close

September 2021

Law

Why Is Independent Legal Advice Important Before Signing a Separation Agreement?

By signing a separation agreement, you are agreeing to a legally enforceable agreement that specifies how specific issues in your relationship will be handled. Whether formed by a lawyer or not, such an agreement is legally binding. You may get caught up in the emotional elements of moving on, and without knowing the relevant legislation and your rights, duties, and entitlements may put you in a potentially dangerous legal position. If you find yourself in this position, you should carefully consider hiring a family law attorney that works in this field every day.

To Avoid Giving Up Your Legal Rights

Each party’s lawyer helps write a separation agreement or nowadays you can also download separation agreement template. The Separation Agreement may handle child custody, child support, property split, and debt problems. It’s possible that essential provisions are left out or needless clauses are included if you don’t utilize a tailored separation agreement prepared by your lawyer. Some parts of the agreement may be too unclear to execute or may need judicial interpretation. To prevent future disputes about the meaning of the contract, it is best to have it drafted by a lawyer from the start.

For example, a common provision in lawyer-prepared separation agreements requires an annual financial report. For example, personal tax reports, personal tax notices of assessments, financial statements, insurance statements, and company financial statements must be given to and from your ex-spouse. If either party’s financial situation changes, child support is typically modified. The change may be positive or negative.

To Avoid Giving More Than Is Legal

Your lawyer can assist safeguard your legal interests by ensuring a fair distribution of family property. Your lawyer may point out sentimental and commercial worth to assist you avoids emotionally charged choices. Based on your age and income, your ex-age spouse’s and income, the length of your cohabitation, the number of children, their ages and other factors, your lawyer will advise you on the suggested range for spousal and child support. Your lawyer will also consider adding a review date.

To Help You Get What You Want

Your lawyer may be able to assist you to accomplish or abandon elements of your divorce that are important to you. For example, if you are connected to a house or remain the principal residence, you may try buying out your ex-spouse.  You can also look for the agreement online as if you can download separation agreement template.

To Provide Enough Details/Implementation Procedures

You and your ex-spouse may agree on many points in theory but disagree on the specifics. A 50/50 parenting plan with your kid and alternating weekends may be agreed upon by you and your ex-spouse, but the specifics must be worked out. So, where will the exchanges be after school is out? How are holidays split up? If a parent cannot take the kid at the specified time, does the other parent have the first refusal, or may the child go to the grandparents? Can a parent make up missed time with their child? What if a parent wants to relocate? These are just a few examples of issues that should be addressed in a separation agreement to prevent future disputes.

read more
Law

How Much Do Insurance Companies Pay for an Injury Claim?

An important part of every personal injury case is calculating the value of your claim. It’s impossible to say without knowing your specific situation, but insurance adjusters frequently use the same techniques and focus on the same essential elements when evaluating a claim.

What an Insurance Company Has to Pay Out

To figure out how much your claim is worth, you must first understand what kinds of damages you could be entitled to get compensation for in the event of an accident or injury.

When someone is judged to be at fault in an accident, his or her liability insurance company is responsible for paying for the following expenses for the injured person:

  • Medical care and associated costs
  • Earnings lost as a result of the accident, such as lost wages due to time away from work or treatment for injuries, or disfigurement. Loss of family, social, and educational experiences, such as missed classes or training, vacations or recreation, or a special event. “Pain and suffering.” and emotional damages such as stress, embarrassment.

Damages Calculation Formula for the Insurance Industry

It’s easy to tally up the money spent and money lost when figuring out compensation, but it’s much more difficult to quantify things like pain and suffering, missed chances, and missed experiences. This is where the damages formula of an insurance company comes in.

When negotiating a personal injury settlement, an insurance adjuster will often start by adding up all of the medical bills linked to the accident. Medical special damages, or “specials,” are the terms used to describe these costs. With that number, the adjuster can determine how much to pay the injured party for non-economic damages such as pain and suffering and other intangible losses, known as “general” damages.

If the injuries are minimal, the adjuster may increase the amount of special damages by 1.5 or 2. In cases where the injuries are severe or long-lasting, the adjuster has the option to increase the amount of exceptional damages by a factor of five.

