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Posted by on Aug 11, 2017 in Divorce | 0 comments

Which Divorce Process is Right for You?

Sometimes divorce is the only option to end a troubled marriage. The mention of divorce, however, can usher in different emotions, like worry, tension, fear, guilt or feeling of being a failure to your spouse.

Besides being a complicated legal process, divorce can also be a demoralizing, painful and emotionally-draining experience. Not to forget, of course, a costly court proceedings that can be witnessed by anyone, which can drag on for many months and wherein all final and legally binding decisions will be made by the family court judge presiding over the case; such is the case of a court-litigated divorce.

While it requires only one party to get a divorce case going, the consent of both divorcing spouses are required when divorce-related issues enter into the picture. These issues include child custody, visitation rights, child support, alimony or spousal support, and division of property, assets and debts. The length of a divorce case is directly affected by how fast or how long before spouses reach an agreement regarding these issues; thus, the longer the spouses refuse to come to terms, the longer (and the more expensive) their divorce case will.

This is the reason why some divorce cases end up in court, left for the judge to settle – simply because the spouses cannot reach an agreement. These court-litigated divorce cases are called “Contested Divorce.”

A contested divorce is adversarial in nature. Spouses, through their respective lawyers, try to accuse and discredit one another in an attempt to win the judge’s favor. But while this type of divorce can be extremely frustrating and upsetting to both spouses, it is nothing more than a source of entertainment to some court spectators who find amusement in all the family secrets and accusations they hear.

Many divorcing couples nowadays refuse to turn their divorce case into a circus – to the amusement of many. Thus, they find ways to end their marital union privately, fast and with fewer disagreements. Fortunately, there are alternative ways to divorce, ways that are not only private, fast, and much less costly, but also procedures that allow the spouses themselves to make the decisions on all related issues. These alternative dispute resolutions include:

  • Uncontested Divorce. This procedure allows the spouses to reach an agreement without having the need to go to trial; this procedure is also quicker and cheaper compared to contested divorce. Uncontested divorce is a private process. Though it does not mean agreeing outrightly about the issues related to divorce, it gives the spouses room to negotiate without the air of hostility.
  • Mediated Divorce or Divorce Mediation. This is also a private (out-of-court legal procedure), quicker and cheaper divorce procedure (compared to contested divorce) that allows spouses to settle all divorce-related issues by themselves. A mediator, who is a neutral third party, sits with the spouses to help them reach an agreement. This mediator helps make sure that the spouses are able to talk and argue openly in a way which will not destroy the amicable process which they chose in ending their marriage. Each spouse may or may not be represented by an attorney, who can help each spouse to understand the legal matters related to divorce and know if the agreement arrived at is reasonable and worth signing.
  • Collaborative Divorce. In this type of divorce process, both spouses have their respective lawyers who will work cooperatively with them in settling the divorce case. For fair negotiations, each spouse is required to disclose all important information that will affect the divorce and all related issues. In the event that this process does not settle the divorce case, each spouse will have to hire new attorneys who will have to take the case to trial.

The Raleigh divorce attorneys understand just how important it will be for you to have a comprehensive legal strategy to fall back on during the process of your divorce; this, will help you understand the possible implications of all your choices.

 

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Posted by on May 27, 2017 in Car Accidents, Personal Injury | 0 comments

Trucks are very Accident Prone and, when a Truck Accident Occurs, it is almost always Devastating for Everyone Involved

According to the Federal Motor Carrier Safety Administration (FMCSA), fatal truck accidents happen almost 11 times a day, resulting to more than 4,000 deaths and more than 100,000 injuries each year. Compared to car accidents, truck accidents may be fewer, however, their results are always more destructive and tragic due to their huge size.

That semi-trucks pose a serious risk to other vehicles on the road due to their enormous size is common knowledge. Thus, if a person driving a does not possess the required skills that will enable him/her to safely operate his/her vehicle, or if he/she commits an error that results in an accident, then fatalities or people sustaining severe injuries are not remote possibilities.

There are more than two million semi-trucks or big rigs operating in the U.S. and, according to the National Highway Traffic Safety Administration (NHTSA), half a million of these trucks get involved in accidents every year.

Studies conducted by the Federal Motor Carrier Safety Administration (FMCSA) show that majority of truck accidents are the fault of truck drivers. Some of the most common truck driver errors identified by the FMCSA are driver fatigue, driving too fast for road conditions, impairment due to use of prescription drugs, illegal drugs or alcohol, overspeeding, lack of experience in operating a semi-truck; lack of focus on the road; distracted driving; failure to check a truck’s “no-zone” areas or blind spots, and failure to make sure that truck brakes are in good working condition.

As explained by Toronto truck accident lawyers of the law firm Mazin & Associates, PC, “Heavy haul trucks are by far some of the most difficult vehicles to operate. Their large size and mass lead to numerous safety hazards, including bad brakes and large blind spots. These safety hazards only worsen when the bitter Canadian winter comes and the already limited traction of the road decreases even further. Trucks are very accident prone and when a truck accident occurs it is almost always devastating for everyone involved.”

Though many truck drivers and trucking companies do everything they can to stay safe on the road, the sad reality is that not everyone exercises caution, putting unsuspecting motorists in harm’s way. Many drivers exceed the set hours of service restrictions, there are those who abuse alcohol and/or amphetamines while behind the wheel, or those who fail to keep their trucks in good working order, exposing everyone on the road to serious risks.

All these acts of failure are due to negligence which can easily be avoided, thus, avoiding too the thousands of accidents involving trucks. While no one wants an accident to occur, the injuries or death of victims require that erring truck drivers, may be even the trucking company they work for, be made to face justice as well as compensate victims for all damages resulting from their injuries.

