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Leaving Your Spouse Because Of Adultery? Remember These Tips

Posted by on 7:40 pm in Uncategorized | Comments Off on Leaving Your Spouse Because Of Adultery? Remember These Tips

If you are divorcing your spouse because he or she cheated on you, you might not know how to proceed. Dealing with the effects of adultery can be traumatizing, but there are a few important tips that you should remember. These things will help you ensure that your case goes well and that it goes in your favor as much as possible. Remember That Two Wrongs Don’t Make a Right It can be easy to want to “get back” at your spouse for cheating on you by doing the same thing. Plus, if you know that the marriage is going to be over soon anyway, you might want to move on as soon as possible. Either way, you should remember that two wrongs do not make a right. If you commit adultery against your spouse — even if he or she did it first — it can affect your divorce hearing. You should refrain from this type of behavior until your divorce has been finalized. Tell Your Lawyer Everything Telling your divorce attorney all of the nitty gritty details about your relationship with your spouse is not an easy thing to do. You might feel embarrassed about telling your lawyer about the cheating or other issues that went on in your marriage, but you need to discuss these things now. If your spouse cheated on you, there is a chance that any prenuptial agreement that you have in writing is void, and there are other ways that you could benefit during the final divorce agreement. To ensure that things happen as they should, you need to tell your lawyer everything. Gather Evidence When You Can If it’s possible for you to gather any evidence of your spouse’s cheating, you should do it. Pictures, phone records and witness statements of people who have seen it can all serve you well in court. You can even hire a private investigator to help you with finding proof of your spouse’s cheating if you don’t have any evidence but have reason to believe that something is going on. If you have evidence, you can give it to your lawyer and present it in court if necessary. Leaving your spouse because of adultery can be one of the toughest things that you’ll ever go through in your life. If you handle your divorce the right way, however, you can ensure that things go as well as possible for yourself. For more help, contact professionals like Granowitz, White & Weber Attorneys at...

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Moving To A Nursing Home? Here’s How To Protect Your Money

Posted by on 5:39 am in Uncategorized | Comments Off on Moving To A Nursing Home? Here’s How To Protect Your Money

Moving into a nursing home can be a tough decision, but it can be a good one if you are in need of care that your family just can’t provide you with. However, you do have to protect yourself. For example, you probably do not want anyone at the nursing home to end up with control of your pension payments. Luckily, following a few tips can help prevent this. Give Someone You Trust Power of Attorney If you do not already have a family member who has power of attorney over you and your finances, now is the time to put this in place. Choose someone who you know you can trust, and talk to an estate attorney about the process. Have Your Money Sent Straight to Your Bank Even if you have been receiving paper checks for your pension for years, it is important to have your money direct deposited into your bank account if you are going to be moving into a nursing home. Checks can be mishandled, and money that is sent to the nursing home might be handled in a way that you did not want it to be. Having it deposited straight into your checking account can help prevent this problem. Also, make sure that you maintain your same bank account or that you open a new bank account at a bank that you trust. Some nursing homes do have their own account options, but this can put you at risk. You may feel safer by having your money in an account with a bank that is outside of the facility. Ask Questions Many nursing homes have certain policies about cash disbursements. For example, they might give you a limited amount of money each month, even if you have more than enough money in your checking account. Asking questions about how finances are handled now can help prevent problems later. If you are uncomfortable with any of the laws that the nursing home has in place, then you should consider talking to your lawyer about it. Shop around until you find a nursing home that you feel comfortable with and that will allow you to have as much control over your own money as possible. It’s unfortunate that you have to worry about such matters, but the truth is that not everyone is honest when it comes to handling seniors’ finances. Following these tips, however, should help you protect your money after you move into a nursing...

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Can You Legally Adopt An Adult As Your Child?

Posted by on 10:12 am in Uncategorized | Comments Off on Can You Legally Adopt An Adult As Your Child?