If the adjuster is employing a formula, this may be the end of it. Medical specialties are multiplied by a number between 1.5 and 5, then added to lost income to arrive at this number. However, this is not the ultimate compensation sum; rather, it is the starting point for compensation negotiations. Find out how to deal with the insurance company while negotiating a personal injury settlement.

Calculating the Percentage of Fault attributable to Each Party

Whether or whether the insurance company will pay depends largely on how much each party contributed to the original accident. The damages formula offers you an idea of what your injuries might be worth, but you won’t know the true compensation value of your claim (according to injury law) until you factor in the issue of fault.

In most cases, you and the insurance adjuster will at least have a good notion of whether the insured person was fully at blame, or whether you were little at fault, or if you were significantly at fault. Whatever your comparative culpability percentage is, it will be subtracted from the damages formula total to arrive at a final value of 10 percent, 50 percent, or 75 percent. Learn how to determine who was at fault in an accident.

read more
Law

Common Errors That Lead to Medical Malpractice

While following proper procedures and practicing caution is necessary for any field, it’s even more crucial in the field of medicine. After all, in medicine, the consequences of a single error, no matter how minor, can be dire. In some cases, it can even cost someone’s life or cause permanent injuries. 

Unfortunately, medical errors tend to be common among healthcare professionals, even serving as the third leading cause of death in the US. In such cases, filing a medical malpractice claim with the help of a reliable medical malpractice lawyer in Chicago can be the best course of action.

However, not all types of medical errors can be considered medical malpractice. Therefore, you first need to identify the common errors that could lead to medical malpractice before you can file a lawsuit.

What is Medical Malpractice?

In general, medical malpractice is defined as a situation wherein a physician breached their professional duty to provide the proper care to their patients. This means that they failed to provide the care and competence necessary to treat their patients’ conditions.

Medical malpractice can occur in almost any healthcare setting, not just hospitals. In this case, you can also witness medical malpractice in medical offices, private clinics, nursing homes, and even your own home.

Common Types of Medical Errors That Lead to Medical Malpractice

In general, there are five types of common medical errors that can lead to medical malpractice lawsuits. They are as follows:

Failure to Diagnose or Misdiagnosis

Physicians need to first identify what the illness is to ensure that their patients receive the proper care to address their conditions. However, different illnesses can present similar conditions in some cases, making it difficult for doctors to diagnose their patients accurately.

Unfortunately, this type of medical error can lead to severe consequences for their patients. In many cases, it can lead to death because they received the wrong treatment, even none at all, due to the doctor’s failure to provide the proper diagnosis.

Surgical Errors

Surgeries are considered delicate medical procedures, and doctors need to follow the correct protocols to minimize risks. After all, any mistakes before, during, and after the procedure can result in devastating consequences for the patient, including further health complications, permanent injuries, and even death.

Anesthesia Errors

Anesthesia is commonly used for medical procedures considered too painful for the patient to bear without. However, anesthesia is considered a potent substance, and medical professionals need to closely monitor patients administered with anesthesia.

Failure to do so can result in severe consequences for the patient’s health.

Prescription Errors

Medications are often the first course of treatment for patients, with doctors prescribing medicines to treat different conditions. However, prescription errors tend to be common among doctors, although patients often do not report these mistakes.

The consequences of prescription errors tend to vary. In some cases, they can be as minor as a slight reaction to the wrong medication or dosage. In others, they can also lead to death, especially when the prescribed medicine has a strong reaction to other medications.

Childbirth Errors

This type of error can occur before, during, and after the patient gives birth. In such situations, neglecting to provide the proper care can harm not just the mother but it can also harm the baby. In some cases, childbirth errors can lead to significant issues in the child’s growth and development, impacting their lives.

Medical Malpractice Help with a Chicago Medical Malpractice Lawyer

Filing a medical malpractice claim can be tricky, especially since you’ll need to establish that your doctor committed an error that more competent physicians could have easily prevented. In this case, hiring a skilled Chicago medical malpractice lawyer can be the right choice.

They can help you not only establish your claim but also gather the necessary evidence to support it. They can also find qualified medical experts to testify on your behalf.

 

read more
Law

Do You Know How Long It May Take for Your Personal Injury Claim Settlement?

