Month: November 2023

Explaining Grounds for Divorce

Every state has established certain grounds for divorce that give one of the spouses the right to petition the court for the dissolution of the marital relationship. Some grounds for divorce are fault-based, such as adultery, cruel treatment, abuse or incarceration.

All states recognize no-fault grounds for divorce. However, some states require that the spouses live separately for a certain period of time before their courts are permitted to dissolve the marital relationship.

A divorce lawyer can explain whether there are any benefits to asking the court to dissolve the marriage based on fault grounds. For example, this may be relevant in determining whether spousal support will be available or how much support will be awarded.

In some cases, there has been a defect in the marriage. A legal requirement may have been ignored, the proper paperwork may not have been filed or a proper ceremony may not have been performed to make the marriage legal. A lawyer can discuss whether voiding or annulling the marriage is preferable to getting a divorce.

Providing Objective Advice

While divorce is an emotional process, a divorce lawyer can help make it less so. He or she can talk to you about factors that will affect your future, such as support and custody issues so that you are less focused on the demise of your marriage.
Additionally, a divorce lawyer can serve as the go-between for you and your spouse. You can avoid personal contact to help make the process easier to get through.

Accounting for Marital Assets

In order to properly distribute the marital estate, a divorce lawyer ensures that his or her client discloses al such assets. In many marriages, one spouse may have handled the money and the other spouse may not be aware of the couple’s debts and assets. A divorce lawyer can help collect records and locate assets and liabilities so that the divorce settlement properly addresses these possessions.

Explain Property Division

A divorce lawyer can explain how property is treated upon the dissolution of the marriage. Each spouse may have separate property that they brought into the marriage. Other spouses may have accumulated assets separately per a prenuptial or postnuptial agreement.

A divorce lawyer can explain whether the state is a community property state or equitable distribution state. This characteristic can make a dramatic difference on the distribution of the marital estate.

Devising a Debt Repayment Plan

Many times, handling the family debt is more tumultuous than splitting assets. Both partners may be legally responsible for joint debt. However, there are many cases in which only one spouse is held financially responsible for the debt. A lawyer can help determine how a spouse can protect himself or herself from debt that should be attributed to the other spouse.

Determining Spousal Support and Other Benefits

A divorce lawyer can help assess whether a spouse may be entitled to spousal support or may be required to pay it. Spousal support may be ordered when spouses have very different incomes or when one spouse sacrificed his or her career to advance the other spouse’s.

Additionally, a spouse may be entitled to a portion of the business interest that the other spouse runs.
Some spouses are only worried about the immediate financial consequences of divorce. However, spouses may be entitled to a portion of their spouse’s pension or Social Security income if they have been married ten years or more.

Helping with Custody Plans

A divorce lawyer can assist clients with developing a parenting plan that works for the parents and addresses the child’s needs.

Preparation with Divorce Papers

In order to get divorced, formal papers must be submitted to the proper court for approval. A divorce lawyer can assist clients with preparing these papers or responding to the other spouse’s petition for divorce.

Negotiating a Settlement

A family law lawyer can help a client negotiate a divorce settlement regarding the marital estate. If this process does not involve litigation, it is typically cheaper and faster than it is when battling it out in court.

Representing in Court

A divorce lawyer can help you litigate your case if you need to. This process may be necessary to resolve disputes regarding child custody, spousal support or divorce.

Personal injury attorneys help people who have been injured due to someone else’s negligence or misconduct get compensation for the harm they suffered. They also help families who have lost a loved one to another party’s careless actions or deliberate wrongdoing. 

Put simply, personal injury lawyers advocate for individuals and families and fight for their right to recover compensation. They do this by negotiating settlements with insurance providers and by filing a personal injury lawsuit against at-fault parties in civil court.

Types of Personal Injury Cases

Personal injury claims usually revolve around an act of negligence or wrongdoing that led to someone being injured. While many people associate them primarily with traffic accidents, personal injury law involves a variety of legal matters. Some common types of cases that personal injury attorneys help with include: 

• Bicycle accidents
• Boat accidents
• Car accidents
• Commercial motor vehicle collisions (including buses)
• Construction accidents
• Medical malpractice
• Motorcycle accidents
• Nursing home abuse and neglect
• Plane accidents
• Pedestrian accidents
• Premises liability (i.e., being injured on someone else’s property, which may include slip-and-falls, animal attacks, and negligent security)
• Product liability (injuries involving defective products or companies failing to warn consumers about the dangers of a specific product)
• Slip and fall accidents
• Truck accidents
• Workplace accidents
• Wrongful death

Some personal injury lawyers have experience handling a wide range of tort-related matters, while others specialize in one or two specific areas of personal injury law, such as auto accidents or slip-and-falls. When searching for an attorney to take on your injury case, you should look for a lawyer with experience handling claims that are similar to yours. 