Can you adopt another adult? In many cases, yes, and there are good reasons for doing so. However, adult adoption can have some unintended consequences for both the adoptee and others. Here’s what you should know. Why would you adopt an adult? Sometimes the family you make is simply better than the family into which you’re born. Some people choose to adopt an adult in order to recognize a bond of love that’s as strong as any biological tie ever could be. Adoption therapists say that adult adoptions also provide a sense of stability and belonging for both the adoptive parents and adult child. Common situations surrounding adult adoptions involve stepparents and foster parents. If a birth parent’s rights aren’t legally terminated, it may not be possible for a stepparent or foster parent to adopt a child until that child becomes an adult. At that point, the birth parent’s consent for adoption is no longer required. Another situation, while less common, involves people that simply develop, through chance or fate, a close relationship with a young adult person that they think of as a son or daughter. What are the benefits and drawbacks of adult adoption? Adult adoptions allow the legalization of an emotional bond – and provide the adoptee with all the legal rights that a natural child has toward his or her parent’s estate as well. An adopted child (no matter what age the adoption occurred) has the same inheritance rights that a natural child has. If the adopted adult is disabled, he or she might also acquire insurance benefits or Social Security benefits through his or her adoptive parents. However, adoption usually severs the right of the adoptive child to inherit from his or her own biological parents. (There are exceptions in some states to that rule if a person is adopted by a stepparent.) Inheritance issues can have far-reaching implications. The existing and future children of the adopted adult also lose their right to inheritance through biological lines. Do all states allow adult adoptions? Most states allow adult adoptions for the purpose of love or for inheritance reasons alone, but each state has it’s own legal quirks where adoptions are concerned and some are restrictive. For example, in Ohio, an adult can only be adopted if he or she is mentally or physically disabled, had developed a parent-child relationship with the adoptive parents as a minor through a stepparent or foster parent relationship, or is the biological child of the adoption petitioner’s spouse. You wouldn’t be able to adopt someone that you met after they turned 18, no matter how much you think of them as your son or daughter — at least not in that particular state. If you have a strong bond with an adult that you think of as your son or daughter, a legal adoption can provide security and stability on an emotional and financial level. Adoption can allow you to make sure that he or she is really treated “like one of the family” even after you are gone. Talk to an attorney today to discuss your case. Consider some additional reading to learn...

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The Importance of Hiring a Motorcycle Injury Lawyer

Posted by on 2:07 pm in Uncategorized | Comments Off on The Importance of Hiring a Motorcycle Injury Lawyer

If you have recently found yourself injured in a motorcycle accident, you might want to think about hiring an injury lawyer. To help you understand just why this is, you will want to take a few moments to review the following benefits of taking such action. Gives You Time to Focus on Healing After the accident, there will be a lot of work that goes into negotiating with insurance companies and talking with an attorney that represents the at-fault driver. Then, if the case has to go to court, there is the process of filing all of the legal documents just to get the process started. This is a lot of work to tackle on your own, especially if you are seriously injured. You will find that by allowing your injury lawyer to do the work for you, you will have more time to yourself to attend doctor appointments and physical therapy sessions and to rest at home. Ensures You Are Requesting Enough Financial Compensation Sure, you might be able to figure out the exact number of hours of work you have missed up to this point, but what about figuring out how much financial compensation you will need for any work you might miss in the future because of your ongoing medical needs? Your injury lawyer will also be able to figure out how much money you should be asking for in order to cover future medical expenses that are directly related to this accident. Then there is the matter of compensation for pain and suffering that will need to be addressed with the insurance companies, the other attorney, and possibly the judge if your case has to go all the way to the courts. Keeps You from Missing Any Deadlines for Appealing Your Case If your case has to go through the courts and you are unhappy with the result that you get, you might want to file an appeal in hopes of a more favorable decision. The thing is, though, you have a limited amount of time before you are no longer eligible to file an appeal. Your injury attorney will have already prepared for this process in case things did not go as well as hoped in the beginning. This ensures that you will not miss your chance to continue to fight for the compensation that you deserve. As you can see, there are many good reasons to make sure that you are hiring a skilled injury lawyer for your motorcycle accident case. Speak with a representative from a firm like Whiting, Hagg, Hagg, Dorsey & Hagg for further...

