Pro Law Guide: Blog Pro Law Guide: Blog https://www.prolawguide.com/blog/ Copyright by Pro Law Guide en Pro Law Guide Thu, 08 Jun 2023 19:18:44 -0400 6 Uncommon Exclusions in Some Disability Policies Insurance and disability policies are helpful in safeguarding a person’s income. However, they are still legal documents that are often highly complex and can be difficult for a layman to fully understand. The majority of professionals don’t take enough time to read through them before signing, which can lead to uncertainty and, in some cases, a denial of claims. We have put together a list of six uncommon exclusions that can be found in many disability policies.

Exiting The Country

Photo by Mikhail Nilov: https://www.pexels.com/photo/woman-talking-to-her-clients-7734597/

Most people receiving residual disability benefits will spend their time out of work trying to heal. However, even those with disabilities may find the need to travel on occasion. Spending six months or more outside of the country, however, is enough cause for an insurance company to deny a claim or end their benefits.

The Use of Elective Treatments

Any medical procedure that is voluntary, but results in a disabling injury may be denied if a claim is filed. For example, fertility treatments that result in short or long-term disability will not qualify for coverage. The same goes for disabilities caused by cosmetic surgery.

Veterans Injuries

Veterans often suffer physical and emotional injuries that result in disabilities later in life. In many cases, any disabilities that are rooted in the previous service of a Vet typically won’t be covered under a disability policy.

Acts of War

In most cases, there is no way to predict when war or an act of war will affect the population. A common exclusion in disability policies is that benefits won’t cover disabilities caused by an act of war. Sadly, the language is often very vague which makes it harder to understand what it covers, and what it doesn’t. For example, many people who became disabled during the 9/11 attacks were denied disability coverage under this exclusion.

Mental Illness

Photo by Mikhail Nilov: https://www.pexels.com/photo/person-holding-black-calculator-while-using-laptop-8296981/

Those with catastrophic injuries that result in a disability have an easier time getting benefit approvals due to the copious amounts of medical proof available. Mental illness, however, is riddled with exclusions that often result in benefits being denied. For example, if a person attempted to harm themselves as a result of their mental illness, their claim can be denied.

Disability That Occurred During Incarceration

If a person goes to jail for any reason and they suffer an injury that causes a disability, they most likely won’t be covered. Even if the person was never charged or proven innocent, injuries received during incarceration are typically excluded.

Getting Coverage & Fighting Denials

It is important to properly vet any disability policy and its exclusions prior to making a coverage decision. This will ensure that you or your employees will have the coverage they need when it is most important. In the event that a claim is filed and it has been unjustly denied, there is help available. Working with a disability insurance lawyer is the most efficient way to secure the benefits that you are owed and deserve.

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Uncategorized https://www.prolawguide.com/blog/6-uncommon-exclusions-in-some-disability-policies/ https://www.prolawguide.com/blog/6-uncommon-exclusions-in-some-disability-policies/ Editor Wed, 31 May 2023 08:34:41 -0400
Injury Settlements Can Help Victims Cover Medical Bills

 “How much will it cost me to treat my injuries and damages?” is a question that weighs heavily on the minds of car accident victims. The medical bills that follow such a catastrophic event go up to tens of thousands of dollars, especially when you consider a treatment like physiotherapy. To get the right amount in settlement, you need the help of an experienced personal injury lawyer because the insurance company alone wouldn’t be good enough.

Car accident settlement cases are complex, and in the wake of such a tragic event, it becomes incredibly complicated for the victim’s family to look after it themselves. While insurance may cover a portion of the expenses, you won’t know what your injuries are truly worth unless they’re assessed by a medical professional who’s experienced in treating car accident injury victims.

Establishing medical expenses

With a lawyer by your side, you might not need to pay all your medical bills right away. Personal injury lawyers have good connections with doctors who specialize in treating such victims and have no problem being reimbursed later. When it comes to establishing damages, medical bills contain the most valuable information regarding the extent of injuries and pain the victim suffered.

However, to present these bills in court as proof, there are a few things every experienced attorney should consider.

  • Over-relying on bills is not always a good idea if they do not have treatment notes that help establish pain levels or other intangible issues
  • Medical bills are not always accurate when it comes to diagnosis issues.
  • Witnesses of the incident can not only testify about the accident but also how it affected the injured party
  • Medical bills only qualify to be admissible in court if the attorney has taken steps to lay the case foundation properly

How car crash settlement claims are divided

Auto accident settlements are divided between parties that provided financial aid during the case. For example, if the health insurance provider paid for the injury treatment before the case was settled, they are owed the amount after the settlement. Settlements are usually divided between insurance companies, medical providers, and personal injury lawyers before the victim receives their full and final portion. Let’s discuss these in more detail.

  1. Victim reimbursement

Auto accident victims are often eligible for various types of compensation, known as ‘accident damages.’ This can be further classified into two categories: Economic or special damages and Non-economic or general damages. Economic damages are expenses directly related to the loss of a specific dollar value, such as lost wages. Accident victims can seek reimbursement for all types of economic damages, including vehicle repair costs which should be borne by auto insurance coverage.

Non-economic damages are expenses not directly related to any monetary amount; examples are pain and suffering. Since these types of damages are intangible, the compensation is handed out to make the victim feel whole again.

  1. Legal costs and attorney fees

Since car accident attorneys work on a contingency basis, you’ll have to pay their fees after they successfully get you a settlement. The usual charge is between 30-40% of the settlement amount. The costs associated with making progress with the case, such as the cost of filing to initiate a lawsuit and other expenses, are tracked throughout and settled against your compensation amount.

Even though 30-40% of the settlement value may feel like a significant amount, you’re essentially putting yourself under no risk by agreeing to a contingency-based contract. And the amount leftover in such a case will be far more than what you’ll likely get from the insurance company.

  1. Auto insurance reimbursement

Whether you live in an “at-fault” or a “no-fault” state, the amount you receive in reimbursement or whether you’ll receive anything at all will depend. In a no-fault state, your Personal Injury Protection or PIP insurance would cover your medical expenses. In contrast, in an at-fault state, the at-fault driver’s insurance company will step in. In the latter case, the amount you can recover would depend on the driver’s injury liability coverage.

Remember that in case of car accidents, it’s not always possible to determine which driver was responsible. In complicated cases where the fault is not apparent, both parties will be held partially at-fault, and the insurance companies will investigate the extent of negligence of each driver. The definition of ‘negligence’ is defined by every state and is distinct, so depending on where you live and the extent of your fault, the way how your claim is handled will depend.

  1. Health insurance

Health insurance is not the first to cover your medical bills, as health coverage only kicks in once the other policies, such as PIP coverage, have been exhausted. If you use your personal health policy to treat injuries caused by an at-fault party, the insurance company will expect to get paid back once you receive a settlement.

Both private and government-based providers like Medicare and Medicaid will expect reimbursement after the settlement. However, if you don’t have insurance and a health insurance company doesn’t pay for any treatment before the settlement is made, the reimbursement amount will go directly to the medical provider that started the treatment.

Negotiating cost of medical bills

Every accident victim has the legal right to negotiate medical bill costs without impacting the way how the total settlement amount is calculated. In most personal injury lawsuits, the negotiations on medical expenditures are done after the settlement has been decided to make sure the victim has enough to reimburse the owed parties.