What Do Personal Injury Lawyers Do?

A personal injury lawyer can help with an injury claim in numerous ways, including the following:

CONDUCTING AN INVESTIGATION

Personal injury attorneys always exercise care when taking on new clients since they typically finance cases themselves, making their money through a percentage of recovered compensation rather than upfront legal fees. Before they take a case, an attorney will assess the situation to determine whether the client has a valid claim. Personal injury lawyers don’t typically agree to work on a case unless they believe they have a solid chance of winning it for the client. 

GATHERING EVIDENCE

Once a personal injury attorney has decided to take a case, they will gather evidence of liability, which can be used to support the client’s claim. For instance, a personal injury attorney would likely seek out copies of any police or accident reports, medical records, and other documentation. If there were any witnesses to the incident that caused the client’s injury, the attorney may locate those people and get them to give statements. They may also compile visual evidence, such as photos taken at the scene of the accident or surveillance camera footage that captured the incident. Additionally, they might consult with experts who can provide testimony to support the client’s claim, including medical, mental health, and accident reconstruction experts. They will move quickly to gather and preserve any evidence that could potentially be lost or destroyed. This evidence can then be used to demonstrate that the alleged at-fault party was indeed responsible for the client’s injury.

DETERMINING THE VALUE OF YOUR CLAIM

A personal injury attorney will calculate the value of the client’s claim once the severity and extent of their injuries and losses are known. The attorney’s goal is to help the client recover the maximum possible compensation for each loss they suffered. Losses can be economic, like medical expenses and lost income, or non-economic, like pain and suffering. For wrongful death cases, a personal injury attorney may be able to help a family recover compensation for funeral and burial expenses, medical bills incurred by the deceased person before they passed away, loss of household services, and loss of companionship, guidance, love, and affection.

NEGOTIATING WITH INSURANCE COMPANIES

Personal injury lawyers have extensive experience negotiating with insurance providers, and they understand the tactics that insurance companies use to save money by reducing or denying claims. Injury victims stand a much better chance of securing a fair settlement if they have a personal injury lawyer to negotiate with the insurer and its legal team on their behalf. Personal injury attorneys often handle all other communications with the insurance company as well, which prevents the client from accidentally making a mistake that could jeopardize their claim.

PREPARING AND FILING COMPLAINTS

If settlement talks fall through, or the insurance company simply refuses to offer a fair settlement, a personal injury lawyer may take legal action by preparing and filing a lawsuit against the at-fault party. Referred to as a complaint, this legal document lays out the reasons why that party, now called the defendant, is liable for the injuries suffered by their client, who is now called the plaintiff. It also specifies the amount of compensation the plaintiff is seeking.

ENTERING DISCOVERY

During discovery, which occurs in the pre-trial stage of the legal process, a personal injury attorney will turn over evidence that they have collected to the defense and request evidence from the defendant’s legal team. They may also conduct depositions with experts and witnesses. 

TRYING THE CASE IN CIVIL COURT

Many personal injury lawsuits end in a settlement agreement. Either party can agree to settle during discovery, mediation, or even during the trial. If a case proceeds to trial, a personal injury attorney will represent the client before a judge and potentially a jury. They will present their client’s case, call witnesses, and act as the client’s personal advocate throughout the often-confusing court proceedings. 

How Much Do Personal Injury Lawyers Cost?

Most personal injury attorneys work on contingency, meaning that they don’t charge an upfront legal fee. Instead, the attorney only collects their legal fee in the form of a percentage of whatever compensation they obtain for the client. By hiring an attorney who works on a contingency fee basis, injured individuals won’t be adding to the financial burden they’re already facing due to steep medical bills and lost income.

Contact a Personal Injury Attorney for Help

If you were injured in an accident in New York and someone else is to blame, hiring a personal injury lawyer to represent you can mean the difference between receiving fair financial compensation and walking away with nothing.