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Why These Three Innocent Actions May Lead To Suspicions Of Workers Compensation Fraud

Posted by on 2:59 pm in Uncategorized | Comments Off on Why These Three Innocent Actions May Lead To Suspicions Of Workers Compensation Fraud

Workers’ compensation fraud is causing the American economy tens of billions of dollars every year. This is why insurance agents are always alert to signs of fraud whenever workers raise compensation claims. Unfortunately, there are some innocent actions that may make you seem like a fraudster even if you have a genuine claim. Here are four examples of such actions: Refusing Treatment There are many legitimate reasons why one would refuse a particular treatment. For example, it may be that the treatment involves blood transfusion, but your religious beliefs are against it. Another example is if you are convinced that the potential complications far outweigh the benefits, and you are looking for alternative treatments. Unfortunately, refusing treatment is one of the red flags of workers’ insurance fraud. The insurer’s assumption may be that you can only refuse treatment if you aren’t truly injured. In such a case, it’s good to move fast and explain your situation clearly. It may also be beneficial to get your approved treatment as soon as possible. Being Out Of Reach There are many legitimate reasons why you may be unreachable after your injury. For example, it may be that a freak storm damaged communication infrastructure in your area, and you forgot to furnish your workers’ compensation insurer with your cell phone number. This can easily be misconstrued to the effect that you are hiding something, or you don’t want the issue to be fully investigated. Therefore, ensure that you are reachable at all times by giving out all possible channels for communications by which you can be reached. Provide emails addresses, home phone numbers, cell phone numbers, mail address and even alternative numbers. If you happen to go out of town, perhaps for treatment, then make it your duty to inform the relevant parties of your whereabouts. Experiencing an Employment Change A change in employment is another red flag for workers’ compensation fraud. For example, if you report an injury shortly before or after getting fired or participating in a strike, then your report may raise a red flag. If you submit the report before the employment change, then the suspicion may be that you were anticipating the change and wanted to make some money before it occurred. On the other hand, submitting a claim after an employment change may be viewed as an act of retaliation. However, injuries can occur at any time, and it may all be a coincidence. In that case, you have to work extra hard to convince your employer and insurer of your injuries. This means reporting your injury immediately, describing your injuries accurately and seeking prompt medical care. The availability of witnesses will also strengthen your claim. For more information about to file a successful workers’ compensation claim, contact a lawyer used to dealing with such claims, like the Erickson Law...

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Vertigo: What To Expect In A Car Accident Lawsuit With A Lawyer’s Help

Posted by on 10:42 am in Uncategorized | Comments Off on Vertigo: What To Expect In A Car Accident Lawsuit With A Lawyer’s Help

Were you left with severe dizzy spells from vertigo after someone collided with your car? Vertigo can take a while to treat, so you may want to hire a lawyer to get the fees needed for your medical care from the other party. Find out in this article what to expect when a lawyer handles your car accident lawsuit, as well as what you might be charged. What Is Expected After a Car Accident Victim Hires a Lawyer? During your first consultation with a car accident lawyer, you must explain in detail how the incident changed your life. For instance, make sure that you let the lawyer know all of the symptoms of vertigo that you are experiencing so he or she will know how severe it is. Symptoms associated with vertigo such as the prolonged sensation of spinning, migraines and jerking eyes can make it hard to work. You want to make sure that you sue the other party for as much money as you deserve to avoid getting into a financial bind later on. Before the lawyer can get help you get paid, he or she will determine if you were at fault in the car accident. You shouldn’t assume that you have a strong cased based on the accident report being in your favor, as it can be contested by the other party. Your lawyer will get a copy of the accident report and visit the scene where the collision took place to gather more evidence. Video surveillance and possible witnesses may be found near the accident scene. If the lawsuit turns out to be a success, your lawyer will help you get paid for things that include: Lost wages Mental anguish Pain & suffering Handicap accessible house products Physical & psychological medical expenses What Is a Car Accident Lawyer Estimated to Charge? The amount charged for handling your car accident lawsuit will depend on how much money the lawyer is able to help you receive. You should expect the lawyer to get a minimum of at least 20% of what you win in the lawsuit. However, the fee can be as much as 40% on the highest end of the scale. The lawyer will get paid via a contingency basis, so don’t worry about paying anything upfront. Don’t delay hiring a car accident lawyer to start on your lawsuit so you can get paid as soon as possible! For more information, contact a firm like Littman & Babiarz Law...