There may be a situation when you have injured yourself and your personal injury case is dragging for months and that may even lead to years. You might wonder, will it be possible to settle your case faster and for that, you may even be ready to accept less compensation money. Though it is not a good strategy, however, you can do it.

Now the important thing to consider is how much you will be ready to give up. These days often many lawyers suggest using a settlement calculator for personal injury that one can use based on their individual case.

Now let us try to understand what are the underlying reasons that may delay the settlement of your personal injury case. How long does it take to settle a personal injury case? This timeline of a personal injury case will show you how long it takes to settle a personal injury case.

1.    You need very extensive medical treatment for your multiple surgeries

Often it becomes risky to settle such a case before reaching maximum medical improvement. There can be several reasons like:

  • Difficult to recover
  • Need intense rehabilitation
  • Need multiple surgeries
  • Complex medical issues
  • Complications due to a failed surgery or infections.

An injury lawyer must track recovery, medical care, and other specific needs very carefully. The lawyer may be needed to consult with medical experts to speed up the assessing process to calculate the damages.

2.    There may be certain legal/factual issues related to your case

Sometimes, insurance companies try to evaluate your claim. They too have legal experts and if they find any weak evidence then will try to settle your case with either a tiny amount or deny it completely.

Sometimes, the insurer will question your credibility and hire certain private investigators for tracking your activities and reduce your compensation through certain unfair allegations. Therefore, you will need the help of an experienced lawyer to fight back legally and respond to all these allegations.

3.    You may have an injury claim that is of very high-value

For small claims like minor injuries are settled quickly. However, if your claim is very expensive then insurance companies use certain drastic measures or use delay tactics and slow down your claim process.

In such cases, mediation can be often beneficial. During this process, a neutral party, which will usually be a specially trained lawyer can help the parties negotiate, by finding some common ground.

4.    You are unrepresented

If you do not have any lawyer to plead your case, then the insurance company will have an advantage. Often, they will try to make your claim week by ordering various past medical records and ask you to undergo multiple medical exams.

They may avoid your phone calls, with the hope that finally you will give up and be ready for an unfair settlement.

These days, you can get in touch with any personal injury lawyer even through various social network sites like Facebook too. So, don’t let your case be unrepresented.

read more
Law

How a Tax Lawyer Can Help You Prepare for Your Tax Return

Are you someone delaying filing tax returns because tax is something mysterious or intimidating to you? Well, if that’s the case, then it might be high time for you to hire a tax lawyer.

Paying taxes is part of being a responsible citizen and taxpayer. But what most people often don’t realize is how compound interest on tax payments can significantly increase tax refund amounts. A tax refund lawyer in Makati can help you accurately file your tax forms. You will be confident that you are doing the right thing when filing tax returns and getting tax refunds. Here are the ways how a tax lawyer can help you with your tax return.

Preview tax return forms

Tax lawyers can’t possibly know all tax laws and tax return forms themselves. However, they are more than willing to offer their expertise in tax preparation by helping you preview tax return forms online before filing them out. They will also note added benefits that other tax professionals may not have noticed, such as tax deductions on medical and dental expenses, contributions to SSS or Pag-IBIG Fund, etc.

Recommend filing schedule

Tax lawyers can help you determine the best time of the year to file tax returns. A skilled tax lawyer will be able to assess your financial situation and recommend the optimal period for you to send in your tax return forms as well as pay your estimated tax payments.

Offer guidance on the best way to save for tax payments

Depending on your financial situation, you may not necessarily have to pay 100% of your tax liability during a certain period. Tax professionals can help you determine the most advantageous method of payment that will ensure you don’t overpay or underpay in taxes.

Discuss tax filing issues with the tax office

If you have qualms about certain tax issues, you can ask your tax lawyer to discuss them with your tax officer in the tax office. Together with your tax lawyer, you can conduct a tax audit to check if there are errors in tax returns and dispute tax liabilities or claims which you think are not justified by tax laws and regulations.

Assess penalties and charges

For some unfortunate taxpayers, the tax penalty amount can go up to an astronomical figure. A good tax lawyer will take the time to review your tax return forms and assess any possible penalties or fines you have to pay. They’ll also advise you on what steps you need to take for you not to be penalized.