A personal injury lawyer also has the right to review items mentioned in the bill for evidence of overcharging or balance billing, if any. They can also go over their client’s insurance coverage and terms of the contract with the medical provider to make sure all listed costs are accurate.

If you’re awarded a settlement, legal costs, medical expenses, and other related fees will be deducted from the total amount. You’ll be entitled to keep the rest of the compensation for treating damages like pain, suffering, and lost wages. A car crash lawyer can help retain your portion of the settlement so you’re back on your feet again.

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5 Steps to Take After a Car Accident

If you're ever involved in a car accident, it can be difficult to know where to turn or who to contact. You may feel overwhelmed and uncertain of what steps to take next. Fortunately, there are some tried-and-true guidelines for dealing with the aftermath of a car accident that will help protect your safety, financial security, and emotional well-being. There are five essential steps you need to take after being involved in a car accident.

What to Do After a Car Accident

Even if you think the accident was minor, it is always important to follow these steps in order to protect your legal rights and ensure that you receive proper compensation for any damages. The aftermath of an auto accident can be confusing and daunting but following these steps will make sure that you are prepared for anything that may arise.

Seek Immediate Medical Attention

Being in an accident can be a traumatic experience, but it's important to stay organized and seek medical attention as soon as possible. Visiting a doctor immediately after an accident can help determine the extent of injuries and begin the healing process. It's also important to keep records of all medical visits, including doctor's notes and bills, to document any injuries and ensure proper compensation. By staying organized, seeking medical attention, and keeping proper records, you can take control of the situation and move towards a full recovery.

Take Photos of the Scene and Document the Details

In the aftermath of an accident or incident, taking photos of the scene and documenting details can be essential in determining what exactly happened. By including details such as license plate numbers, make and model of vehicles, and names and contact information of witnesses, you can create a clearer picture of the situation in question. And, by organizing this information thoroughly, you can be better equipped to present it to authorities or insurance companies if necessary.

Notify Your Insurance Company

It is crucial to notify your insurance company as soon as possible. This step not only helps start the claims process but also ensures that you comply with any specific policies that the company may have. When you contact your insurance provider, it's important to be organized and provide as many details as possible about the incident. This may include information about the date and time of the incident, the people involved, and any damages that were incurred. By being proactive in your communication, you can help expedite the claims process and get the support that you need from your insurance provider.

Contact a Qualified Car Accident Attorney

When it comes to auto accidents, the legal process can be overwhelming and confusing. That is why it's important to find a qualified attorney who specializes in these types of cases. Not only can they guide you through the legal paperwork and process, but they can also represent you in court if necessary. It is important to do your research and find a car accident attorney who has a proven track record of success and experience in auto accident cases. With their expertise and knowledge, you can feel confident that you have someone on your side who will fight for your rights and help you get the compensation you deserve.

Gather Evidence and Provide Details to Your Attorney

To build a strong case, your attorney will need information from various sources such as photos from the scene, medical bills, police reports, and insurance policy numbers. It can be overwhelming to keep track of everything, but taking the time to arrange your evidence in an orderly manner will save you time and stress down the road. By presenting your attorney with clear and concise information, you'll ensure that they have everything they need to advocate for you effectively. Remember that every detail counts, so don't leave any stone unturned.

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Should I DIY My Own Divorce Case? When you decide to divorce, you likely want to get through it as quickly as possible. Divorce is painful, and emotions run high. As such, many well-meaning spouses may try to tackle their divorce case on their own. They may want to save money and hope that a DIY divorce is an easy answer to all their problems.

Unfortunately, handling your own divorce case will likely cost you more time and money in the long run. Mistakes are easy to make, and trying to do it yourself could cost you significantly in the future.

Dangers of a DIY Divorce in Georgia

In Georgia, you can file a divorce yourself, and you do not need legal representation. However, there are many pitfalls going this route. Even if your divorce is uncontested and you and your ex agree on everything, you might forget to account for pensions, retirement funds, or other assets. To minimize your risks, it is essential to have legal representation throughout the process.

Lots of Complicated Paperwork

Filing for divorce involves a lot of paperwork. The language in that paperwork matters and can affect your entire future. The documents you must file are dependent on the county where you reside. If you fail to include county-specific forms, this can delay your divorce proceedings.

Complicated Calculations

You must prepare for even more paperwork if you have children, real estate, debt, or assets. Divorcing couples must complete detailed calculations regarding spousal support, child support, and asset distribution. But remember, what seems “fair” to you now, might be far from fair according to the courts. It may also be less than you need in the future.

Failing to Account for Children’s Needs

In addition to calculations, you will need to include a detailed parenting plan. This plan must cover who is in charge of taking care of the children, providing for their needs, and sharing the costs of their activities. Many couples who attempt to DIY their own divorce fail to account for shared expenses, such as summer camps, holidays, vacation time, and college expenses. They also fail to consider tax implications or who can decide about issues like vaccines and religion.

Missing Deadlines

Filing your own divorce is complex. It requires being on time with documents and making all mandated court appearances. If you miss a deadline or a court hearing, you may lose out considerably. Missing deadlines is not taken lightly in divorce cases and could set your divorce back longer.

Increased Stress

When going through a divorce, it's essential to have someone on your side who can help you through the process. While do-it-yourself divorce may seem like a good idea, it can cause you more stress in the long run. Many laws govern divorce, varying from county to county in Georgia. If you're not familiar with your county's laws, you could make mistakes that could cost you later on. You must also negotiate the terms of your divorce with your spouse. This can be difficult and stressful, especially if you're not used to negotiating.

Cost You More Money

Most divorcing couples choose the DIY route because they hope to save money. They believe that hiring a family law attorney will be too expensive and that they can save those costs by doing it themselves. While you might think you're saving money by doing your own divorce, you could end up spending more in the long run. If you make mistakes on the paperwork or don't understand your state's divorce laws, you could pay more in legal fees later on.

Overall, it's important to consider all your options before you decide to try a Do-It-Yourself divorce. While it might seem like a good idea at first, it could actually cause you more stress in the long run. Talk to an Atlanta divorce lawyer to learn more about your options and what would be best for you.

Contact Our Atlanta Divorce Attorneys

If you have questions about divorce in Georgia or any type of family law matter, our lawyers are here to help.

At Hobson & Hobson, P.C., our Atlanta divorce attorneys know that you want to get divorced as quickly and as painlessly as possible. We can help you do just that. Our attorneys can meet with you to discuss the divorce process and guide you through what comes next. 

Call us at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.

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Combating Promotion Discrimination: Protecting Career Growth and Workplace Equity in Connecticut Federal employment laws have become a shield for workers, guarding them against any kind of 

discrimination based on their gender, sexual orientation, medical conditions, race, religion, or national origin. The laws are strict in that employers must not make any employment decisions that take into account these protected characteristics. Though obvious forms of discrimination such as wrongful termination or refusal to hire are frequently noted, the problem of promotion discrimination often goes unnoticed, although it has a significant impact on workplace equity. The detrimental effects of discrimination during the promotion process can lead to unequal opportunities and foster a hostile work environment, a factor that many tend to overlook. If you are a victim of such discrimination, seek help from employee rights lawyers in Connecticut.

Promotion Discrimination in the Workplace:

Due to a systemic bias against certain personal characteristics, workers may face unjustifiable restrictions on their career advancement within an organization.

