested divorce law firm Houston

Here are the primary reasons for contesting a divorce case in court. 

  • Concealment of Assets

It’s a common practice for divorcing parties to hide things especially assets from their spouses during the marriage and when divorcing. When a party conceals an asset before a judge, the judge will not consider the value of this asset when deciding how parties will divide the assets among themselves. 

Further, the concealed assets will impact child support and spousal maintenance determination. But since contested divorce is litigated, parties have access to litigation tools that help identify all the assets in question thus leveling the playing field. 

  • Spousal Maintenance 

Spousal maintenance is a necessity in many situations that follow a divorce. Unfortunately, most spouses tend to disagree on this. 

In a contested divorce, the party seeking maintenance must prove that they gave up significant opportunities in the course of their marriage. A judge will then assess the evidence and decide whether to approve or decline the request. 

Some of the reasons that may warrant spousal maintenance include situations where one party left school to get a job, or a spouse suffers an impairment that makes it hard for them to work or they’re a caregiver to a disabled child. 

  • Unrealistic Expectations 

At times, a spouse who doesn’t want to divorce may set unrealistic expectations with the hope of derailing the process. Maybe the person doesn’t want to negotiate or compromise on all issues relating to family law. Dealing with such a spouse may not yield any positive result. The result, pursue a contested divorce case to avoid a case of unfair divorce decision or settlement. 

  • The Best Interest of the Kids 

It’s not uncommon for parents to disagree on the co-parenting arrangement and responsibility. In such a case, a contested divorce is needed to decide on custody or visitation rights. 

The judge is obligated by law to consider the best interest of the child before deciding. In doing so, they’ll consider important factors like the physical and emotional needs of the child. Further, the judge will check the ability of each parent to provide and take care of the kids, 

Conclusion 

Whether contested or uncontested, divorce cases are an incredibly arduous process for any person to go through. As such, one must ensure they get the best legal representation that protects their rights.

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Personal Injury

The Differences Between Mass Tort and Class Action Lawsuits In Personal Injury Cases

If you have been a part of a personal injury case and want to know whether it can be made into a mass tort or a class action lawsuit, understanding the differences between the two is a good idea. For a mass tort personal injury lawyer, choosing MG Law for all the legal help you need can be a great idea.

Most people are confronted with a class action lawsuit when they get legal notice regarding a consumer product. They are told about the lawsuit and given the option of being a part of it. They are also made to sign a legal document wherein they would not enter into any other legal action with the said company.

Similarities Between Class Action Lawsuits And Mass Tort Cases

There are some similarities between the two. If you want to know whether your personal injury case can be made into one of the two, knowing the similarities is important.

  • Both types have cases where multiple people have been harmed financially or physically, and want to take legal action
  • Legal action is being planned to be taken against the same defendant
  • Instead of individual cases, they have been consolidated together into a single legal case.

The Most Important Differences To Know About

  • Cases Dealt With Differently

The way the plaintiffs are treated is very different. In mass tort cases, a group of people is harmed or hurt financially or physically, and in many cases they are from the same geographical area. Each of the plaintiffs gets treated as a whole individual. This means that they have to each prove their claim. Each of them will have to show how he or she was harmed by the defendant.

In class action, the group of people that are harmed, are not treated individually. Instead, they are taken together and the case must be proved as a whole. The whole group of people is treated as a single plaintiff and they have a single legal representative.

  • The Proceedings

Many times, personal injury cases of a similar and distinct group of people go for a mass tort lawsuit instead of a class action lawsuit because the criteria for the latter are not met.

  • Cases Of Plaintiffs Differs A Lot

In a mass tort case, though the personal injury is a common factor, it may be that the plaintiffs have cases which are quite different from each other, even though the defendant is the same.

In class action cases, the plaintiffs usually have very similar personal injury cases individually and their cases can be taken together as a whole in the legal sense.

When it comes to mass tort cases, usually a large number of people are involved. For example, a catastrophe such as a big accident in a pharmaceutical company which affects the lives and living of a huge number of employees will usually be a mass tort lawsuit.

The right personal injury law firm with expertise in dealing with mass tort cases is the best choice if you are in the same boat.

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Lawyer

Is St. Petersburg a Safe Place to Drive?

The question, “Is St. Petersburg a safe place to drive?” is most commonly asked by motorists as they approach the city. Although St. Petersburg does have some relatively low car accident statistics, there are also most dangerous intersection in St. Petersburg. The question is not easy to answer because statistics don’t always reflect behavior. The question becomes, however, whether or not safety is a factor when drivers are thinking about making a decision to make a given street.

What all one should look out for?