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Presumptive Claims For Difficult VA Injury Cases

Posted by on 12:44 pm in Uncategorized | Comments Off on Presumptive Claims For Difficult VA Injury Cases

The Veterans Affairs claims system can be a confusing and frustrating ordeal to navigate. A lot of the required information depends on how accurately the medical personnel documented your injuries in the service–which can be difficult if there were no medical personnel or no administrative personnel during your original issue. If you’re lacking information or the VA doesn’t seen to be satisfied with your information, take the time to understand why your evidence may be a problem and how presumptive claims can help. Service-Connection Makes Claim Approval Difficult The biggest barricade between many veterans and their disability approval is the service-connection test. To be considered service-connected, your injury or condition must have been caused during your military service or made worse during service. It doesn’t matter if the service was active duty or reserve, just that you were part of the military when the claimed issue began or became worse. Unfortunately, some veterans may have been stationed in areas that lacked sufficient administrative personnel. Your injury could have been understated or not documented at all, which means the more complex details about your injury may be lost.  For example, you may have problems walking because of the normal wear and tear of your specific duty. Not all veterans have the same experience, but your career and certain missions may have put you through greater hardship than other service-members. Unfortunately, without specific documentation of your incident, your claim may be more difficult. After filing your claim, a medical examination takes place during the compensation and pension (C&P) exam process. The C&P exam needs to narrow your complaints of pain or walking difficulty to a specific cause. If you’re complaining about aches and pains, a detailed report of specific military events can prove your case easily. If you don’t have relevant documentation, you may be facing a denial. Many similar conditions suffer the same threat of denial because it’s easy to fake a leg pain, limp, headache or other body pains. If there’s no current proof of a problem that can be observed and no past report of something that could have caused it, the VA can’t simply presume that you’re telling the truth without further evidence–such as evidence in a presumptive claim. What Is A Presumptive Claim? A presumptive claim covers certain injuries or claims that can’t be easily observed, but can be linked to past events. Headaches, leg pains and psychological problems may require more in-depth analysis than what the VA has available. Especially with long wait times and rushed appointments, you may not be getting as much attention as you need to prove your claim. Some presumptive claims (with additional categories explained in this PDF document from the VA) may not be obvious even to the veteran until years after a damaging incident occurred. Incidents such as Agent Orange exposure or many strange conditions stemming from Gulf War syndrome are considered to be presumptive conditions and are not so quickly denied if the veteran continues to pursue compensation. The key is to be involved in those larger military campaigns such as the Vietnam conflict, the Gulf War or the ongoing Global War on Terror. Context is everything, and you may be one of the first sufferers of a presumptive condition that hasn’t been discovered. Get a legal professional specializing in personal injury claims like the Law...

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Three Forms Of Foreclosure Fraud Perpetrated By Lenders

Posted by on 3:06 pm in Uncategorized | Comments Off on Three Forms Of Foreclosure Fraud Perpetrated By Lenders

Just because you owe money to a mortgage company, it doesn’t mean that it has the leeway to treat you as it pleases. There are rules and regulations to follow, and lenders who do not follow these rules may be guilty of fraud. Foreclosures, which involve a lender trying to recoup as much of its money as possible, tend to involve a lot of fraudulent moves. Here are three forms of fraudulent moves that you should be on the lookout for when going through a foreclosure: Dual Tracking Loan modification, which involves renegotiating a loan to get favorable terms that you can afford, is a common way of avoiding foreclosure. Ideally, a lender should not process your foreclosure once you have applied for a loan modification. However, some lenders may continue to process your foreclosure even while processing the modification application. Their rationale for dual tracking is that it protects their investments in case your loan restricting application fails to go through. There are federal and state laws that deal with dual tracking. Your lawyer can help you to identify which ones your lender has broken. Denial After Delay In law, estoppel is the principle that denies one party from getting harmed by another person’s voluntary conduct. In this case (mortgage fraud), it means that you should not experience any loss due to the lender’s voluntary acts. Therefore, if a lender takes too long to process your loan modification process, then it shouldn’t deny your application. After all, the long wait might have signaled to you that the lender had abandoned its foreclosure plans to grant you a modification. Negligence In some cases, a lender’s negligence may cost you your chance of loan modification. For example, a lender may tell you that it cannot process your application because your documents have been lost. That shouldn’t happen whether the “negligence” was intentional or not. However, if the negligent acts turn out to be intentional, then it may be viewed as a form of fraud. Accounting Errors This may be rare, but it can still happen. What is more, accounting “errors” are more difficult to spot if you aren’t in the financial or mortgage industry. However, if an accounting error costs you money (for example by increasing your fees), then you have the authority to question the lender about it. Accounting errors become fraudulent if they are deliberately committed. If you ever suspect that a mortgage lender is not treating you right, then contact a real estate lawyer for an evaluation of your case before instigating a lawsuit. Property laws tend to be very complicated, and you may not understand them if you are not a professional in the industry. To learn more about the law, contact someone like Iannello...