The power to determine your career growth should not rest on personal factors that are beyond your control. When you meet the qualifications for a promotion, you should be considered equally alongside other candidates based on your educational background, work performance, and experience.

However, the sad reality is that some businesses and individuals in authoritative positions may indulge in discriminatory practices when making promotion decisions. These practices may involve giving preference to job applicants of a particular race while overlooking others, or exhibiting favoritism towards younger workers while ignoring qualified candidates above the age of 40.

If you feel that your personal characteristics, rather than your qualifications, are the reasons why your company repeatedly denies you a promotion, then it is possible that you have become a victim of discrimination.

Substantiating Claims of Promotion Discrimination

It can be challenging to understand the reasoning behind a company's hiring or promotion decisions. However, identifying a pattern of behavior can help make things clearer.

If you can demonstrate that multiple qualified individuals with similar attributes are treated similarly, or that the people who receive promotions share common characteristics beyond their job requirements, then this could support a claim of discrimination. Such discrimination may be responsible for preventing you and other workers from having equal opportunities for career advancement in the company.

Final Thoughts:

The issue of promotion discrimination is a critical workplace concern that can impede the progress and development of individuals based on their personal attributes. Seeking advice and assistance from an employment lawyer can be an essential step toward addressing this matter and obtaining valuable guidance and support.

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6 Reasons Why Someone Has Falsely Accused You of a Crime False accusations are one of the most serious crimes you can be accused of. They have the potential to ruin your life and cause irreparable damage to your reputation. This is why it's imperative that, if you're ever falsely accused, you know how and why this happened so that you can protect yourself from further harm, as well as avoid being victimized by this person in the future. Here are six common reasons why someone has falsely accused you or anyone of a crime:

To Get Out of Trouble

One of the most common reasons that someone falsely accuses someone else of a crime is to get out of trouble. This can be for any number of reasons, but often it happens because they are afraid that if they don't accuse you, then something bad will happen to them. It could also be that they are trying to avoid punishment or prosecution by making up a story about you committing some sort of crime, even though this is not true at all.

To Get Attention

There are many reasons why someone might falsely accuse you of a crime. Sometimes, they do it because they are bored or want to be the center of attention. Other times, the accuser could have mental health issues and be making up stories. In some cases, people call the police and make up a story to have the police arrest the person they are accusing of a crime. For instance, this is something that keeps occurring in the US.

To Get Their Way

Sometimes, people will falsely accuse someone of a crime to get their way. In some cases, this can be done with the hope that it'll force the other person into giving them what they want. In other cases, the accuser might simply believe that they are doing justice by falsely accusing someone who they think deserves punishment for what they have done.

As an example, in some states, like Chicago, the police are frequently called to investigate issues in retail stores because one of the patrons wants to harass staff. Or, the police are often called out to have a young man or woman arrested, just because they are standing somewhere.

Fortunately, when someone is falsely accused of a crime and arrested, they can get in touch with the Chicago wrongful conviction attorneys, who can help the innocent to navigate the complicated waters of the justice system.

Because They're Psychotic

One of the most common reasons for a false accusation is that the accuser has a mental illness, such as schizophrenia or bipolar disorder. People with these conditions often have delusions, which are false beliefs that are not consistent with reality. Delusions can be paranoid (thinking someone is out to get you), grandiose (believing you're special), or religious (that God wants something from you).

Because of Mental Illness

Mental illness is a serious problem in our society, and it can cause people to behave in ways that are not normal. For example, if you have schizophrenia or another psychotic disorder, and you think someone is trying to hurt you or your family members, then you might accuse them of committing a crime. You may even threaten them with violence if they don't leave your house immediately.

For Revenge or Personal Gain

Revenge or personal gain is a reason why someone would falsely accuse you of a crime, because they want to inflict some kind of pain or harm on you. They might be angry at you for something that happened in the past, and they're looking for an opportunity to get back at you.

Or, perhaps they've been hurt by someone else in their life and are using you as an outlet for their anger. They may also have low self-esteem, which makes them feel like no one listens to what they have to say, so they need to exaggerate some of their stories so people will pay attention.

In the end, their accusations can be taken seriously and could have serious consequences. So, you must take these accusations seriously.  

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Checklists on Creating And Following Through On A Repayment Schedule If you have debt, creating a repayment schedule can be an effective way to get back on track financially. However, it can be difficult to know where to start when it comes to creating and following through with a repayment plan. If you are filing a bankruptcy in Montgomery then it can get rid of the debts altogether. That's why we've put together this checklist of steps that will help you create a successful repayment schedule.

1. Gather All Your Debt Information

The first step in creating a repayment schedule is to gather all the information about your outstanding debts. This includes the amount owed, interest rates, monthly payments, and due dates. You can use this information to prioritize which debts should be paid off first and how much money you need to allocate towards each debt.

2. Determine Your Budget

Once you have all your debt information, it's time to determine how much money you have available each month for debt payments. Take a look at your income and expenses and figure out how much extra money you can put towards paying off your debts each month. Make sure to include any minimum payments required for each debt.

3. Create A Repayment Plan

Using the information from steps 1 and 2, create a repayment plan that works for your budget and goals. There are two main approaches to repaying debts: the snowball method and the avalanche method.

The snowball method involves paying off the smallest debts first while making minimum payments on larger debts. Once the smallest debt is paid off, move on to the next smallest debt and so on until all debts are paid off.

The avalanche method involves prioritizing debts with the highest interest rates first while making minimum payments on lower interest rate debts. Once the high-interest rate debt is paid off, move on to the next highest interest rate debt and so on until all debts are paid off.

Choose whichever method works best for you based on your financial situation and goals.

4. Set Up Automatic Payments

One of the easiest ways to ensure that you stick to your repayment plan is by setting up automatic payments for each debt. This ensures that you never miss a payment or make late payments which could negatively impact your credit score.

5. Monitor Your Progress

As you begin making payments towards your debts, it's important to monitor your progress regularly. Keep track of how much has been paid towards each debt each month as well as how much interest has been accrued.

This will help keep you motivated as well as allow you to make adjustments if necessary such as increasing or decreasing payments towards certain debts based on progress made over time!

6. Adjust As Needed

If you find that your original repayment plan isn't working for whatever reason (i.e., too aggressive/conservative), don't be afraid to adjust things accordingly! Reassessing what already done so far might uncover areas needing improvement further down line too; flexibility key here since life happens!

7. Celebrate Milestones Along The Way

Paying off debt can feel like an overwhelming task but remember that every little bit counts! Celebrate milestones along the way such as paying off one of your smaller debts or hitting a certain percentage of overall progress made thus far! Take time to acknowledge these accomplishments because they serve as reminders why I started doing this whole process in the first place!

Creating a successful repayment schedule takes some effort upfront but it's worth it in order to get out from under any burdensome financial obligations hanging overhead right now! By gathering all necessary info upfront/determining budgetary constraints beforehand/creating a solid plan based upon individual circumstances/goals/etc., one sets themselves up greater chances of success throughout the entire process itself rather than just hoping everything works out alright without proper preparation beforehand!

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Uncategorized https://www.prolawguide.com/blog/checklists-on-creating-and-following-through-on-a-repayment-schedule/ https://www.prolawguide.com/blog/checklists-on-creating-and-following-through-on-a-repayment-schedule/ Editor Sun, 26 Feb 2023 22:07:15 -0500
Why Oilfield Truck Accidents Happen So Often An oilfield is a dangerous environment. Even if a truck driver takes precautions when traveling through an oilfield, there is always a risk of an accident. With a clear understanding of oilfield truck accidents and why they happen so often, you can do your part to prevent these incidents from happening. 