File tax return forms and pay taxes on time

Just because the due date for tax filing is over doesn’t mean you can forget about your tax obligations. If you plan to hire a good tax lawyer, make sure that they can help you file tax returns and pay your estimated taxes on time. Hiring a professional will help you avoid unnecessary penalties and charges as well.

Be your tax guide

Last but not least, a good tax lawyer will act as your very own personal guide in all things related to taxes. Depending on your financial situation, they’ll advise you on what items need to be deducted and which ones are tax-deductible. No matter how good or bad your filing experience turns out, tax lawyers can also help you decide on the next course of action to take.

After all, it’s not a question of whether or not you need a tax lawyer that offers tax refund services in the Philippines —but rather when is the right time to hire one.

Conclusion

Understand your tax situation and get professional help from a qualified tax lawyer. Tax law is complicated, so it’s best to have an expert by your side who can answer all of the questions that come up along the way. A good tax lawyer will be able to provide you with top-notch service for preparing your taxes to ensure they’re done on time every year!

read more
Law

The Different Ways to Be Distracted While Driving

A driving distraction is anything that takes your attention away from driving your vehicle safely. According to the National Highway Traffic Safety Administration (NHTSA),3,142 people were killed in motor vehicle crashes involving distracted drivers in a single year in the U.S.  

There are several different types of distracted driving, and each one is dangerous and often deadly. As people become busier and busier with seemingly less time to do everything they need to do at home or at work before getting in the car to drive, drivers are spending more time in their vehicles, often attempting to multitask doing other things while driving.

If a distracted driver hit you and caused you injuries, you need to hold them accountable for your losses. Speak with a Nashville personal injury attorney about a possible claim today. 

Common Types of Distracted Driving

The Center for Disease Control (CDC)explains that there are three primary types of driving distractions, and these are as follows:

Visual Distractions

Visual driving distractions are those things that cause you to take your eyes off the road, even for a fraction of a second. Examples here include activities such as glancing at your GPS or phone, looking at your hands-free display in your car, or checking on kids in the back seat through the rearview mirror. The driver may have both hands on the wheel and thinks he or she knows what they are doing, but such visual distractions – no matter how short – are dangerous because they can often lead to accidents.

Manual Distractions

Manual distractions are those distractions that cause you to literally take your hands off the steering wheel while driving, such as taking a drink, eating, smoking, adjusting the radio, inputting directions on your navigation system, reaching for something on the floor, or using or trying to use your phone with one hand while trying to steer the car with the other.

Cognitive Distractions

Cognitive distractions are those things that take your focus and attention away from driving. This could be things such as talking to other passengers in the car, listening to a podcast, engaging in road rage, or even daydreaming. Being fatigued or stressed while driving can also fall in the same category.

Of all these types of distractions, driving while drowsy and losing focus on the road is a type of cognitive distraction that is suspected to contribute to over 100,000 accidents each year — and that includes 40,000 injuries and about 1,550 deaths.

At the same time, two of the most common distractions – talking on cell phones or texting while driving – are particularly dangerous because they both fall under all three types of distracted driving. It is for this reason that many states cracked down and enacted laws making the use of phones or texting illegal while driving.

A Nashville Personal Injury Lawyer is Here to Help

If you are the victim of an accident caused by a distracted driver, we can help you seek compensation for your injuries.Contact Bednarz Lawtoday for a free consultation and to learn how a Nashville personal injury attorney can help.

 

read more
Law

Best Legal Workflow Automation Solutions

Particularly present in the world of marketing, legal workflow automation makes it possible to gain in efficiency. Various tools and various legal workflow automation platforms exist today in an ultra-competitive sector.

To make things easier, try to think of the legal workflow as a construction plan for an Ikea piece of furniture: it shows you how to assemble the piece of furniture step by step. Each of these steps is preceded and followed by another until finalization. It also tells you how many people should be involved in the assembly, what accessories are provided, and what tools will be needed. Sometimes the manufacturing time is also specified to you.

The procedural legal workflow

That’s when the machine purrs. The business processes are perfectly mastered and always identical. Everything is predefined. We are talking about a “frozen” path. For legal workflow automation, this is a perfect choice.