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3 Things That Can Affect Your Personal Injury Case

Posted by on 9:04 am in Uncategorized | Comments Off on 3 Things That Can Affect Your Personal Injury Case

Being involved in a car accident can be horrible. If you are injured, then things can be even worse. If you weren’t the one responsible for causing the accident, sometimes the only way you can get compensation is to file a personal injury lawsuit against the party responsible. Here are three things that can affect your personal injury case. 1. You share fault for the accident. One thing that can definitely have an impact on your personal injury case is if the judge finds that your actions, or inaction, helped cause the accident. The judge will use one of two legal doctrines to determine if your degree of fault will affect your ability to win compensation. If the court uses contributory negligence, then you will not be able to collect any compensation if you are found to share any fault in the accident. It doesn’t matter how small your degree of fault is — having any is enough for you to lose your case. While there are still some states that use contributory negligence, many use the doctrine of comparative negligence today. Under comparative negligence, the amount you are requesting in compensation will be reduced by your share of the accident. For example, if you are asking for $14,000 in damages and you are 30% responsible for the accident, you will only get 70% of the $14,000 you were asking for. 2. States with no-fault car insurance laws. There are a handful of states that have no fault car insurance laws in place. That means, when you are involved in an accident, you are to seek compensation from your own insurance company – no matter who caused the accident. You can only file a personal injury lawsuit against the driver responsible for the accident if your medical bills exceed the threshold your state has put in place. Currently, the only states that have no fault car insurance laws are: Washington, D.C. Utah Pennsylvania Florida New York New Jersey Hawaii North Dakota Minnesota Massachusetts Kentucky Kansas Michigan If your state isn’t listed above, then they use either comparative or contributory negligence. 3. The statute of limitations has passed. Your ability to collect compensation from a car accident has an expiration date. The minute the accident occurs, the clock starts ticking on the statute of limitations. The statute of limitations for your personal injury case varies from state to state. Some states only give you a year to file a personal injury case, while others give you up to 10 years. So, you will need to consult with an attorney, like those at Garrett Law Firm, PA, to make sure your personal injury case is within the statute of limitations and you can collect...

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Can Social Disability Help You Discharge A Student Loan?

Posted by on 9:28 pm in Uncategorized | Comments Off on Can Social Disability Help You Discharge A Student Loan?

If you are unable to work due to illness or injury and are in the process of applying for Social Security Disability, you may also be eligible for student loan forgiveness, known as a “discharge.” If you meet the guidelines for SSDI, you may also meet the guidelines for federal loan discharge. Acceptance in one program, however, doesn’t guarantee loan forgiveness. To see if you could qualify for this program, read on. Total And Permanent Disability Discharge The TPD discharge program gives people who are unable to work the option to have their student loans forgiven through a discharge if the loan was through any of the following programs: William D. Ford Federal Direct Loan Program Federal Family Education Loan (FFEL) Federal Perkins Loans Teacher Education Assistance for College and Higher Education (TEACH) Grant Service How To Qualify For TPD The TPD discharge program has more stringent medical requirements than the SSA. Most notably, you must be unable to work for 60 months (5 years) or longer, compared to the SSA’s requirement that your inability to work must last only one year or longer. However, if the Social Security Administration approves your disability claim and considers you to be in a class known as “Medical Improvement Not Expected (MINE),” you will likely qualify for the TPD program. Essentially, by putting you in that status, SSA is verifying that your inability to work is expected to last at least 5 years. The other two ways to qualify for the TPD program is with a service-connected disability statement from the Veteran’s Administration or with a statement from a doctor stating either: You are permanently and totally disabled and unable to do any work. Your disability has lasted for at least 60 months or is expected to last for at least 60 months. Keep in Mind 1.  You must submit a separate application for each loan. 2.  Your income will be monitored for a period of time to ensure that you are not engaging in any substantial gainful work activity. 3.  It will be extremely difficult to obtain a new student loan. 4.  If you are interested in applying for a TPD, you can get more information and apply here. 5.  Once you have contacted Disability Discharge, any collection activity on your student loans will be suspended for 120 days, allowing you time to submit the needed paperwork. Failure to submit your paperwork by the end of the 120 days will result in the resumption of collection activities. If you are having trouble getting your Social Security Disability approved and it is holding up the discharge of your student loans, consider consulting with a Social Security disability lawyer for...

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