What Causes Oilfield Truck Accidents?

Research indicates the fatality rate of workers in the oil and gas industry is at least seven times higher than that of employees in other sectors. For truck drivers who travel through oilfields, the risk of accidents can be significant. Common reasons why oilfield truck accidents take place include:

1. Distracted Driving

Thousands of people die annually in the United States in distracted-driving accidents. Meanwhile, a distracted truck driver is unlikely to keep their eyes on the road when navigating through an oilfield. This can lead to an accident in which people are hurt or killed, and property gets damaged. 

2. Driver Fatigue

Many oilfield employees work 12 to 15 hours per day and more than 40 hours a week. An oilfield truck driver who spends long hours behind the wheel can feel exhausted. If this happens, the driver is more prone to slow reaction times, which can ultimately result in an accident. 

3. Poor Vehicle Maintenance 

It is a trucking company's responsibility to allocate the time, energy, and resources necessary to maintain its vehicle fleet. Otherwise, a defective truck can malfunction when a driver is traveling through an oilfield. In the worst-case scenario, a defective truck will not stop properly, which can lead to an accident. 

4. Lack of Driver Training 

There are various criteria that must be met for an individual to earn a Commercial Driver's License in Texas and other parts of the United States. If a driver lacks sufficient training, this individual is likely to make mistakes when traveling through an oilfield. It only takes a single mistake from a truck driver to cause an oilfield accident. 

5. Failure to Follow the Rules of the Road

Myriad protocols are in place for driving trucks through oilfields. If a truck driver speeds or ignores other protocols, this individual can cause an accident. This driver can also be held responsible for any injuries, fatalities, or property damage that occurs during the accident. 

Recent data indicates that Texas accounts for nearly 13% of all fatal truck accidents nationwide. Oilfield truck accidents may be one of the biggest reasons why this is the case. Together, truck drivers, their employers, and others can find the best ways to limit the risk of fatal truck accidents and other oilfield dangers. 

How to Avoid Oilfield Truck Accidents

There are several things you can do to guard against truck accidents in oilfields, such as:

1. Err on the Side of Caution

A truck driver must get the right training and stay up to date on oilfield safety rules and regulations. If there are any concerns or questions about what to do when driving in an oilfield, the driver should notify their employer. In addition, a driver must keep their employer informed about any oilfield hazards they encounter and make sure these issues are addressed immediately.

2. Perform Regular Vehicle Maintenance

Take a look at your truck before and after you drive it. If you identify any performance issues, address them prior to driving your truck. Take a truck out of operation until any performance problems are fully resolved. 

3. Take a Break 

If you feel exhausted and too tired to drive a truck, notify your superior. Remember, there is no need to put yourself or others in danger. By taking a short break, you can relax and revitalize your body and mind — and may be able to avoid a truck accident that occurs due to exhaustion and fatigue. 

4. Eliminate Distractions

Turn off your smartphone and remove any other potential distractions when you are driving a truck. The more distractions you remove, the more likely it becomes that you can stay focused behind the wheel. Most importantly, you can complete your work in an oilfield as planned and avoid accidents. 

5. Strive for Constant Improvement

Continue to look for ways to get better when you drive a truck in oilfields. You can meet with your manager and explore ways to bolster your performance behind the wheel. Plus, you and your manager can work together to optimize your safety. 

There is no telling when a truck accident in an oilfield will occur. If you or someone you know is involved in an oilfield truck accident, make sure all parties involved receive medical attention. From here, you can learn from the incident and do your part to prevent future truck accidents. 

The Bottom Line on Why Truck Accidents in Oilfields Happen So Often

A truck driver can do their part to protect against truck accidents in oilfields. If you or someone you know is injured in an oilfield truck accident, you can also seek help from an experienced oilfield injury  attorney. Then, you and your lawyer can seek justice against anyone responsible for your oilfield truck accident. 

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How Workers’ Compensation Works in Nebraska If you have sustained injuries while on the job, you could be facing mounting medical bills and lost income. In some instances, you might not be able to go to work because of the injury. As you navigate the workers’ compensation system in the state, Workers’ Compensation lawyers in Nebraska can support you at each step of the process. They can review your case to determine its strength and collect the necessary evidence to support it.

Filing for Workers’ Compensation 

Accidents occur on the job all the time. This is the reason state law requires companies to carry workers’ compensation insurance that covers injured workers. Filing for workers’ compensation following a work-related injury provides different benefits to injured employees. If you are in this situation, you can recover damages associated with your injury including lost wages, medical bills, and disability benefits. 

Some injuries do not qualify for workers’ compensation. However, in general, if the accident took place in your workplace or while taking part in a work-related activity, you can be eligible for compensation. 

Right after the workplace injury, you must report it to your supervisor right away. You may have to fill out a form or incident report. Also, ensure you go to a physician as soon as possible. By consulting a doctor, you can seek treatment for your injuries and establish the injuries for the record. 

In addition, your doctor may outline the work restrictions according to their evaluation of your injuries. Ensure you communicate such restrictions to your supervisor, so adjustments can be made. After you visited the doctor and notify your employer about your injuries, they will contact their insurance carrier, which will decide on your claim. 

How to Deal with Worker’s Comp Delays or Denials

Workers’ compensation insurance companies do not automatically approve claims. They will review the claims first together with the employer of the injured worker. If they approve your claim, you can get the benefits you deserve as soon as possible.

But if your claim is denied, you can challenge the decision of the insurer by filing a petition with the workers’ comp court. From there, the claim can be resolved out of the courtroom or decided by a judge. This process can be quite complicated; however, an attorney can help.

Obtaining the compensation you deserve following a workplace accident can be hard. Insurance providers can delay or reject the claim. Sometimes, your employer may not pay the benefits you need. Thankfully, a skilled workers’ compensation insurance company can help you pursue the benefits you are entitled to. 

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Uncategorized https://www.prolawguide.com/blog/how-workers-compensation-works-in-nebraska/ https://www.prolawguide.com/blog/how-workers-compensation-works-in-nebraska/ Editor Sat, 04 Feb 2023 22:26:46 -0500
Why Choose A Divorce Attorney? Marriage is a social institution. There are many matrimonial sites available for finding good matches. Blind love adds butter to the bread. But the real issue starts when conflicts and misunderstandings rise above love and commitment. 

As a result, unfortunately, there is an up graph in divorce cases, sometimes reaching up to seventy percent of the population. Extramarital affairs, incompatibility among partners, loss of trust, and ego clashes are some of the main reasons for divorce. The blame game starts and gradually unravels discords, calling in for external help. This is why people choose a reliable divorce lawyer. 

Why Should You Hire A Divorce Lawyer?

Divorce Can Help to Balance The Situation

When break up is inevitable, and you have decided that you will take a divorce from your spouse at this juncture to resolve issues, bring a settlement, and give you justice, a professional divorce lawyer is hired to sail smoothly in the period of turmoil. 

Divorce Lawyers Manage The Court Work

Collection of the right pieces of evidence, paperwork documentation, assembling legal work, and trials can only be managed by a lawyer who is well equipped.   