When looking at statistics for St. Petersburg, Florida, one thing that stands out quickly is that it has one of the most dangerous intersections in the State. This particular intersection is located in front of City Hall at Fifth Avenue South. At one time, the street was one of the most dangerous to drive through, but now it is one of the safest. What has changed? Traffic counts indicate that there are now more cars speeding and weaving in and out of traffic at this location than ever before.

What should a driver do when approaching an intersection such as this one? One thing they should do is look both ways before making their decision to move into the street. This is especially important when traveling on a busy street where many drivers are passing each other. Even if there is no cross traffic, it is still important for a driver to determine whether they can see all around them. By seeing everything, drivers will reduce the chance of making a risky decision that could have disastrous consequences.

Some drivers mistakenly believe that the number of traffic signals indicate a lower occurrence of drivers making unsafe decisions. While traffic counts do reflect the number of vehicles that enter an intersection, they also reflect how many drivers are able to complete their daily round. intersection traffic lights are not just a measure to regulate traffic, but they are a valuable tool that is used to ensure safety.

With this in mind, it is important that drivers pay attention to intersections.

  • When driving in St. Petersburg, Florda one must always be aware of their surrounding environment. The same holds true for drivers.
  • Driving through heavy traffic, passing trucks and buses can be very difficult without proper insurance.
  • However, by paying attention to what is around him, a driver will ensure that he is a safe place to drive.

Driving through rainy conditions or night time, may also prove to be extremely challenging. By paying attention to how one is driving and by only using on-road lights, a driver will help ensure that he is driving in a safe and predictable place. Is St. Petersburg a safe place to drive? It most certainly is!

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Law

Can You Sue For Negligence After a Car Accident?

Yes, you can! Whether you are a pedestrian involved in a car accident, a driver involved in an automobile accident or a rider of a motorcycle injured in an accident, you may be entitled to compensation. There is no question that personal injuries and damages caused by motor vehicle collisions and accidents, particularly in Orlando, can be very costly and devastating. For this reason, every year, people who have been injured in automobile accidents in Orlando are experiencing the need to consult with an experienced attorney experienced in personal injury claims. It is better to be proactive than to suffer in the future from the consequences of a bad decision or a lack of foresight. Therefore, if you have suffered an injury, you should seek the advice of an injury lawyer in Orlando as soon as possible.

What all to do after the car accident?

  • Your first priority should be to notify your medical insurer and the authorities so that they will do their part to investigate the incident.
  • You may even want to take pictures of the vicinity of the crash.
  • A qualified attorney can help you determine whether or not the other party’s insurance policy covers the incident.
  • Additionally, your injury lawyer in Orlando will determine if any other parties’ liability insurance policies will cover the cost of your medical bills, lost wages, pain and suffering, etc.

Now, you may be wondering “Can you sue for negligence after a car accident? “, since Orlando is a no-fault state. Orlando, however, has what is called a contributory negligence statute. This statute allows a person to sue a party for an injury even though that person could have been partially at fault for the accident. This type of statute also allows a “vicarious” or “substantial” negligence cause of the incident.

In order to establish a contributory negligence claim, you must show that there was a duty of care that was breached. This duty could have been to keep a proper lookout on the area, or it could have been to apply the brakes or other relevant safety devices that kept you and others safe from harm. A car accident lawyer in Orlando can help you determine whether or not your claim has a strong chance of being upheld in court. It is also important to remember, though, that the insurance company may try to have the case dismissed if it is found that you were partly at fault for the injury claim.

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Law

How to File a Workers Compensation Lawsuit

If you or someone that you know has suffered an injury as the result of work-related accidents, then a compensation claim can be an option. There is nothing easy about this process, though. To help get through all of this, it helps to have an experienced worker’s compensation attorney by your side.

The law is very complicated when it comes to workers’ compensation claims. First of all, there are several different levels of workers compensation, and there are often classifications within a specific type of injury. Because these classifications change from state to state, it helps to know exactly what kind of claim you should be filing. This is especially important because sometimes you will not be entitled to certain benefits because of the classification that you were injured at.

How to find out workers compensation claim?

If you are unsure of the exact type of workers compensation claim that you should file, you should contact a lawyer that specializes in this area. They should be able to give you a better idea of what kind of claim you should be making. For example, did you work for a company that built homes? If so, then you most likely would be eligible for some type of workers’ compensation benefits. Did you work for another company that builds furnaces? Then you may be eligible for the much stronger claims for those types of injuries.