The ah hoc legal workflow

Less locked in, this “legal workflow” invites users to intervene collaboratively to move the process forward and bypass any obstacles. We are talking about a “dynamic” path.

In both cases, the legal workflow has a particularity that we have not yet mentioned. This instrument for streamlining legal workflows is part of an automation approach directly linked to the computerization of processes. To go further, discover some legal workflow examples. The concept is therefore not recent. But its importance grows as the tools become more specific and efficient.

What is automation legal workflow?

Can be translated into French as “the automation of the workflow” legal workflow automation defines a process intended to automate the flow of information in a company. Concretely, this involves automating specific tasks via a succession of automated actions.

What about the use cases (examples) of legal workflow automation?

The use cases for legal workflow automation are extremely varied and can meet different needs. Legal workflow automation, or legal workflow automation, can, for example, make it possible to:

  • Create an automated email scenario
  • Bounce back from a cart abandonment by sending a promotional code, an additional offer or a reminder of the products still available in the cart
  • Automate the process of sending email on key dates in the calendar (birthday of a client or employee, etc.)
  • Set up a nurturing legal workflow etc.

Why use automation legal workflow?

The automation of legal workflow has several advantages. First of all, it saves time and efficiency by freeing some employees from repetitive and unproductive assignments. In fact, these same employees can now concentrate on more important missions. The automation legal workflow also limits the risk of errors linked to human intervention. Automating legal workflows can also be very helpful in streamlining communication.

read more
Law

Getting results: why you need a business insurance broker

Purchasing business insurance is a necessary part of Australian industry. Whilst it’s probably not the most exciting thing about owning a business, it’s still a vital element that can protect your business in a variety of ways.

So, having insurance is important, but what’s even more important is having the right insurance policy! If you need to make a claim but have the wrong policy you could find your business really suffering.

But it can be hard to know what the right policy is for your business and then secure it – this is where business insurance brokers come into the fray. These experienced professionals can go into bat on your behalf, finding the right policy for you before negotiating for it, allowing you to focus on other important aspects of running a business whilst your insurance is virtually taken care of for you.

So, what are some of the benefits of enlisting a business insurance broker? And how can they ensure you get the policy for your business’s needs?

  • They make things easier

There are so many elements to running a business that it’s understandable you might not want to bother too much with finding the right insurance policy for it – this is where business insurance brokers can help.

They do all the hard work for you, researching and brokering the best deal on business insurance on your behalf whilst you can continue focusing on the other important details of starting/running a business.

  • They take the time to learn about your needs

A good, experienced insurance broker will take the time to learn about and understand your business before going to work on finding the right policy for it. They want to build lasting, happy business relationships and will work hard on your behalf to ensure you are satisfied with their service – this is why business insurance brokers typically have the same clients for many years!

  • They have the experience to achieve top results

Experienced brokers have been working in the industry for years, ensuring businesses get the best results from their insurance policy and finding one that is most suitable for their needs. They know their insurance markets, and they know the different kinds of policies, meaning they can provide you with best advice on your policy as well as broker it on your behalf.

  • They help in the event of a claim

It can be quite difficult to deal with insurers – you probably know this as an individual or business owner. They often make things difficult in the event of a claim and this can be really frustrating. But if you have a reputable business broker working on your behalf they can handle the claim for you and likely get a better result due to their experience and industry knowledge!

  • They provide ongoing expertise

Modern business is an ever-changing game and insurance products are made to reflect these changes. When you’re running a business, it’s likely you won’t be spending too much of your time keeping on top of all the different products entering the market at any given time as there’s just not the time to do it!

However, a business insurance broker keeps on top of any risks facing your industry and can provide you with solid advice on whether your policy reflects these risks. Furthermore, they can help your business scale up or down in regards to its policy – they simply always have your back!

read more
Law

Can a Worker Compensation Attorney Help You With Wrongful Activities in Your Employment?

After suffering through a workplace injury you might be thinking about what the process is to claim your worker’s compensation and how this whole thing works? Well, the answer is getting in touch with an experienced workers compensation attorney

Every year countless employers and their insurers try to escape the responsibility of the injuries that a person faces at the workplace. This is also a reason why reaching out to a worker’s compensation attorney is important. 