Suggests The Necessary Steps

An experienced divorce attorney can suggest good mediation. Like one size fits all approach, cost handling, evading law hassles, looking up to children’s finest interests, and many more.

Guides The Timeline

Divorce cases can last as short as a few months or as long as several years. You, as a client, must know the correct timeline of the running case and trials. Missing a court date by you or your ex-spouse can postpone the divorce case and complicate matters. Your legal team will support you in guiding the timeline. 

Helps to Negotiate While Getting A Divorce

You can achieve the finest negotiation through a competent attorney who can settle your financial future, legal shares, marital assets, and post-divorce budgets. But, unfortunately, these financial problems cannot be mitigated by you alone.

Provides Emotional Support

Trials are sometimes horrifying. They make your life miserable. That is why a divorce attorney can become a great emotional support. Often your attorney keeps you calm and pacified, refrains you from making hasty decisions, and helps properly synchronize dialogues. Since divorce is such a jarring situation, emotions are at their peak. Denial, anger, and anxiety, which negatively impact the mind and body, can only be eliminated by dedicated legal help. 

Helpful to Get Child Custody

Child custody is one of the most decisive factors in a divorce case. Your past partner can demand your child inappropriately, which may be difficult for you to accept. An attorney can settle this condition from a neutral position by suggesting sole custody to any one parent, restricted spouse access, and the child’s weekly visits to any one parent.

Conclusion 

Letting go is difficult. Only a potential attorney can help you fight out the situation and promise a comfortable life after divorce. What is lost cannot be retrieved, but what can be gained out of that loss is the area where legal guidance is needed. Consult a divorce attorney soon to start your next chapter of life with more confidence.

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Uncategorized https://www.prolawguide.com/blog/why-choose-a-divorce-attorney/ https://www.prolawguide.com/blog/why-choose-a-divorce-attorney/ Editor Fri, 03 Feb 2023 07:58:21 -0500
What Can an Adelaide Civil Lawyer Help With? There are many legal issues that can be resolved with the help of an Adelaide civil lawyer. They can help you with property and non-property conflicts, disputes involving debts and pecuniary damage, consumer rights and inheritance rights to name a few.

If you need help with a legal issue, you can seek advice from various agencies such as the Legal Services Commission of South Australia and community legal centres. These services can be provided free of charge or for a minimal fee.

Advice with legal strategies

A good civil lawyer can help you understand your rights and obligations as well as advise you on how to proceed with your case. They can also help you obtain fair compensation if necessary.

As a lawyer, you have the responsibility to communicate with your clients and keep them informed of the status of their case. It is important to make sure that they are satisfied with your services so that they will return for further work in the future.

The legal industry is constantly evolving and it is critical for law firms to adapt their business strategies to keep up with the current market. These changes are driven by clients' changing needs and financial pressures.

Act as a representation

When a dispute arises, a Civil Lawyer can assist with the legal aspects of the case. This includes assessing the dispute and determining what next steps are required to resolve the matter.

If a dispute is resolved before court proceedings are commenced, it can save time and money. However, this is not always possible so it’s important to seek legal advice before the matter is too far advanced.

You can obtain free legal advice through the Magistrates Court Legal Advice Service (MCLAS). MCLAS is a free service run by the students of the Adelaide Law School under the supervision of experienced lawyers. It assists with disputes in the minor civil claims division of the Adelaide Magistrates Court.

Help with dispositions

If you need help with a legal matter, then there are several ways that an Civil Attorney can assist. One of these ways is through a free legal advice service.

The legal adviser will explain your rights and obligations and help you understand what course of action you should take. They will also refer you to other sources of assistance if necessary.

The legal adviser may also draft letters for you. They are also able to advise you on the best way to proceed with a case and how to prepare for a hearing.

Help with arbitration

Arbitration is a dispute resolution method that enables parties to resolve a civil matter without the need for court proceedings. It can be used to settle commercial disputes between companies, employment issues between workers and employers, and consumer complaints such as disputes arising from hiring Adelaide removalists.

Typically, the arbitration process begins with a notice to the other party that sets forth the facts and remedies requested by the claimant. This notice should also include the identity of a potential arbitrator.

Once a suitable arbitrator has been selected, the parties meet to discuss their cases and exchange documents. A hearing is then held in which the parties present their evidence and arguments to the arbitrators.

The outcome of the arbitration is usually a written decision called an award. This is binding on both sides and cannot be challenged unless a party can show that it was not handled properly.

Help with mediation

Mediation is an alternative dispute resolution process that can be helpful in a wide range of situations. It is a voluntary and confidential process which often a suitable resolution process for cases before it goes to trial. While you may not need mediation if your case can typically be resolved by representation of a civil lawyer drafting up some legal letters. A more complex case of an interstate car transporter who may be liable for damages to cars that they transported without sufficient insurance may need to go through a mediation process to save time and money going through a drawn out trial.

As an alternative to trial, mediation can help reduce conflict and hostility, while delivering high satisfaction with results.

It can also save you time and money, as it may be possible to reach a resolution that both parties can live with.

A mediator is a neutral third party trained to help people resolve their disputes without going to court.

In a family dispute case such as a divorce case, a mediator can help you and your ex-partner work out an agreement about things like how to divide your assets or how to pay for your children's care. It's important to be honest about your financial situation during the mediation process, as any agreements you make might not be valid if the other party later finds out that you tried to hide something from them.

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Uncategorized https://www.prolawguide.com/blog/what-can-an-adelaide-civil-lawyer-help-with/ https://www.prolawguide.com/blog/what-can-an-adelaide-civil-lawyer-help-with/ Editor Fri, 03 Feb 2023 01:53:51 -0500
Top 4 Personal Injury Claims in Orange County Personal injury claims are very common in Orange County. You may have heard about people who simply needed to get medical attention from a doctor and were denied by their insurance company. Or others who were involved in an accident that was caused by a drunk driver, but the person at fault was only fined or received no jail time at all. In Orange County, personal injury cases can be complex and difficult to navigate on your own. There are many different options available to you if you are looking to bring a case against the negligent party.

If you have a personal injury claim, it can be necessary to find a personal injury attorney in Orange County because insurance companies are not always willing to pay for what is fair. For example, if you have been in a car accident due to a driver's negligence, you might suffer from serious personal injuries that could be costly to treat. A personal injury attorney can help you negotiate with the insurance company for pain and suffering, as well as medical bills, lost wages, and property damage.

Let us now look into the top 4 personal injury claims in Orange County.

  • Car accidents

If you have been involved in a car accident, you must be prepared to pursue legal action against the other driver. While you may be able to come up with a settlement yourself, it may take a while to actually get all of your medical bills paid. If the other driver is at fault, however, they should be held liable for anything that happened because of their actions.

  • Truck accidents

The second on our list is truck accidents. In most cases, trucks are involved in accidents because of their size and the fact that the driver cannot see around them due to blind spots. Truck accidents can range from minor fender benders to catastrophic events that result in injuries and death. The final settlement will depend on the circumstances of your case.

  • Premises liability

If you have been injured at someone's home, office or other designated location, the owner of that location may be liable for your injuries. In some cases, certain conditions could make the owner or manufacturer negligent and liable to pay damages to you.

  • Dog bites

If you have been injured by a dog or other type of animal, the owner of that animal may be held liable for your injuries. It is important to be aware of personal injury laws in Orange County to ensure that you are able to keep the owner liable for their actions.