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Posted by on Feb 9, 2017 in Estate Planning | 0 comments

The Importance of Estate Planning for Every Age

Estate planning has a reputation of only being for the rich, old, or dying. However, Estate planning allows you to secure your finances and brings with it peace of mind, responsibility, and safety for the future. Unexpected circumstances are a part of life, and though there is much of it we can’t control, there is much we can, which is where Estate Planning comes in. Estate planning encompasses a variety of financial and non-financial plans, such as living wills, health care proxies, power of attorney, and advance health care directives.

As indicated by the American Bar association, more than 55% of Americans die without a will or estate plan, demonstrating the importance of such wills and other plans for every age group. Deaths can be unexpected, but estate planning eliminates other uncertainties and surprises surrounding them. Another added benefit to estate planning besides the stability it allows for your loved ones, is the possibility of minimizing potential tax burdens, according to Russo, Russo, & Slania, P.C. Having a licensed attorney look over your finances is beneficial to such finances, regardless of specific after death plans, and will likely save you more money in the long run, often justifying the expense of a lawyer.

Estate planning needs to become more normalized so that every citizen can adequately be prepared for that which we cannot prepare, and so that individuals of every age become more fiscally responsible with their own lives and are more comfortable planning for the future. Looking to the future, particularly in terms of wills, may seem morbid or unpleasant, but it sets the precedence of planning, responsibility, and personal accountability. It gives individuals control over their finances, their lives, and what happens to their assets when the unthinkable and uncontrollable occur.

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Posted by on Dec 12, 2016 in Car Accidents | 0 comments

Cell Phone Use Continues to be the Most Dangerous Form of Distracted Driving

Since 2005, though, the National Highway Traffic Administration (NHTSA) and the National Safety Council (NSC) have both recorded declines in fatal car crashes, from 43,510 in 2005 down to 32,675 in 2014. This decline is credited by the Insurance Institute for Highway Safety and the Highway Loss Data Institute to the improved structural design and the latest safety features in cars. A number of these crash avoidance features include: lane departure or lane-keep assist, blind spot alert, park assist, forward collision warning, adaptive headlights, tire pressure monitoring, traction control, electronic stability control, auto emergency braking (AEB), and active braking systems, which either warn drivers of impending collisions or which automatically assist drivers in preventing collisions.

Despite cars being equipped with some safety features, there was still increase in auto-related deaths in 2015, according to the NHTSA and the NSC. From 32,675 fatalities in 2014, the NHTSA reported a 9.5% increase for the first three months of 2015, while the NSC reported a 14% increase for the first six months of the same year.

One reason given for the higher fatal car crash rate is the dramatic increase in the number of cars on the road – one of the effects of gas prices going down. With more cars on the road, there were also more incidences of alcohol-impaired driving, speeding and people failing to buckle up. However, the real culprit behind the increase in death rate is cell phone use: drivers texting or conversing with someone , or taking selfies and then posting these on social media while controlling the wheel and trying to keep an eye on the road.

In spite of cars being made safer, both the NHTSA and the NSC agree that the increased use of cell phone is defeating all efforts that will reduce fatal car crashes. Cell phone use is the most dangerous form of distracted driving. Compared to drunk-driving, using a cell phone while driving is up to six times more dangerous.

In a car crash, it is implied that someone has acted illegally or negligently and that this act has caused a collision that has resulted to someone getting either injured or killed. In the view of a Tucson car accident lawyer, while advances in technology and increased awareness of the importance of safety on the roads have somehow helped in reducing the threat posed to public health and safety by car accidents, these (car accidents) continue to be one of the leading causes of serious injury and wrongful death in the United States each year, and the sad truth is that far too many of these accidents could easily have been prevented.

Though there are different contributing factors to car accidents, there is just one root cause behind all these: negligence. With help from a seasoned personal injury lawyer, innocent victims in car accidents may be able to pursue compensation for the damages caused by an irresponsible driver.

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Posted by on Oct 3, 2016 in Shoulder Replacement Lawsuit | 0 comments

Basis of Lawsuits Wright and Tornier will have to Face

Besides knee or hip replacement surgery, another surgical procedure that is aimed at relieving joint pain is shoulder replacement surgery. This procedure is a popular corrective solution for those suffering from extreme joint pain or a limited range of shoulder motion.

Though shoulder replacement surgery is performed, first and foremost, for pain relief, it provides other benefits which include restoration of shoulder strength, function and motion. Many patients who have undergone shoulder replacement surgery in fact testify that they were able to return to the sports they love, like golf, tennis and swimming.

The most common causes of shoulder pain and reduced shoulder function are osteoarthritis (degenerative joint disease), post-traumatic arthritis, rheumatoid arthritis, avascular necrosis (osteonecrosis), rotator cuff tear arthropathy, severe shoulder fracture and failed previous shoulder replacement surgery.

In a shoulder replacement surgical procedure, the damaged parts of the shoulder are removed and replaced with artificial components, called a prosthesis (artificial component materials are typically metal or durable plastic). Restoration of shoulder motion and function, and abated pain should be the expected results after surgery; however, these have not been realized in a number of patients who have been implanted with faulty replacement implants manufactured by Wright Medical Technology, Inc. and Tornier, Inc. (two global medical device companies that merged in October of 2015).

As explained by a shoulder replacement mass tort attorney, many patients now suffer from bone damage, metal toxicity and dislocation, among many others serious side effects due to the faulty design of Wright and Tornier shoulder replacement implants. Rather than having their pain reduced or removed, patients have only been made to suffer worse pains; on top of this, their real problem has not been solved, they will have to undergo additional costly medical treatment, including a revision surgery. The mass suit that will be filed by victims is aimed at helping these victims recover compensation which will cover payment for their needed medical care and for other damages, including pain and suffering.

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