  • If you find that you do not qualify for these benefits, then you will have to get advice on how to file a workers compensation lawsuit.
  • Your claim should be strong enough to stand up in court if need be. It will be important to take note of all the possible outcomes that could happen.
  • This includes losing your benefits and having to pay out of pocket expenses for your injury.
  • If you lose the case, you may not be able to collect anything because the company your work for will be responsible for compensating you for your injuries.

It is also important to hire an attorney who has experience with filing workers compensation claims. You should only work with someone who knows how to fight for your claim in the proper way. You should choose an attorney who has handled similar cases in the past and who can demonstrate that he or she is experienced in working with similar situations. You should make sure that the attorney is properly licensed to represent you. A well-licensed attorney will be able to handle all aspects of your claim while representing you in court.

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Lawyer

How Is Workers Compensation Calculated?

Although you might not necessarily need an attorney to assist you in collecting your initial workers compensation benefits, you might prefer to hire an injury lawyer to guide you through the process and advise you how you can get the most money you deserve. The insurance companies typically have lawyers on their side, so really, why not seek out an experienced group of injury lawyers working on your behalf? When you are in pain, you deserve to get the maximum amount for your injuries. An injury lawyer can provide you with that guidance.

What all should be considered for calculating workers compensation?

  • To begin with, your medical records should be examined. These records will be needed in determining your eligibility for benefits.
  • These records will also be required when your disability claim is denied, so it is important to make sure that they are complete and accurate.
  • The records will include the details of your accident as well as details of your disability. For instance, if you are injured due to a car accident, the doctors will take pictures of your wounds and report these details to your injury lawyer.
  • Along with your medical records, you must also present evidence of your injuries throughout Pennsylvania. This evidence can consist of x-rays, copies of police reports, prescriptions, and so forth.
  • If you have a permanent disability as a result of your injuries, you must submit letters from doctors who attended your rehabilitation and can also provide copies of your medical bills.

Your injury lawyer will examine all this information to ensure that you received proper compensation for your injuries. If you are filing a standard disability claim, it is fairly easy to establish the date of your injury. However, if your injury is the basis for a workman’s compensation insurance claim, your claim must be filed within three years of the date of injury. In addition, the benefits awarded during this process are usually quite substantial.

Workers’ compensation insurance claims will cover all medical costs for you and your family for a particular period of time. In addition to being awarded compensation for lost wages, workers’ comp will also pay disability benefits for a specific body part. Each body part will be evaluated to determine its importance in terms of limiting your ability to function normally. Often, the most important parts of the body are those that are difficult to move, such as the spine or the legs. Thus, if you suffer a back injury that limits your ability to bend over and lift, your claim for workers’ compensation may be approved.

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Attorney

5 Steps to Take After a DUI Charge

Being arrested for driving under the influence of alcohol or drugs can be a scary experience. It’s even worse if this is your first time.

Maybe you’re wondering, what steps to take first. Will you lose your driving license? And yes, whether you had a single drink or not, the results of a DUI arrest in Clear Lake can be the same. Therefore, taking appropriate steps after your arrest is vital to your protection and the outcome of your case.

Here are the important steps to take after a DUI arrest.

  1.   Take a Chemical Step After the Arrest

It is a requirement and punishable under the law if refused. The test seeks to show a variety of information including the current alcohol level in your blood.

From this level, the arresting officer can work back the level of alcohol in your blood at the time of the arrest. Remember, you have much to lose by refusing the test. Therefore, take the test.

  1.   Do Not Talk to The Police

If a police officer decides to arrest you for DUI, there’s nothing you can do to change their minds. Likewise, nothing you say can prevent the prosecutor from pursuing charges on you after the arrest.

Even if you have an alibi or any other evidence indicating your innocence, don’t engage the police. Once they arrest you, they’ll assume you’re lying or that the evidence you have is fabricated. The best way is to share this evidence with a lawyer who decides on the best way to use it to benefit your case.

Remember, it’s not advisable to talk to the lawyer without your attorney present. If they ask you to talk about your arrest, decline and ask to talk to your lawyer. That way, you’ll avoid sharing information that can be used against you in court.

  1.   Contact an Attorney

Yes, contact a reputable DUI attorney to defend you against the allegations. And be careful not to engage a general attorney for this case. DUI cases are based on DUI laws that are complex and require an in-depth understanding of the legal system in very specific regard. Yes, other licensed attorneys can represent you in court, but only a competent and specialized DUI lawyer can increase the chances of getting a favorable outcome in your defense.

  1.   Record the Details of What Happened

As soon as you’re released from the police cell, record all the details you remember regarding your arrest. You can write it down or save it as a voice note on your phone or laptop. Be sure to write everything you remember from the arrest through to the time you leave police cells.