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Uncategorized https://www.prolawguide.com/blog/top-4-personal-injury-claims-in-orange-county/ https://www.prolawguide.com/blog/top-4-personal-injury-claims-in-orange-county/ Editor Sat, 31 Dec 2022 02:16:53 -0500
Eight Things Your Divorce Lawyer Doesn't Want You to Know

Photo by Andrea Piacquadio

It is typical for your expectations during your moment of going through a divorce to be shaped by the things you have seen around, read on the news or watched in the movies. Unfortunately, your case's outcome may not match your expectations because there are many other ways and things involved, unknown to you, needed for a divorce and used by specialist divorce lawyers to settle such cases.

This article informs you of the eight crucial things you need to be aware of during your divorce but will not be revealed to you by your divorce lawyer.

What Are The Eight Things Your Divorce Lawyer Doesn't Want You To Know?

1. He Is Not The Most Suitable Lawyer For Your Case

Your divorce lawyer may be very experienced in family law yet may not have the needed experience to handle your divorce case. Family law is broad and your divorce lawyer may be experienced in other cases but yours. He may have ample experience in Australian family law but lacks experience in international family law. He may also have experience handling divorce cases but mostly outside the courtroom, which leaves you with a lawyer without adequate courtroom experience. You do not only want a lawyer who can negotiate outside the courtroom but one that has enough courtroom experience should in case your divorce case requires a sitting in court.

2. Your Case May Grow Bigger and More Expensive

You maybe thinking that you will only be going through a divorce, and that's it but surely, issues of child custody, child support, property division and even spousal support will come up. Your lawyer will need to do more work, like gather all the required information about you and your partner's assets and income, which will take some time.

3. Your Divorce May Cost More than You Expect

As your divorce case witnesses more issues like spousal support and child support/custody, income and assets, it will lead to an increase in the fees charged by your lawyer because it will mean more work needs to be done. However, you can always negotiate when a price increase and get your lawyer to charge you less. Your lawyer does not want you to know this.

4. You May Not Get The Attention That You Need

Your divorce lawyer may not give you all the attention you need, which will undoubtedly make the process more stressful, tiring, and painful for you. It is therefore advisable to always hire lawyers with a team that can attend to you when your lawyer is not available at the very moment you need to talk to someone.

5. You Can Do Some Things Without Your Lawyer

Your lawyer doesn't want you to know that you can handle some parts of the divorce process on your own, especially when it is an uncontested case, and you only need him or her for legal advice and paper works.

6. Divorce Should Not Be About Vengeance

Your lawyer will not let you know that divorce is not about vengeance, and you don't have to do it in other to hurt your spouse for something that they did. If spouses set aside the quest for vengeance, many divorce cases will not be in court.

7. It Cost Relatively Low To Consult A Mediator Rather Than A lawyer.

You and your partner can sit down with a neutral third party to discuss and settle your divorce. It cost very low in comparison to hiring the services of a divorce lawyer. It is also much less stressful, and even painful to work with a mediator as your decision to part ways will not make you feel cheated. Also, very important is that it will allow both of you to deal with issues in a very calm way.

8. You Can Fire Your Divorce Lawyer Anytime You Feel Like

Your divorce lawyer wants to keep you as a client, so he or she does not want you to know that you can change your lawyer at any time. You deserve the best divorce lawyer on your case, so feel free to change your lawyer when you feel there is a need to do so.

Now that you know the eight important things that your divorce lawyer does not want you to know, make sure to make the best decision when hiring your family lawyers Sydney.

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Uncategorized https://www.prolawguide.com/blog/eight-things-your-divorce-lawyer-doesnt-want-you-to-know/ https://www.prolawguide.com/blog/eight-things-your-divorce-lawyer-doesnt-want-you-to-know/ Editor Tue, 22 Nov 2022 23:13:03 -0500
Wrongful Death as the result of the Negligence of a Third Party

A wrongful death lawsuit is a type of civil action in which compensation is sought for the death of a family member. Wrongful death lawsuits in San Antonio are brought in cases involving an individual's death as the result of the negligence of a third party. In addition, wrongful death cases can also be pursued when a person's death is the result of an intentional act, including some type of criminal conduct. As a resident of the State of Texas, or as a person who is considering pursuing a lawsuit of this nature, you may wonder how a wrongful death lawsuit in the Texas State works.

Who can Pursue a Wrongful Death Lawsuit in San Antonio?

Only certain family members can pursue a wrongful death lawsuit in San Anotinio, TX. These family members are:

  • surviving spouse
  • surviving child or children
  • surviving parents
  • surviving grandparents
  • surviving siblings

A injury lawyer will explain that these family members can pursue a wrongful death action jointly or individually. In other words, they can pursue a lawsuit together or separately.

What is the Timeframe for Filing a Wrongful Death Case?

As is the case in all states, Texas has what is known as a statute of limitations. The statute of limitations is a law that sets a specific deadline by which a wrongful death lawsuit must be filed in court. In San Antonio, a wrongful death lawsuit must be filed within in two years of a family member's death.

If a wrongful death lawsuit is not filed within this time period, a person nearly always will be precluded from pursuing this type of case to obtain justice for the accidental or intentional death of a family member. If a person finds his or herself with a timeliness issue, he or she should consult an experienced injury attorney, like a member of the legal team at Cesar Ornelas Injury Law.

How Does a Wrongful Death Lawsuit Start?

In Texas, a wrongful death lawsuit starts with the filing of what is known as a petition in the district court with authority over the county in which the death occurred. The petition sets forth the basic facts underlying the wrongful death claim. It includes a "prayer" for relief, which is a request for compensation. Because it is a complicated legal document, a petition is best prepared by an experienced personal injury attorney.

Retain an Reliable Wrongful Death Attorney

The first step in retaining a San Antonio lawyer is to schedule an initial consultation with Cesar Ornelas Injury Law. During an initial consultation, a prospective client is provided a case evaluation. Also, a person seeking legal assistance will be able to obtain answers to any questions he or she may have about a claim. There is no charge for an initial consultation.

Autor

Kirk Mathis specializes in cases involving automobile collisions, truck wrecks, medical malpractice, product liability, environmental damage, insurance claims, and premises liability. Mr. Mathis is licensed to practice in Texas as well as Federal Court in the Eastern District of Texas, Western District of Texas, Southern District of Texas, District of Colorado, and the Central District of Illinois.

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Uncategorized https://www.prolawguide.com/blog/wrongful-death-as-the-result-of-the-negligence-of-a-third-party/ https://www.prolawguide.com/blog/wrongful-death-as-the-result-of-the-negligence-of-a-third-party/ Editor Fri, 28 Oct 2022 23:52:26 -0400
What Type Of Medical Damages Can You Claim In A Personal Injury? Personal injury is an umbrella term for various injuries that can occur under different circumstances, such as car accidents, medical malpractice, premises liability, etc. No matter the type of accident or injury, all of them result in one common damage: medical costs. Medical bills resulting from serious injuries are enough to drain your medical insurance funds. 

However, you should not be responsible for the medical damages caused by another party. If you are injured, consult with experienced personal injury lawyers by visiting The Stano Law Firm today to protect your rights. An attorney can make sure you receive all types of medical damages, including hidden ones. 

Types of medical damages in a personal injury claim 

  • Surgery. 