These legal professionals even help you with various other works such as communicating with medical and insurance staff, providing advice on how to fill out crucial paperwork, and even clarify muddled legal processes. 

Below mentioned pointers will help you understand how reaching out to an attorney can help you.

  • Reach out to them as soon as you file your claim

The process of filing a claim is not that difficult. The victim can themself file a complaint but early partnering with a lawyer can be of much better use. This will help them to know each other which can be a benefit if the claims process turns out to be more difficult than it was anticipated. 

  • Look for them after you have suffered a workplace injury

If you are a victim of workplace injury make sure you reach out to a workers compensation attorney as early as possible. 

This is important, to ensure that they fill out an incident report quickly after the Incident has occurred. The report should contain information like, where the accident occurred, eyewitnesses to the accident, date and time of occurrence as well as the cause behind the occurrence. 

Following this make sure you seek medical assistance. 

  • What claims a law firm can handle for you

There are many different injury claims that a law firm can deal with, a few of them are mentioned below

  • Traumatic brain injury
  • Spinal cord injuries
  • Head injuries
  • Broken bones
  • Electrocution injuries and many more

However, the employer must look after their employee’s safety. Because many times the injuries caused could have been avoided by taking adequate safety precautions.

  • How they can help you after your claim is denied

Many of the victims are forced to ensure stress and uncertainty because the employer denied their claims. Where this process is already filled with hardship, insurance companies often increase the stress by leaving employees in a dilemma. Do they even have a right to ask for compensation? 

Well, the employees need to be strong and reach out to worker’s compensation attorneys to get proper navigation of the process. And also get navigated of appealing an insurance company’s decision regarding the claim denial. 

Conclusion

A workers’ compensation attorney’s job is to help employees who have been denied claims due to various reasons despite being right at their point. They help you settle your compensation cases if the insurer fails to resolve their case. 

After reading the article you must have got your answer that a workers compensation attorney will help you with the wrongful activities in your employment. Hence make sure you reach out to them to protect your best interests.

Author’s Bio

Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics. 

read more
Law

Divorce and Child Maintenance, Everything You Need to Know About them in The US

In the US, divorce has now become very common. However, when a couple divorces, the children face a crisis as they lose a family.  It is not only traumatic for a child, but it can be emotional for the parents too. A divorce lawyer can help the divorcing parents to get an applicable custodial system for the underaged child. 

Here, you can know about the types of child custody divorcing parents can get in the US. Consider going through this article thoroughly if you plan to divorce anytime soon and are concerned about your child. 

Types of child custody in the US

There are multiple types of child custody in the US. Go through the following part and check the most appropriate kind of custody you can get:

Joint Physical Custody

In the case of Joint Physical Custody, the child is allowed to keep contact with both the parents after a divorce. It is the most convenient type of child custody the US courts grant to a divorcing couple. 

In the case of a JPC, a court provides a schedule for the child in terms of responsibility and costs related to the custody. In this type of custody, the child can always stay in touch with both parents.

Legal Custody

Legal custody assures that a parent can take all significant decisions relating to the child’s life. In this case, the role of a divorce lawyer becomes prominent. The best they can do is settle the legal custody of a child in the style of JPC. 

However, if one parent turns down to have the child’s responsibility, it can be turned into Sole Legal Custody. The details of Sole Legal Custody are given below. 

Sole Physical Custody

A child is provided with Sole Physical Custody if any of the parents refuse to take the responsibilities of a child. In this case, one of the parents will have the all-around right over the child. 

The non-custodial parent, however, can meet the child as per the visiting laws. The court makes the visiting laws, and the divorce lawyer oversees it. Due to this reason, you must hire a proper person who can ensure suitable future days for your child.

At times, a growing child can face an emotional trauma in starting to live with one parent only. So, you should always try to settle a divorce mutually and take Joint Physical Custody for your child. 

Conclusion

Whether it is a divorce or a child custody case, a divorce lawyer can always be a great support. You must always choose someone who practices in your locality. In that case, he is more likely to know your socio-economic condition and file a divorce case accordingly. Another thing you must remember is counseling your child correctly while you are planning for a divorce. Mental trauma should never be there with your child as it can lead them to long-term disorders.  

Author’s Bio

Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics. 

 

read more