As you write this down, ask yourself, what did you say to the police? how was the encounter? If the officer pulled you over, what reason did they give for pulling you over? Did they ask you or order you to get out of your car? Did the police ask you to do field sobriety tests?

  1.   Identify Potential Witnesses

If you were arrested for a DUI, the chances are that you were either coming from a friend’s place, bar, or restaurant. You were hanging out with people before the arrest. Therefore, create a list of the people you were with before the arrest. These people may testify that you didn’t have much of anything to drink before you got behind the wheel.

Conclusion

A DUI case is different from most criminal cases. Therefore, if you want the best results for your case, then engage a lawyer who knows the ins and outs of DUI. That’s the only way to keep your license and avoid spending time in jail. 

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Law

Should I Sue After A Truck Accident?

If you have been in a truck accident and are thinking of getting legal help, then you should know your options. It is always a good idea to hire a truck accident lawyer, no matter how small or big your injuries are. Find out more here where you can find an expert lawyer who works with truck accident victims. 

Common Reasons Truck Accidents Occur

The truth is that most truck accidents happen due to human error or negligence.

  • Speeding
  • Driving after taking alcohol or drugs
  • Driving when drowsy
  • Distracted driving
  • Violating traffic laws that are applicable in the particular area
  • Carrying unsecured load

Anyone or more of the above reasons may be responsible for your particular accident. Getting the deserved compensation is something that becomes possible only when an expert eye can review the scene and replay the accident.

A good truck accident specialist lawyer should be able to guide you best as to whether you should sue. Sometimes, insurance companies settle with accident victims. If that does not happen or the compensation is not enough, filing a lawsuit is the next step. The right legal help is necessary throughout the process so that you get what you deserve. 

When The Trucking Company Is Liable

Most trucks and semis that are driven belong to trucking companies. In case you decide to use it, most probably you will be suing the trucking company. Such a company becomes liable in an accident through its actions or vicariously through the actions of the truck driver.

There are many state and federal laws that trucking companies have to follow so that the safety of others on the road is maintained. From background checks of drivers hired to the number of hours a driver can drive a truck, there are many things a trucking company has to maintain to stay above the law.

A good truck accident lawyer will be able to find out how the trucking company can be made liable in your case. In case the driver was at fault, the company can be held liable for his actions. 

When The Truck Driver Is Liable

In other truck accident cases, the driver himself can be made liable. If your truck accident lawyer can prove that the driver was drunk or under the influence of drugs, then that becomes a personal liability.

It can also be the case that the driver was intentional in causing the accident.

Whatever it is, you will receive the maximum compensation if the trucking company itself can be proven liable. Your lawyer will be the best person to judge how to proceed in legal action. Who should be sued in your case is a matter that should be judged after proper studying of the pros and cons.

You Deserve the Highest Compensation

Being in a truck accident is something that will easily shake you up. But do the right thing and make that call to a quality personal injury or truck accident lawyer as soon as you can. This way you will get the compensation you deserve!

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Attorney

Who are probate attorneys?

Probate attorneys, also known as estate lawyers, trust lawyers, probate lawyers, are licensed attorneys who help executives and beneficiaries in settling financial affairs of a family. Licensed probate lawyers are usually experienced in estate laws. As a result, their legal guidance will allow the executors and beneficiaries in settling various complex financial affairs after the death of the individual. It is not necessary to have a probate attorney or estate attorney to settle financial affairs. It can be done with the help of trust as well. If a trust is involved or was appointed in the family estate planning, then the financial assets and investments can easily be transferred to the next generation without the need or interference of a probate lawyer. There is no need for legal proceedings if a trust is involved in the family estate planning. It is also a good way to cut costs as probate attorneys charge a hefty amount for their services.

A probate lawyer looks over the following things.

The various roles of a probate lawyer –

A probate lawyer helps in securing estate assets. He also makes sure that no taxes are due. He helps prepare and file documents that will be required in probate court. He acts as a legal advisor for the beneficiaries and the administrator. He helps in transferring assets to the beneficiaries. They also help in settling debts and resolving income tax issues. They can also offer their services during family estate planning. They can provide their legal guidance during the whole process of drafting wills and trusts. Family estate planning helps secure the financial future of the deceased person’s loved ones. It provides a sense of financial safety and security.

Whether you need a probate lawyer or not will depend on how big your estate is. Usually, wealthy people with large assets and investments require a probate lawyer because the distribution of such large assets between family members is complex. If the estate is small, then it is probably best that you avoid hiring a probate lawyer because they charge ridiculous amounts of money and if you can afford that money then go for it.