If you have had a serious injury, you might need to go through surgery. Surgeries usually cost a lot, ranging between $100,000 to $1,000,000 or even more. The common injuries in a car accident include bone fractures, spinal cord injury, traumatic brain injury, etc. Such injuries may require brain surgery, back surgery, soft tissue surgery, etc., which have substantial costs. 

Some accidents can give you multiple significant injuries, prompting you to undergo more than one surgery. It is important that you get yourself medically diagnosed and understand the true extent of your injuries so you can recover the compensation you deserve. 

  • Medications. 

After your surgeries, you will need to go through a recovery period to heal your injuries completely. The recovery phase involves getting a lot of rest and taking the medications prescribed by your doctor. These may be painkillers or other medicines to speed up the healing process. 

Depending on the severity of your injuries, you might need to take medicines for a long time. With the help of a personal injury lawyer, you can recover the money you spend on buying them. 

  • Travel costs to visit the doctor. 

You may need to commute to and from their office/hospital several times to visit your doctor for consultation or follow-ups after treatment. Good doctors and hospitals are not always near your house and may require traveling long distances. If you had to spend a considerable amount of money on travel, such as booking train or flight tickets, you could recover those costs as well. 

  • Future treatment. 

Some injuries may require additional treatments in the future. To prove this, your attorney might take help from an expert medical witness who can tell whether you will need a certain future treatment. Therefore, you can charge the amount for possible future surgery. You should also keep inflation in mind when calculating these damages. 

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Uncategorized https://www.prolawguide.com/blog/what-type-of-medical-damages-can-you-claim-in-a-personal-injury/ https://www.prolawguide.com/blog/what-type-of-medical-damages-can-you-claim-in-a-personal-injury/ Editor Tue, 04 Oct 2022 08:18:45 -0400
Things You Need to Know Before Visting Criminal Lawyer Being accused of a crime is one of the most frightening things that can happen to you. Chances are you did not do it and are scared about how to explain yourself to your lawyer. But it would help if you were ready for your first meeting with an attorney. The popular criminal lawyer in Phoenix, AZ, make their clients feel worth every penny. Here in this article, you will get to know some things you should do before you meet with them.

Who is a Criminal Lawyer?

A criminal lawyer is a person who has been trained to handle cases that involve criminal law. They usually work for the government, a prosecutor's office, or a corporation dealing with legal matters. A criminal lawyer may also work for an individual involved in a criminal case.

Criminal lawyers can help clients resolve their legal issues in many ways. For example, they can represent their clients in court and try to get them acquitted if they have been charged with a crime. They might also help clients negotiate with the prosecution or plea bargain with them instead of going to trial.

Why Do You Need a Criminal Attorney?

If you are facing criminal charges, you must hire a DUI lawyer in Tempe, AZ. Here are some reasons why:

Criminal charges can result in serious penalties, including jail time and fines. The penalties for a crime may depend on the severity of your actions, whether or not there were any injuries or deaths resulting from your actions, and whether you have never before been convicted of a crime. A criminal attorney can help you avoid harsh punishments by negotiating with prosecutors to get them to drop certain charges or reduce sentences so that they fit within the law's parameters.

When facing charges, you need someone who understands how the court system works and what it takes to win your case. Your attorney should have experience in working with various types of cases so that they can advocate for you properly. If you are unsure about what type of lawyer would be good enough for you, talk with family members or friends who have been through similar situations and ask them what they would recommend doing the next step forward from here.

How Much Does a Criminal Attorney Cost?

According to legal experts writing for us on law, the costs associated with hiring a lawyer vary widely depending on where in the country you live. In some areas, it may cost less than $500; in others, it could be as high as $150 per hour or more (and those are just averages). Some states, like California, allow lawyers to charge clients without first setting up an hourly rate agreement.

Conclusion

When you are visiting a criminal lawyer, there are a few things that you have to keep in mind. It would be best if you understood that there is no typical day at a law firm or with any other criminal defence attorney. You must know everything related to a criminal lawyer in Phoenix, AZ.

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Uncategorized https://www.prolawguide.com/blog/things-you-need-to-know-before-visting-criminal-lawyer/ https://www.prolawguide.com/blog/things-you-need-to-know-before-visting-criminal-lawyer/ Editor Wed, 21 Sep 2022 06:30:22 -0400
How Does A Lien Affect Your Personal Injury Case? A lien is a third party's legitimate right to receive all or a portion of the settlement funds. That third party could be anybody, from a physician who treated you, to an ex-spouse who owes you child maintenance. In essence, the lien is a demand for payment, and the law acknowledges that some parties can have a greater claim to your settlement funds than you have. If a lien has been put on your settlement, it will be paid off before you collect your money. However, for this, note that you will need a personal injury attorney by your side. 

Find out more about liens in this article, including exactly what they are, who really can file them, and the impact they can have on the compensation you receive for your injuries.

Typical Lien Types

Some of the most frequent liens in a case of personal injury include those from your health professional or the insurance companies. Usually, medical procedures can be pricey, and your insurance will want to know whether you're bringing a personal injury claim.

Medical Facility Liens

In accordance with hospital lien regulations, a hospital may file a lien for "reasonable charges" associated with your care and treatment. The hospital will probably give you a lien letter to sign while you're there. Your agreement to submit to the lien and pay them from your settlement when you get it is confirmed in that letter. Both doctors and nurses in the state of Idaho are eligible for liens. Different states have different rules. 

Liens on Medicare and Medicaid

The government has a right to reimbursement for any part of your hospital care that was funded by tax dollars. According to Idaho's Medicaid recovery statute, the state has a fundamental claim to recover the funds it spent on your care if your settlement does not really specify a part related to medical costs. They get "first dibs" on your settlement, to put it simply, so they can get their funds refunded.

V.A. Liens

Similar to Medicare and Medicaid, the Veterans Administration is a government agency. Hence, the same regulations apply here as well. The VA can and will put a lien on your settlement if it paid for just any portion of your treatment.

Liens for Workers' Compensation

Did you sustain an injury at work? In the event that worker's compensation is paid for your medical costs, your employer may file a lien on your settlement to cover the sum paid for your care. Idaho does, however, offer an exemption if your accident was determined to have been caused in whole or in part by your employer.

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Uncategorized https://www.prolawguide.com/blog/how-does-a-lien-affect-your-personal-injury-case/ https://www.prolawguide.com/blog/how-does-a-lien-affect-your-personal-injury-case/ Editor Tue, 20 Sep 2022 05:48:42 -0400
8 Questions Everyone Asks About Alimony One of the biggest concerns people have when they’re facing a divorce is how their standard of living will change – and whether they’ll need to pay or will receive spousal support.

Below is a list of the most frequently asked questions about alimony and our answers. Of course, each couple’s case is unique and your particular circumstances will determine the exact path your process will take. That’s where the divorce attorney you ultimately choose to represent you can get more specific.

1. “HOW DO I GET ALIMONY AFTER MY DIVORCE?”

You can request it as part of your divorce proceeding. If you and your spouse agree on an alimony payment, you can ask the judge to make it part of the court order. If not, the judge will decide whether you’re entitled to receive alimony. Each state has laws about what qualifies you for alimony. Tip: You can’t request alimony after your case is over, so talk with your attorney about your best way forward.

2. “CAN I GET MY ALIMONY JUDGMENT CHANGED AFTER THE DIVORCE?”

If there’s been a change in your individual circumstances, the court may order a change. For example, the judge may modify an award if the spouse paying alimony experienced a situation that impacts his or her ability to pay. If you’re receiving alimony payments and there’s been a change in your needs, that could also warrant a modification.

3. “HOW LONG CAN I RECEIVE ALIMONY?

If you and your spouse can agree on the length of your alimony agreement, the judge will include that in your court order. If you can’t, the judge will decide what’s best for your individual situation. For example, limited duration alimony will last for a certain amount of time, for example, to give the receiving spouse a chance to get training to earn a job to support himself or herself. Absent extenuating circumstances, limited duration alimony cannot last any longer than the total years of your marriage. It’s common in many settlement agreements for alimony to last about half of the total duration of your marriage, but again, that length is subject to negotiation. There’s also permanent alimony, called open durational alimony, which can last until either spouse dies or the court deems alimony is no longer appropriate in your case. Although it varies by state, in order to qualify for open durational alimony, there may be a requirement to have been married for an extended period. For example, in New Jersey you need to have been married for 20 years or longer.

4. “WHAT IF MY EX WANTS ME TO PAY ALIMONY – AND I DON’T THINK THEY NEED MY FINANCIAL SUPPORT?”

When you and your ex can’t agree on alimony, the judge will decide whether an alimony award should be made, for how much, and for how long a duration.

5. “I’M A GUY. CAN I ASK MY EX FOR ALIMONY?”

Yes. Gender is irrelevant when requesting alimony.

6. “CAN WE SETTLE AN ALIMONY PAYMENT OUTSIDE OF COURT?”

Absolutely! You can agree to any alimony arrangement that the two of you believe to be fair and reasonable. However, you must include that agreement in your divorce order from the court, or risk your ex stopping payments whenever he or she wants.

7. “WHAT IF MY EX IS BEHIND IN THEIR COURT-ORDERED ALIMONY PAYMENTS?”

You can file a motion to enforce the order and even to have support paid through wage garnishment. Consult with your attorney about the best way to proceed.

8. “HOW ARE ALIMONY PAYMENTS CALCULATED?”

This is different from child support, where there are clear guidelines for determining the payment. There’s no alimony calculator. Each state has different laws governing spousal support.

Factors may include:

  • the requesting spouse’s actual needs and the other’s ability to pay
  • the length of the marriage      
  • each person’s age and physical and emotional health
  • each person’s income, earning capacity, education, and ability to be employed
  • the standard of living during the marriage
  • parenting responsibilities
  • how much time and money it would take for the dependent spouse to support themselves
  • each party’s financial or non-financial contributions to the marriage.

Have additional questions about Alimony? Consulting with an attorney in your state about your divorce agreement, including alimony and child support.

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Uncategorized https://www.prolawguide.com/blog/8-questions-everyone-asks-about-alimony/ https://www.prolawguide.com/blog/8-questions-everyone-asks-about-alimony/ Editor Sun, 11 Sep 2022 00:05:13 -0400
What to Do After a Deadly Accident in Nevada? Check Here Traffic accidents in Nevada resulted in over 330 fatalities in 2021. Nothing is worse than losing a loved one in such an accident, and you can feel a lot worse if you were in the same car. Nevada is a fault state, which means that the driver responsible for the deadly crash accident is liable for your losses. While you are legally entitled to seek a settlement if you can prove the other party’s fault, what you do immediately after the crash makes a big difference. Here’s a list of the steps you need to follow.

  1. Remain at the scene. Don’t be tempted to leave the scene, no matter what or who caused the crash. A hit-and-run case in Nevada is a felony, which could mean spending up to 20 years in jail.
  2. Call 911. Ensure that you call 911 soon after the accident to seek medical assistance. Don’t try to help someone unless you are trained, and more importantly, do not ignore your injuries. You may have a valid personal injury lawsuit too.
  3. Note as many details as you can. Understandably, you are in a state of shock and don’t want to do anything other than seek medical care. However, this is the time to gather minute details that may help file a lawsuit. If you are okay, use your phone to take photographs. Also, write down all you can remember about the accident on paper.
  4. Get key details. Talk to the other driver and ask about their license number, vehicle details, and insurance info. Check if other people witnessed the accident and note down their contact details.
  5. Do not admit fault. Even if you believe that you were partly responsible for the crash, don’t admit fault to anyone. Admitting wrongdoing can have consequences, and you may not recover the compensation you deserve.
  6. Don’t say that you are not hurt. You have no business telling the other driver that you are unhurt. Some injuries only develop weeks after the accident, and anything you say at the scene can go against you.

Call an attorney

Wrongful death lawsuits are often complicated, and the insurance company will try to deny your claim as the settlements for such claims are higher. Also, you may end up making mistakes that may impact your lawsuit. There is also a deadline of two years in Nevada for such lawsuits. An attorney can ensure that you don’t miss any aspect.

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Uncategorized https://www.prolawguide.com/blog/what-to-do-after-a-deadly-accident-in-nevada-check-here/ https://www.prolawguide.com/blog/what-to-do-after-a-deadly-accident-in-nevada-check-here/ Editor Fri, 09 Sep 2022 05:20:02 -0400
How Can a Law Firm Help You if You Are Dismissed From School? Academic dismissal or getting dismissed from school can leave a negative mark on your overall academic profile. Students come to educational institutions with a lot of hopes and dreams to pursue the courses that will shape their future. Most of the students do well and achieve the grades as expected by the school. However, there are some students who do not meet the expectations set by the college and perform poorly in their exams. Also, there are some instances where their activity violates the code of conduct of the school. In such cases, the student faces academic dismissal. 

If you are dismissed from school for no fault of your own, you can always take the help of a reputable law firm to appeal dismissal from school. The law firm will help you in the following ways:-

Check the grounds of dismissal: The law firm will check all the facts and grounds of dismissal properly before an appeal to the court of law against your dismissal. They will ensure that the case is valid or not. To determine this, the lawyer will go through the institute’s rule book thoroughly. Many of the terms and conditions mentioned in these rule books use legal language which is not understood by laymen. Therefore, the law firm will take care of this procedure and ensure that there are no loopholes in the case.

Check the underlying causes: Not all academic dismissals are due to the fault of the student. There are some extenuating circumstances that can lead to the poor academic performance of the student, like a family crisis, financial issues, health issues, psychological issues, unexpected death of a family member, or an undiagnosed learning disability of the student. The law firm collects the right documents to present your case in such a manner that you will not face dismissal. They will also gather evidence and present the case in an appealing manner.

Handles the appeal process: The law firm has past experience in handling similar cases. Therefore, they know the entire procedure properly. They will advise you about the whole appeal process and guide you on how to answer the questions put forth by the school’s appeals committee. As the rules vary from college to college, law firms know the commonalities between them. This makes their presence in the appeals case more important. 

Academic dismissal can anger you as a student. However, you can always ask for an in-person appeal or a written appeal to reconsider your enrollment. Having a law firm by your side will increase your chances of being granted an appeal. This will help you get your normal life back. 

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Uncategorized https://www.prolawguide.com/blog/how-can-a-law-firm-help-you-if-you-are-dismissed-from-school/ https://www.prolawguide.com/blog/how-can-a-law-firm-help-you-if-you-are-dismissed-from-school/ Editor Mon, 05 Sep 2022 09:38:17 -0400