Suppose a will was present, then the probate lawyer will be used for advising beneficiaries on legal matters. The will can be challenged by the beneficiaries but generally, the probate process goes smoothly when a will is present.

In case, a will does not exist or the person died before the drafting of a will, then the probate lawyer will have to distribute the assets according to the estate laws. In such a scenario, the state/probate court will interfere to represent the best interest of the family. These laws vary from state to state. There is also an option of renunciation. Renunciation allows any family member who wants to become an administrator the chance to convince their family members to renounce their shares. If they agree to renounce their shares, then that person will become the sole administrator.

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Lawyer

Things To Know Before Filing A Suit Of Slip And Fall Accident

Slip and fall accidents happen every day across the country. Approximately 8 million people visit the emergency room due to slip and fall-related accidents every year. Slip and falls aren’t cheap either. According to the Centers for Disease Control and Prevention, creating a slip and fall injury would cost somewhere between $33,000 to $48,000.

20-30% of these cases result in serious injuries. At least 5% of people involved in a slip and fall break their bones. The majority of slip and fall victims are the elderly, as they are more vulnerable to serious injuries when they slip.

A slip and fall accident can occur anywhere. It typically happens whenever there’s a trip hazard on either public or private property. Slippery floors, unmarked ledges, and loose cables can also cause slip and falls.

The majority of these accidents happened in large venues where a trip hazard may be overlooked. For example, a cable in Home Depot was not marked or secured properly, which can trip an unsuspecting customer walking around the area.

It is always the property owner’s responsibility to ensure that their customers and guests are safe while they are on their property.

Here are some things you must know before filing a slip and fall lawsuit:

Who is liable in a slip and fall case?

The liability usually depends on where the accident occurred. If the slip and fall occurred in a mall, then the mall owner will be liable for the case.

But, you need substantial evidence to prove that the accident occurred due to the owner’s negligence.

You might have heard of the term “premises liability,” and that is where slip and fall accidents usually fall under.

The concept of the property owner being liable for any injuries sustained in their property is called premises liability. The owner is responsible for maintaining a safe environment at all times.

What Kind of Evidence Should I Present in a Slip and Fall Lawsuit?

The evidence that you need may depend on the type of slip and fall that happened, but generally, here are pieces of evidence that you must gather:

  • Clothes and shoes at the time the accident occurred
  • Surveillance footage, if available
  • Pictures of your injuries
  • Medical documents
  • Pictures of the objects or conditions that triggered the slip and fall
  • Witness statements
  • Accident report

By gathering all the necessary evidence, can help your attorney create a strong case for you and win you the financial settlement you rightfully deserve.

The Steps When Filing a Slip and Fall Lawsuit

Although each slip and fall case is unique, these are the steps that slip and fall lawsuits generally follow:

  • Filing the lawsuit.

This is the first step in the process. The lawsuit must be filed in the proper court and served on the property owner.

  • The property owner answering the allegations.

After filing the lawsuit, the property owner will have the chance to answer the allegations filed against them and tell their version of events regarding the accident.

  • The discovery phase.

This is where both parties would engage in a formal information-gathering process. This process usually involves “affidavits” (sworn retain statements) and “depositions” (sworn testimony). This phase is usually done before the trial.

  • Trial

If a settlement has not been reached between either party, then the case will proceed to trial. The victim or the “plaintiff” will need to prove the property owner’s negligence by presenting all the evidence they’ve gathered. The jury will then ask two questions:

– Was the property owner negligent?

– How much should you recover in damages?

Your lawyer will usually help you in this step. Once a verdict is returned, both sides have the right to appeal the decision.

What is Comparative Negligence?

Comparative negligence is used to determine the percentage of fault on both the plaintiff’s and the defendant’s sides. Each state may follow different laws when it comes to comparative negligence.

For example, in California, they follow “Pure Comparative Negligence Law.” This means that the state court will allow the injured party to collect the compensation for the damages regardless of whether they’re 50% or 99% at fault. However, the court will reduce the award depending on the plaintiff’s percentage of fault. The higher your percentage of fault, the smaller the recovery amount you’ll receive.

While you are focusing on your recovery, you must also regularly meet your attorney and exchange information with them. Ensure that you are being honest in answering whatever questions they ask you, as this can affect your case. Your attorney will usually ask how many days you missed work if you’ve received medical care yet, and how many days you were hospitalized. They will also ask if you’ve sustained any long-term injuries from the accident that can affect your employment in the future.

Business owners and corporations may try to disprove your statement or claim to avoid compensating you. Your attorney will be a good ally if that happens. They can create a strong argument and present definitive proof that can dispute the other party’s statements.

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